A few nights ago I went to the club and had a few drinks. I realized I was too drunk to drive and slept in my car. I did however have my keys in the ignition. A police officer pulled up and gave me a field sobriety test and arrested me. Is there any chance of having this thrown out? I wasn't even driving. (I'm on long island btw)
dui
- Thread starter judah
- Start date
By having the keys in the ignition you were operating a motor vehicle. You wont be able to get it thrown out by yourself, but a good lawyer can get it knocked down.
I have a few friends that have learned this the hard way. Next time get in on the passenger side and keep your keys in your pocket. At that point the police can only give you a trespassing or loitering ticket. Once the officer asks you to leave make it clear you have had to much to drink and can not drive. If he is nice he will offer you a ride home, or make you call a cab. He CANNOT force you to drive the car away if you inform him you are impaired.
I have a few friends that have learned this the hard way. Next time get in on the passenger side and keep your keys in your pocket. At that point the police can only give you a trespassing or loitering ticket. Once the officer asks you to leave make it clear you have had to much to drink and can not drive. If he is nice he will offer you a ride home, or make you call a cab. He CANNOT force you to drive the car away if you inform him you are impaired.
word, in cali you can still get one for that...
if you were really trashed how do you know you didnt put it in drive and stall.. i mean not being a d**k.. but if i drink enough that i cant drive sometimes the details become a little hazy....
oh ill just drive home...
starts car... puts it in drive f**ks up car stalls
oh man f**k this ill just sleep here..
shuts off car..
i mean its not THAT hard to believe..?
oh ill just drive home...
starts car... puts it in drive f**ks up car stalls
oh man f**k this ill just sleep here..
shuts off car..
i mean its not THAT hard to believe..?
the law is bs sometimes
its not, but how do you and i know what's that didn't happend?
i think a lawyer will help his case.
Sleeping off the alcohol in the front seat with the keys in the ignition. Even if you didnt get a ticket, how did you possibly think that could end well? Anybody walking by could smash your window and jack your ride.
Second off, the law isnt BS. Its legit. Putting your keys in the ignition means that you have the intention to operate the vehicle, whether the car is in neutral/park or not. And ignorance of the law is not a defense, so dont expect you will get it dropped totally.
Second off, the law isnt BS. Its legit. Putting your keys in the ignition means that you have the intention to operate the vehicle, whether the car is in neutral/park or not. And ignorance of the law is not a defense, so dont expect you will get it dropped totally.
Although you thought you were doing no harm a lawyer would even at $5000, thats better than losing your license and possible jail time. You may get the charges lowered to something easier, like reckless driving or drunk in public, something much easier to deal with. Good luck with everything man....
yea, breaking the law is bs
lethal6
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It's called the possibility of physical control. If there is a way you could start and drive the car, you can get charged with a DUI. There seems to be ways around it if you are not in the driver's seat, but you were AND had the keys in the ignition.
The laws very from state to state in terms of "physical control" and how it is interpreted. Your best bet is going to be to seek out someone that REALLY knows about the laws in your state.
The laws very from state to state in terms of "physical control" and how it is interpreted. Your best bet is going to be to seek out someone that REALLY knows about the laws in your state.
Some lessons are more expensive than others
gata pay to play my man, keys were in the switch, your at fault, -shrug
XeroReboot
Z6-All Motor
Depends on the state... in Oregon the car has to be in motion... granted if it only moved an inch cause you bumped the parking brake it'd count... So check your state laws first and see what you can do... HOT TIP: If it's your first DUII then just take diversion it's quick and painless...
lethal6
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I would do some research before committing to a lawyer. I did a quick search and it seems that first offense fines and penalties are the same regardless of lawyer or not. Most people use lawyers to get their 2 and 3 DUIs reduced. You might be paying $5k for something that gets you the same exact fines and penalties as going with a public pretender.
Most of what I found (keep in mind this varies dramatically from state to state) is that the minimum fine is $500 and the max is $750. Jail time is no more than 48 hours. All for first offense with no accident or injuries involved.
Now the gov'nator passed a law saying that it is mandatory that you have a "blow and go" in your car for a year and spend mandatory 48 hours in jail. That is cali though. I didn't find anything on New York except for the fines and jail time stated above.
thanks for all the responses guys. i'm really stressing over this. the same lawyer that i contacted earlier today somehow bumped his fees from 5,000 to 30,000! so i shopped around and found another attorney who has been practicing for 30 years. he looked at all the police reports and told me this: since i was not moving my vehicle and I was sleeping in my car there is a good chance that i will be found not guilty. however, when i was arrested i refused a breathalyzer test. on monday I have to go see an administrative judge (for refusing the chemical test) and if the arresting officer doesn't show up i will have my license privileges reinstated. 95% of the time they SHOW UP, so i'm basically f**ked there. he also explained to me that for the criminal matter i have to go to a separate court on a later date where there is basically a conference with the judge and we tell them we want to take the case to trial. if i am found not guilty i will not be eligible for a condition license to drive to school and back. if i am found guilty i will be able to get a conditional. seems a little backwards to me but that is the law in ny. he charged me 10,000 btw. (1500 down payment, + payment plan over 7 months) worst part is i don't have the guts to tell my parents about this.