It has been a while since we have run our “D’oh DUI?” series and we have seen some interesting cases, so far. Whether it’s been a Zamboni, a golf cart, a bicycle, or a horse carriage, the suspects have all been charged with driving under the influence (DUI).
Today’s incident comes to us from Florida, where a call was made about a woman who “appeared out of it” in a vehicle parked at an American Legion shortly after 5PM. According to records, the woman charged with DUI was approached by a St. Lucie County Sheriff’s deputy who attempted to question her. The suspect allegedly handed the office a bag of chips and a water bottle when he asked for identification. When the officer repeated his request the suspect allegedly reached for a bottle of vodka and took a drink.
William E. Smith, of Thomas Law Firm tells us, “This is not a unique situation; there are thousands of these cases every year in Colorado. A DUI charge is often a surprise to the unsuspecting Colorado driver who merely starts their car to stay warm and has no intention of driving their car while intoxicated. Be careful out there.”
Actual physical control of a motor vehicle is treated the same as driving in Colorado. Some of the factors a Colorado jury looks at to determine if you are in actual physical control of a motor vehicle are:
- Where the vehicle was found;
- Where in the vehicle the person was found;
- Whether or not the keys were in the ignition;
- Whether or not the motor vehicle was running;
- Any other fact which tends to indicate that the person exercised bodily influence or direction over a motor vehicle based on your everyday experience.
D’oh DUI?: The Parked Car
Our “D’oh DUI?” the series continues to uncover intriguing cases nationwide, shedding light on the unexpected scenarios that lead to DUI (Driving Under the Influence) charges. Over time, we’ve encountered a range of unusual situations, from DUIs involving Zambonis, golf carts, and bicycles to even horse-drawn carriages. Each of these peculiar cases shares a common thread: individuals facing DUI charges for operating various modes of transportation under the influence. Today, we delve into a recent incident in Florida, highlighting the importance of understanding DUI laws and the concept of “actual physical control” when it comes to motor vehicles.
This latest case unfolds in the sunshine state of Florida, where a concerned call was made about a woman who appeared disoriented while inside a vehicle parked at an American Legion, just shortly after 5 PM. According to records, the woman was subsequently charged with DUI and encountered by a St. Lucie County Sheriff’s deputy, who initiated an attempt to question her. A rather unusual sequence of events followed – the suspect purportedly handed the officer a bag of chips and a water bottle when asked for identification. Astonishingly, upon repeating the request for identification, the suspect allegedly reached for a bottle of vodka and took a sip.
Douglas A. Thomas, a legal expert from Thomas Law Firm, offers insights into this case, stating, “This is not a unique situation; there are thousands of these cases every year in Colorado. A DUI charge is often a surprise to the unsuspecting Colorado driver who merely starts their car to stay warm and has no intention of driving their car while intoxicated. Be careful out there.”
In Colorado, the concept of “actual physical control” of a motor vehicle is treated with the same gravity as actual driving when it comes to DUI cases. Courts and juries in Colorado consider several factors to determine if an individual was in actual physical control of a motor vehicle.
These factors include:
- Where the vehicle was found.
- The person’s location within the vehicle.
- Whether the keys were in the ignition.
- Whether the motor vehicle was running.
- Any other pertinent circumstances that suggest the person exercised bodily influence or control over the motor vehicle, based on common knowledge and experience.
It’s crucial to emphasize that no single factor unequivocally determines whether a person was physically controlling a vehicle. Instead, courts examine the totality of the circumstances to reach a verdict.
In the case of the Florida incident, although the woman was not actively driving the vehicle, she could still be considered to be in “actual physical control.” This determination is due to key factors such as the presence of keys in the ignition and her location within the vehicle. Even if the car was not running, these elements might suffice to warrant a DUI charge.
As we navigate the intricate legal landscape of DUI cases, it becomes evident that understanding the nuances of DUI laws, such as the concept of “actual physical control,” is essential. This knowledge is particularly crucial for individuals who may find themselves facing unexpected DUI charges due to unique circumstances, such as warming up a car without intending to drive while impaired.
In such situations, legal counsel becomes indispensable. Thomas & Ahnell, LLC, is a respected law firm in Colorado, specializing in alcohol and drug-related driving offenses. Their experienced attorneys possess the expertise needed to navigate complex DUI cases and provide guidance to individuals facing legal challenges.
Conclusion
In conclusion, the “D’oh DUI?” the series serves as a reminder that DUI charges can arise unexpectedly, and understanding the intricacies of DUI laws is paramount. When it comes to DUI cases, especially those involving “actual physical control” of a vehicle, having the support and guidance of legal experts like Thomas & Ahnell, LLC, can make a significant difference in protecting your rights and interests. If you or someone you know encounters legal issues related to DUI offenses, reaching out to Thomas & Ahnell, LLC, is a wise and proactive step. Your legal standing deserves the utmost attention and care, and expert legal counsel can help you navigate these challenging situations effectively.
Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.