Defenses
I was drinking at my residence and for privacy while talking to my ex girlfriend on the phone I went out to my car. I had the keys in the ignition to turn on the radio and A/C, but had not moved the vehicle or put it in gear. I passed out in the car and an officer passing by stopped to see why I was slumped in the seat and then said I was noticably intoxicated and arrested me on charges of DUI and possesion of a fake driver's license. I asked to go inside my residence and they also charged me with resisting arrest non violently. What defense do I have?
1 Answer from Attorneys
Re: Defenses
The law in Florid, allows a DUI conviction when a person is "in actual physical control" of a vehicle, as opposed to actually "driving" it. There is precedent indicating that having the keys in the ignition is enough for "actual physical control". Obviously, a jury could conclude that that was not enough, if a person presented a vigorous and effective defense. As to the charge of resisting arrest w/o violence,I would need more information about the facts before I could competently answer your question. If you would like a consultation regarding your case, please call my office at 407-679-3823. My office has a reasonable consultation fee, and payment plans.
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