Q: I was given a DUI, however I was not operating my vehicle. It was parked at a separate location. Is this lawful?
I was detained by multiple police officers on foot, at a separate location. It doesn't seem right that I could get a DUI when I wasn't even operating a vehicle and never admited to doing so under the influence
A: You can be "charged" with the crime of DUII regardless of whether at the time of the stop you were driving or not. Being charged with a crime,and being found guilty of a crime are two different things. Since driving is an element of the crime of DUII, you would likely have a very good defense at trial if the police are not able to prove you were driving on the date in question. I recommend consulting with a lawyer with ample experience in DUII law to guide you through the process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
