Parked car, DUI, keys not in ignition

IntoXicated

IntoXicated

Bluelighter
Joined
Mar 1, 2004
Messages
173
Location
Nebraska
I recently was charged with D.U.I while parked at a liquor store. The car was turned off and the keys were not in the ignition. The arresting officer never documented noticing the keys or their location.

Today I had a supression hearing for my case. My lawyer is making my defense in the means of probable cause that I was in physical control of the vehical. He questioned the arresting officer under oath about the keys. The officer said he hadn't seen them or acknowledged they were in the vehical at all.

The judge wants time to look into the matter regarding the keys as a primary factor in the case. My lawyer is pretty confident that the case could be dropped.

Right now I'm searching the web for similar court rulings, if anybody has any knowledge on this please share.

Thanks,
 
A DUI is driving under the influence. As long as you haven't admitted to driving to the store under the influence, or had intentions to drive, you are fine.

The case should get dropped. So was the case set for a later date? I don't understand why it didn't end that day.

And why would the judge offer advice to the defense? That is against the law in some states.
 
If you can prove that you weren't driving then the only thing they can get you on is loitering or trespassing, or some stupid traffic violation for being in a parked car for a length of time.
 
im not sure where you are, but if you are in australia.... you can be chaged for DUI... all of what was said about about not actually driving is wrong, this is a huge misconseption....

but, one thing working against them is this... they didnt actually say where the keys are...

basically, if they are anywhere in your vacinity they can charge you... but if they are not, then you cannot be charged... it is not illegal to sit intoxicated in the car, but they can form a reasonable suspicsion...

i did a case on this... so if you are in Aust, make sure you work on where your keys where... and why you were there, and if you had a high chance of driving in that state...

good luck though
 
I don't know how similiar Austrailia is to America, but you can keep quiet and not have an admission of guilt. In America, you wouldn't have to mention the keys or any such unless it was part of the defense.
 
In my state, if you were in the vehicle, and had access to the keys, even if they were not in the ignition, you'd still be able to be charged with DUI. I'm aware of a number of cases that this defense was tried, and it failed every time. Having the keys in the ignition or not doesn't determine phsyical control. If you were in a car but had no access to the keys, it'd be another story. However, prepare to be convicted if you did have the keys, whether or not they were actually in the ignition
 
From your profile, I'm assuming you live in Nebraska. The states write their own drunk driving statutes. Many of the Nebraska cases have cited the following definition of operating a motor vehicle:

Word "operate," as found in statute making it an offense to operate a motor vehicle while intoxicated, relates to actual physical handling of controls of motor vehicle by person while under influence of intoxicating liquor. Waite v. State, 169 Neb. 113, 98 N.W.2d 688 (1959).

From what you've said, there doesn't appear to be any evidence of you handling the car's controls. The abscene of the key makes this argument even more believable.
 
Word "operate," as found in statute making it an offense to operate a motor vehicle while intoxicated, relates to actual physical handling of controls of motor vehicle by person while under influence of intoxicating liquor. Waite v. State, 169 Neb. 113, 98 N.W.2d 688 (1959).
Click to expand...

Thanks! That is exactly the kind of legal reference I need.
 
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