I was arrested for DUI, but was not driving, nor in my car, nor near my car. It was parked one mile away & I was home.
Asked on 4/19/10, 5:33 am
1 Answer from Attorneys
Sean Santoro
Santoro Law Office
To be convicted of DUI in Kansas, a witness must be able to testify that you were operating a motor vehicle while impaired by alcohol or drugs. "Operating a motor vehicle" can be proven by circumstantial evidence. Evidence such as an accident, keys in the ignition, illegal parking, or a warm engine, combined with the proximity of the defendant to the vehicle, can be considered. Each case is fact specific, as no two circumstances are exactly alike. You may have a defense to the charge, but I would need additional information. Feel free to contact me if I can be of assistance.
Sean Santoro/Licensed in KS and MO
Answered on 4/26/10, 9:01 am
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