Legal Question in DUI Law in North Dakota
Actual Physical Control
Was cited for APC, was parked alongside a gravel road in a very rural area near where I grew up with my wife, keys were not in the ignition, they were removed by my wife and put on the floor of the vehicle somewhere. State Patrol comes upon our vehicle 5-10 minutes after we parked and ''checks'' on us. He notices a smell of alcohol and performs a FST. I passed, and then the breathalyzer revealed a .11
I was handcuffed and put in the cruiser, while he searched the vehicle for keys. Was the search legal? Was there probable cause?
Is it worth defending as my career depends on it?
1 Answer from Attorneys
Re: Actual Physical Control
Was this in North Dakota or Minnesota? The search of your car was legal. Whether or not the officers approach of your vehicle was proper would require more facts. Your case sounds defendable, but what is very important is when you were stopped, your driving privleges are in jepardy and you dont have much time to address the drivers license issues.
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