Legal Question in DUI Law in Pennsylvania

What is driving considered

can i beat a dui charge while sleeping in my car with the keys in the ignition. the car was off, matter of fact it was broke down and sitting there for hours before i got in it. i broke down at my ex girlfriends house, i went to the bar while she went to do some running around. i came back looking for a place to crash, was loud the cops were called and found me sleeping in my broken car with the keys in the ignition. the battery was dead i needed a jump


Asked on 12/13/00, 5:39 pm

1 Answer from Attorneys
Patrick Carothers Sherrard, German & Kelly

Re: What is driving considered

Dear Sir:

Under Pa law you are considered in control of a motor vehcile if you are in the driver seat with the keys in the car. However, it may be ac ase in which we could debate since there would be some proof that you were not driving nor had you drove and the car was actually not capable of being driven. If it is your first offense you would probably be eligible for ARD which is a program in which really the worst thing that happens is taht you lose your license for 30 days. However, you may have outright defenses. Please contact me if you would like to discuss your case further.

Very truly yours,

Patrick W. Carothers

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Answered on 12/15/00, 8:39 am


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