Florida  |  DUI Law

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3/19/01, 10:06 am

Legal Question


Charged of DWI but wasn't driving

While driving at 2:00 am to locate an open gas station, subject ran out of gas. Pulling into a drive to wait for morning, subject decided to drink the beer purchased earlier. A guard came to the window to ask what subject was doing in private drive, smelled alcohol, and proceeded to call police officers to scene. Subject was then arrested for DUI/DWI. If subject was not drinking and driving but in an automobile, does subject have a proper defense?


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