I received a DUI Charge on January 2010, but I was not Driving. My Keys were in my center console and i was parked in a Restaurant Parking Lot in back a good 100 yards from any public road. I am fighting it and the prosecutor offered me "Reckless" Driving and 6 months probation, a 250$ fine and to have an evaluation to see if i have an addiction. Is this a good offer to take or should i fight the charge?
1 Answer from Attorneys
Whether or not to fight the charge is a question you need to answer yourself. Do you feel that taking a reckless is a just and fair resolution to the charge? Or do you feel that you were not guilty period, and any plea would be an admission of guilt?
Legally, you are standing on pretty good ground if the cops agree with you that the keys were in the center console and the car was off. However, Florida law is extremely liberal on what could constitute actual physical control of a vehicle. Meaning, a lawyer probably cannot get the case dismissed on its facts, and the case would likely have to go to a jury to decide: where you Driving Under the Influence.
With that said, there is the question of the validity of the Officer's "detention" of you before they developed probable cause to arrest you. Did they open your door without permission, or knock on the window? If there are legal issues with your initial detainment, then our case becomes that much "stronger".
Regardless, you may wish to discuss the issue with a DUI Attorney before you make any decisions.
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