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Dui in vehicle that's broke down.

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  • Dui in vehicle that's broke down.

    In a situation where a vehicle is in limp mode( computer locks the transmission into a low gear), and the driver is pulling off onto the shoulder before the vehicle is virtually unoperable. I understand you can be charged with dui, but what kind of things can a lawyer do to get it dropped down? Or better yet how could you fire your worthless PD and take care of it yourself. This happened in St John's county FL.

  • #2
    Re: Dui in vehicle that's broke down.

    Originally posted by Frankpollard View Post
    I understand you can be charged with dui, but what kind of things can a lawyer do to get it dropped down?
    You were in the car, behind the wheel, in control of the vehicle. Doesn't matter if the car was parked with you in it. I'm sure a lawyer can do a lot of things. Whether it gets dropped down is anybody's guess.


    Originally posted by Frankpollard View Post
    Or better yet how could you fire your worthless PD
    You give him a letter saying he's fired.

    Originally posted by Frankpollard View Post
    take care of it yourself.
    You mean without a lawyer? That would be foolish. But good luck with it.

    Comment


    • #3
      Re: Dui in vehicle that's broke down.

      Originally posted by Frankpollard View Post
      IOr better yet how could you fire your worthless PD and take care of it yourself. This happened in St John's county FL.
      Worthless why? Because you were caught dead-to-rights and have no defense, so you blame the PD for not getting you off?

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      • #4
        Re: Dui in vehicle that's broke down.

        FL law states that a person can be found guilty of a DUI if they were driving OR in actual physical control of a vehicle. Having “actual physical control” of a vehicle means a person “must be physically in the vehicle and have the capability to operate the vehicle, regardless of whether [he] [she] is actually operating the vehicle at the time.” There is a legal basis for the officer(s) to conduct a DUI investigation regardless of whether you were observed driving. It happens all the time. For example, a lot of cases stem from drunk drivers who've pulled over to sleep it off on the side of the road. In those cases, it's perfectly legal for an officer to contact the driver to check on his or her welfare. Once the officer witnesses circumstantial evidence that the person may have been driving under the influence (e.g., the engine hood is warm, the car and/or person sleeping smell heavily of booze, keys are in the ignition, there's no one else there, etc.), at that point the officer has a valid reason to conduct a DUI investigation.

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        • #5
          Re: Dui in vehicle that's broke down.

          I guess Lexus had nothing better to do today than to dredge up 3.5 months old posts. I expect AFFA to follow.

          Comment


          • #6
            Re: Dui in vehicle that's broke down.

            Well he does provide some useful extra advice.

            Even if after 3 mos.

            Comment

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