Legal Question in DUI Law in Washington
in physical control?
My boyfriend was driving us home from the bar. I was asleep in the passanger seat. He decided to pull over into a parking lot and walk, while I was sleeping. I was awoken by the police and arrested for being in ''physical control.'' I know I had not been driving, nor would I have driven. The car was parked, but the keys were in it. I don't know what to expect or how the conviction is different than a DUI? Any help or advice would be greatly appreciated!
3 Answers from Attorneys
Re: in physical control?
There is a defense: safely parked off the roadway before being pursued by police.
The penalties are consequences of a conviction for physical control are no different than DUI. Only the elements and defense mentioned above are different.
I strongly suggest you retain an attorney to represent you. There are far too many legal and evidentiary issues in DUI / Physical Control cases for non lawyers to handle such a charge competently.
Re: in physical control?
Mr. Ferris is quite correct. You may have a defense to this charge under the law but the facts have to support that defense. Where the keys were is a part of that defense as well as your location inthe car and what type of parking lot your car was parked in at the time you were awakened. Do get a lawyer for this as I can tell you from my 27 years of experience in DUI and traffic cases, prosecutors will not help you out of your predicament; only your own lawyer will. Good Luck!
Re: in physical control?
I am sorry to hear that you were arrested. Especially when the last you knew you were safely asleep with your boyfriend driving. I question your boyfriend's decision making in leaving you in the car.
In addition to what Mr. Ferris said about "safely off the roadway" there may be another defense in your case. All crimes require some degree of "mens rea," that is, "mental state," or degree of intent to commit the crime. In your case you had no intent to create a situation of physical control or even any knowledge that you had done so.
This is but one example of why you will want a lawyer to assist you with your case. As we learn more information there may be additional defenses.
At your service,
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