Legal Question in DUI Law in Montana

dui in an in-op vehicle

I was stopped and arrested for a ''dui'' while sitting in an in-op vehicle. My ticket was written up as ''driving or in physical control of a vehicle while under the influence''. Do I have an argument in this case?


Asked on 12/28/02, 4:25 pm

1 Answer from Attorneys

Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: dui in an in-op vehicle

You do have an argument, but it is one that may have to be made to a jury. You may succeed in a motion to dismiss, but it is just as likely, in my experience, that you will be required to have a jury decide this. Juries often have surprisingly good common sense. Good Luck.

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Answered on 12/29/02, 6:35 pm


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