Legal Question in DUI Law in New York

Sitting in a parked car

Can you recieve a dwi, while sitting in a parked vehicle. The keys out of ignition and in passenger seat?


Asked on 12/21/06, 9:25 pm

2 Answers from Attorneys

Re: Sitting in a parked car

Assuming all of those facts, its hard to imagine the police/DA making a case stick for DWI. A key issue on a DWI case is "operation" of the car. Generally, there is no operation if the car is parked and the engine is off (which I assume it was if the keys were out). Similarly, if you are sitting in the passenger seat, its hard to imagine how the police can say you were operating the car.

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Answered on 12/21/06, 9:55 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Sitting in a parked car

It is indeed possible. How did the car get there? Was the engine warm? Was there another person with you or were you alone? These are questions of fact for a trial.

If you need legal assistance, feel free to contact me in your area code at 8782163.

Good Luck

RRG

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Answered on 12/22/06, 7:56 am


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