Legal Question in DUI Law in California

Arrested for DUI but was not driving

If I was sitting in my truck, in a parking lot outside a bar, with the engine running, and officer then taps on my window and proceeds to arrest me for drunk driving, but I had not moved my vehicle yet is this legal?


Asked on 1/21/05, 6:32 pm

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Arrested for DUI but was not driving

I've read Mr. Berger's response. It's not quite that simple, and there are ways that the prosecution can convict someone who was arrested like you were. It's a very fact-driven situation requiring analysis of the "facts" as related by the arresting officer as well as the "facts" as seen through your eyes and possibly the eyes of witnesses on the scene. You don't say when you were arrested, so I can't give you much specific advice except to recommend that you see a criminal lawyer experienced in DUI/DMV matters as soon as possible. You have to request a hearing with the DMV within 10 days of your arrest, or you'll lose substantial rights. If you'd like to meet with me for a free consultation, don't hesitate to call me. Steve Mandell 310 393 0639

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Answered on 1/22/05, 2:58 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Arrested for DUI but was not driving

If you weren't driving, you didn't violate the statute. Email or call to discuss.

Ben

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Answered on 1/21/05, 8:34 pm


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