If you are not driving while an officer approached your vehicle, you may
be wondering whether or not this may constitute as a
DUI. Under Mercer v. Department of Motor Vehicles, you can be convicted of
DUI if you are sitting in a parked car, if and only if it can be proven
that you were, at one point, driving while intoxicated. If a police officer
suspects you of drinking and driving, you will be asked to partake in
a number of sobriety tests such as a breath or blood test.
Circumstantial evidence, though flimsy, may still be used against you in
order to establish that you were, in fact, drinking and driving. This
is all up to the discretion of the police officer, as it is his or her
duty to collect evidence that you had been driving the vehicle. Additionally,
the officer must have probable cause before stopping or detaining you,
in which case he or she must have reasonable suspicion that you are engaging
in illegal behavior.
Some examples of this evidence include, but are not limited to:
- Warm tires
- Warm engine
- Car pulled over on a shoulder, or in the middle of a roadway
- Damaged vehicle, indicating you were just in an accident
- Gear is set in drive
- You are alone in the vehicle, with no explanation as to where the driver is
- Keys are in the ignition
However, if you are found in this situation, all hope is not lost. With
the help of a strongminded and aggressive Orange County criminal defense
lawyer, there are several defenses which may be able to prove your innocence
throughout this ordeal. These defenses include a lack of probable cause
to detain you, or the fact that you started drinking after you had stopped
driving, as well as the presence of someone else who could have possibly
been the driver.
Contact Our Orange County Criminal Defense Lawyer Today
If you have been charged with a parked car DUI, time is of the essence.
There is no time like the present to do yourself a favor and enlist in
the help of a trusted Orange County
criminal defense attorney. With The Law Offices of Jacqueline Goodman on your side, you
can rest assured you are in the hands of a capable, experienced, and skilled
legal advocate. Don’t face this difficult time on your own.
Contact us at your earliest convenience by calling (888) 849-7652.