Q: I was not driving, I told them that I had been sitting in my car waiting for my ride drinking 4 the past hour
Jefferson county, they took my blood alcohol level only after I had been sitting in my car drinking & not when I was actually driving
A: You have a good case to fight as you likely did not have the intent to put the car into motion. Juries will be instructed to decide whether you are driving by looking at many factors including where the vehicle was found, where in the vehicle the person was found, whether the keys were in the ignition, whether the motor vehicle was running and any other factor that tends to indicate that the person exercised bodily influence or direction over a motor vehicle or not based on their everyday experience. You should definitely get experienced counsel to fight your case.
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