Q: My buddy was approached by a mall cop in a parking lot
-- the car was idling but he was not driving. Mall cop said he'd called the regular cops - once they go there he got charged with a DUI. How is that possible if he wasn't driving?
A:
You raise an excellent question. Operation of a motor vehicle is an element of DWI. That means a person starts a the motor vehicle with the intention of putting it in motion. Based on what you wrote,
the element may be difficult for a prosecutor to prove beyond a reasonable doubt because it deals with the mental state of your friend. An obvious defense is that somebody else intended to drive. He or she should hire an aggressive defense attorney to fight the charge!
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