Q: Can you get a DUI for inhaling dust off inhalant in a parked car not running but while sitting in the driver's seat?
A: You can get a DWI but the question is can they prove intent to operate the vehicle.
Leon Matchin agrees with this answer
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New Jersey
- (833) 732-7320
- View Profile
- Answered
A: Your defense is operation and the police would have to prove that you had intent to operate but you have a good defense here but they have probable cause to arrest still they have a much higher hill to climb proving beyond reasonable doubt that you intended to operate the vehicle. You can still get convicted but you have a defense.
H. Scott Aalsberg agrees with this answer
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.
