Can i get an oui when not seen driving or even near the vehicle and car was locked up and a quarter of a mile away from me...

The answer to your question is potentially yes, here is the problem: In general terms, the DWI law prohibits operating a vehicle while intoxicated. Many courts and legislatures have redefined the word "operation" in this context to mean having access to the controls of the vehicle. People have been convicted for sleeping in a car, intoxicated, where the engine was running. This is because the person was sitting in the driver's seat with access to the controls of the vehicle, regardless of the fact they were sleeping. In your case, the fact that the keys were not in the ignition is significant but may or may not be the sole fact on which the case turns. Such issues are highly fact-driven. Your brother needs to retain an experienced DWI attorney in your jurisdiction to do a motion to dismiss. I truly wish you the best. If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies. In the event that you have follow up questions, please post them directly on this site. This does not create an attorney-client relationship and the attorney does not read unsolicited emails. Thank You.

I agree with the first answer. Sometimes when you are the only person within a reasonable distance of the car and there is no other way it could have gotten there without you driving it, the police will charge you with operating it. Even though the car was locked, who else but you locked it? That's going to be their position and its not an entirely bad logic, is it? Think about it. Nonetheless, it is a defenseable case in most instances and I suggest you hire a local lawyer and do exactly that. Some DA is liable to see how difficult a case it will be to try and give you a better deal than you might otherwise get. Good luck and walk faster next time, if there is a next time.

sounds like you have a strong defense as they will not be able to prove operation. You will need a local attorney to asist you but you should be fine. good luck.

The answer is it depends on the evidence they have against you. If you admitted operation they have a stronger case than one where you don't admit driving. I an happy to review the case at no charge. contact my office for an appointment. Wayne R. Foote, Esq. Board Certified OUI Defense Law Specialist by the National College for DUI Defense, Inc. Law Offices of Wayne R. Foote, PA 344 Mt. Hope Ave Bangor, ME 04401 (207) 990-5855 (207) 990-5858 (fax) www.lawyersmaine.com "Injustice anywhere is a threat to justice everywhere." M. L. King, Jr.