Can an attorney get a dui dropped or reduced i was arrested for dui while in a private parking lot and not driving i was sitting

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i was waiting for my girlfriend to come pick me up in a restaurant parking lot and had the engine running to stay warm and the police arrested me for dui the truck was in neutral with the brake set and i was not violating any laws they said someone called them on me

Attorney Answers

4
Linda Callahan ·
I do not practice in Indiana, so I am only giving you advice from the perspective of a lay-person. In most states, a person can be charged with operating a motor vehicle under the influence. In other words, driving the vehicle is not an element of the crime, merely "operating" that is, being in actual, physical control of a motor vehicle while under the influence can be a violation of the law. The fact that the engine was running and you were in a position to control the vehicle would likely be facts not helpful. However, that being said, you should contact a skilled and experienced DUI attorney in Indiana for advice about your situation and any defenses that might apply. I have attached a link to the National College for DUI Defense. There are several attorneys from that organization who practice in Indiana.
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James Robin McKinney JrDUI / DWI AttorneyNashville, TN ·
Maybe yes.Maybe no. Most states have a physical control law in DUI cases that cover the facts in your case.Under the issue of whether you had physical control of a car , the court would look at was the car running, where were you in the car , and several other factors. If the court finds you had physical control you could be found guility of DUI . The key isssue is whether they had probable cause to approach your car .That is your main defense.Please confer with an Indiana attorney to answer your question due to the fact that DUI laws are state specific.
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Jonathan Blecher ·
These are great cases to try. There are issues about the legality of the police contact as well.
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Mark Foster ·
The law in Indiana is that unless the State can prove you drove the automobile, sitting in a parking lot with the engine running is NOT operation. I have won many of these cases using Heigle and Corl as authority on this issue. Please contact an Indiana attorney who knows Indiana DUI law.
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