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Arrested for DUI while sleeping- no keys in truck, and stuck in a snowbank
Anonymous10 views3 answers
My friend left my house after dinner around 10pm sober. Cops arrested him at 1:30am while he was sleeping in his truck. It got stuck in a snowbank there were no keys in it and it was not running. They woke him out of a dead sleep so he was charged with resisting as he didn't know what was happening. Some people are like that when woken up suddenly.The cops came to my house to make sure I had his son, which I did and they told me the truck wasnt going anywhere, it was too stuck but out of the way of traffic and potential emergency vehicles. They said I could try and pull it out in the morning. We live in a very small mtn community up a dirt forrest access road. He already lost his license at dmv, is there a chance he could get it back after trial? Can they charge with DUI? BAC refused
All that the police or DA need to start is criminal case is to establish that they have probable cause to arrest and charge. If they have probable cause the case can be filed and a person can be arrested or charged with a crime. However, that does not mean that the police or DA will get a conviction at trial. For a conviction they must prove all the elements of the crime beyond a reasonable doubt. Your friend may have some workable defenses. You have not provided sufficient evidence to show whether or not the police have probable cause of a DUI. The fact that there were no keys in the ignition and the fact that the truck was not running are helpful facts. Were the keys in his pocket or on the floorboard or anywhere i the truck are issues that you have not mentioned n your question.
A lot of essential facts are missing from your question and hence a more detailed response is not possible.
You friend does need to see and hire a good criminal defense and DUI attorney to help him.
It is worth the investment to do that.
Best of luck
This case is prime for challenge by your friend, with the assistance of a good DUI defense attorney.
Can they charge DUI? Yes. Can they prove ALL of the elements of the offense beyond a reasonable doubt to a jury? That's a very different question.
If he has already had his hearing before the DMV, he is likely facing that 12 month revocation without much hope of change. Winning at trial does not affect the DMV revocation at all. Losing at trial could result in an additional 12 month revocation.
Tell your friend to consult with an attorney very soon.
Best of luck.
John Buckley
