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I got a DUI while my car was parked can I fight this?
Question:
I got a DUI while my car was parked can I fight this?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Getting a DUI in a parked car should definitely be fought. Even if the keys were in the ignition, the car was not being operated at the time of ticketing. DUI is short for driving under the influence. If the car was not in operation, how does a parked car qualify as being driven?
The Keys are in the Ignition
This is the basis that an officer will use to issue a DUI. It does not matter if no one is in the driver's seat, they will use the fact that the keys are in the ignition as a sign of intent. In fact, the person can be sound asleep in the back of the car and can still receive a ticket.
It is always safest to not put the keys into the ignition, even if the person just wanted to listen to the radio. Throw them under the seat and make sure they are out of reach. An officer cannot claim intent if the keys are nowhere to be found.
Hire the Best DUI Attorney You Can Find
There are ways to beat a DUI successfully, including cases where the car was parked. It takes a highly experienced DUI attorney to beat a case like this. Do not scrimp on fees as it will cost you later. Spending the money up front on a lawyer now will allow you to keep your driver's license for the long run.
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