Legal Question in DUI Law in Missouri

Re: Dui and inoperable vehicle

I would need more information to know where you stand with your facts, but it sound like enough.

In a Missouri DWI case, an officer does not have to "see" you operate or drive a vehicle for you to be validly convicted of DWI, i.e.-- a driver need not be "in actual physical control" of a motor vehicle to be subject to RSMo. Section 302.505 (the driver's license suspension law).

Legally in Missouri, to drive means to "guide a vehicle along or through," and operate means to cause to function usually by direct personal effort; work."

Once the key is in the ignition, and the engine is running, an officer may have probable cause to believe that the person sitting behind the wheel is operating the vehicle. Stewart v. Director of Revenue, 702 S.W.2d 472, 475-76 (Mo. Banc 1986); State v. Mitchell, 77 S.W.3d 637, 640 (Mo.App. 2002); Mayberry v. Department of Revenue, 983 S.W.2d 628, 632 (Mo.App. 1999(. This holds true even if the driver is sleeping or unconscious behind the wheel with the car in park. State v. Wiles, 26 S.W.3d 436, 441 (Mo.App. 2000) Delzall v. Lohman, 983 S.W.2d 633, 634-35 (Mo.App. 1999); Weiland v. Director of Revenue, 73 S.W.2d 60, 63 (Mo. App 2002.

In your Missouri DWI case, the success of your defense will turn on whether the state or DOR can show the engine was actually running.

Good Luck to you. You should definitely pursue that defense.

Hire an experienced attorney!! If our office can be of assistance, please do not hesitate to contact us.

J. Matthew Guilfoil, Missouri DUI / DWI / BAC Lawyer, Kenney, Shepherd & Guilfoil, L.L.C. Toll Free Number (866) DWI-MATT. EMAIL: [email protected]

Web pages:

http://Missouri-dui-dwi-defense.com

http://www.drunkdrivingdefense.com/missouri-dui-attorney-guilfoil/ (www.drunkdrivingdefense.com Missouri page)

http://www.dui-dwi.com/missouri-dui-attorney-guilfoil/

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