Legal Question in Criminal Law in Pennsylvania
DUI sitting behind wheel but not driving
This is rough. RecentlyI was arrested for DUI because I was sitting behind the wheel of my vehicle that was stuck in a snowbank on the side of the road.
My friend had been driving us from a bar (he was sober) and the car hit some black ice and we slid off the road. I got out and tried pushing but it would not budge. His wife was right behind us and pulled over. Since my friend had work the next day we decided he should leave w/ his wife (it was after midnight) and I would stay to call for a tow. I got into the vehicle and began to clean out some necessary items before I called for the tow. I had the engine running for heat because temps were in the single digits. Next thing you know police arrived (someone prob reported a stuck vehicle on the side of the road) and I got out to explain that the car was stuck in snow but that I didn't put it there. Before I could tell my story he asked if I was drinking and I of course said yes. He ran--name removed--through a couple field sobriety tests that I thought were for a possible public intoxication arrest but he promptly arrested--name removed--for dui! Do I have ANY defense? I only found out yesterday that being behind the wheel is considered 'driving'. But the car couldn't even move ;(
2 Answers from Attorneys
Re: DUI sitting behind wheel but not driving
You have some defneses as to operation. The key is if this is a first offense or not. You need to speak to a lawyer as soon as possible. I offer free initial consultations.
Re: DUI sitting behind wheel but not driving
There are definitely some potential defenses. The state must prove that you OPERATED the vehicle. Looks like we can parade witnesses that will say that you didn't operate the vehicle. Give our offices a call.
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