Inoperable vehicle--drank after car ran out of gas
I drove to the store to buy a 6-pack, and ran out of gas 1/4 mile from my home. I decided to drink some of the beer before walking home, sitting in my car (it was 12 a.m. and very dark.) The sheriff pulled up behind me and saw two empties beside my car. After submitting to roadside tests, he arrested me for dui. The keys were not in the ignition, but in the center console. I didn't give a viable breath sample, so it was deemed a refusal. Do I have a good defense? Thanks, June
2 Answers from Attorneys
Re: Inoperable vehicle--drank after car ran out of gas
June: The law allows a person to be arrested for being in actual physical control of a vehicle even though the vehicle is not being driven. However, if the vehicle actually ran out of gas, AND the keys were not in the ignition, I believe that you have a viable defense. If you would like representation, I can be reached at 407-679-3823. My retainer for a first-time DUI is $1,500.00. Stanley E. Halbert, Esq.
Re: Inoperable vehicle--drank after car ran out of gas
June, although the facts are sparse it sounds as if you have a good defense. Remember that the law only requires that you are in actual physical control of a vehicle - not driving. But if the car was out of gas then you have a good defense.
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