Q: What are the specific parameters needed to be considered in physical control of a vehicle?
car was parked by person #1 who left immediately after. Person#2 went inside to use bathroom while others parked. Person #2 went out to car and fell asleep in drivers seat for 4 hours. Neighbors called in wellness check and Police want to charge Person #2 with physical control rcw 46.61.504. Also there is a person #3 asleep in passenger seat who was in possession of the keys. Trunk was open as well.
A:
One of the most important issues is where was the car/vehicle parked. Was it safety off the roadway?
You need an experienced criminal defense attorney to represent you. Make sure you have one.
1 user found this answer helpful
A:
Sorry to hear. Unfortunately there is not a list of specific parameters needed to be considered in physical control of a vehicle. However, there is an important defense of being safely off the roadway.
In the opinion of the arresting officer, the vehicle might have been too close to the roadway. Also, being in the driver's seat is not helpful to a safely off the roadway defense. It is difficult to speculate without seeing the arrest report and other evidence.
An attorney experienced with DUI will need to fight this. Most of us offer free phone consultations. Best of luck.
1 user found this answer helpful
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.
