Legal Question in Traffic Law in North Carolina

DWLR charge while sitting in a parked car in a parking lot?

Can a person be charged for simply being in the drivers seat of a parked car? In a parking space in front of a convience store? I was sitting in the car with 2 toddlers while my girlfriend was in the store, when an State Patrol riding through noticed out tag sticker expired and stopped. He didn't pull us over or turn on blue lights just stopped behind the car. The tag actually was not expired but we hadn't replaced the sticker.


Asked on 4/01/09, 2:12 am

1 Answer from Attorneys
Joseph Estwanik IV The Law Office of Joseph Estwanik IV, PLLC

Re: DWLR charge while sitting in a parked car in a parking lot?

I am not sure if there is case law that pertains exactly to your situation. I do know that someone can be convicted of a DWI while sitting in the driver's seat of a running car, even if they are not actually in motion. So, I would need to know more facts to answer your question. But, a DWLR charge is a misdemeanor, you could actually be sentenced to jail and you could face losing your driving privileges from 1yr to indefinitely, depending on how many times you have been found guilty of DWLR in the past. I recommend that you hire an attorney to assist you with this matter. Feel free to contact our office. Joseph Estwanik IV

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Answered on 4/01/09, 11:02 am


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