Q: My freind was arrested charged with drunk driving. He was not driving his car was broke down in the bar parking lot he c
was there working on the car an anonymous call call the police when they got there he was passed out in the car put the keys in the passenger seat floorboard the car would not even start he had gotten a ride there to work on it I have affidavits from people at the bar the owner of the bar everything what is the statutes I can use to fight this cuz he's in jail right now and I don't think it was legal for them to arrest him for drunk driving when the car would not even start. additionally he did not take a breathalyzer or any kind of sobriety test or walk the line or anything he did nothing except for attorney please
A: You cannot fight it as you are not a lawyer. It would be the unlicensed practice of law.
He needs an attorney and his bond posted.
A: Go to trial. At trial the prosecutor has to prove that the automobile was a functioning automobile. If in fact it was not capable of being operated on the street then you can argue to the jury that the State has failed to meet its burden of proof. At the conclusion of the State's case your attorney can argue a Motion for Judgement of Acquittal if he can convince the judge of the proof failure by the State. Although you wrote in your question that the automobile was not working, it is a question of fact that has to be argued at trial.
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