Could I be arrested for DUI if I was sleeping in my car? 2 Answers as of April 13, 2015

Last weekend I had too much to drink at a bar so instead of driving, I tried to do the responsible thing and went to sleep it off in my car in a parking garage. A few hours later, a cop was knocking on my window and he asked me what I was doing. I told him that the truth, and after failing the sobriety tests, I was booked into jail. Can I fight this? Somebody please help what should I do?

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Team Green Lawyers, PLLC
Team Green Lawyers, PLLC | James R. Daley
New York law provides that for the purpose of a DWI, a person can be deemed to be "operating" a motor vehicle "when such person is sitting behind the wheel of a motor vehicle for the purpose of placing the vehicle in motion, and when the motor vehicle is moving, or even if it is not moving, the engine is running." As such you may very well have a valid defense to the DWI charge. You should contact a criminal defense attorney who has experience in representing those charged with DWI and discuss the details of the incident further.
Answer Applies to: New York
Replied: 4/13/2015
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
Were the keys in the ignition? That could be "operation" of the car. Hire I good criminal defense lawyer.
Answer Applies to: New York
Replied: 4/10/2015
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