Pulled over because I realized I had too much to drink but still got arrested for DUI.

Sean (Guest) on Wednesday, October 10 2012, 09:19 AM
I went out for drinks in Duxbury with a buddy last weekend. I left the bar to head home when I decided I had too much to drink, so I pulled over into a parking lot. I couldn’t get in touch with anyone to give me a ride home, so I sat and fell asleep. I awoke to a police office rapping on the window, he smells alcohol and ends up arresting me for DUI. Can he do that as I wasn’t even driving?
1 response Add Yours
       
  •  
    Replied by Attorney James Milligan on Tuesday, October 16 2012, 11:35 AM · Hide · #1
    As long as the vehicle was running, the law considers that to be operation, that is, if you engage any mechanism within the vehicle which alone or in sequence may tend to set the vehicle in motion. There may be some issues with the location where you parked your vehicle on whether it is a public way. I would like to know more about the encounter with the police officer. For a free consultation please feel free to give me a call at your convenience.
Your Response
Please login first in order for you to submit comments

Top Massachusetts Attorneys Ready To Answer Your Questions

1
Attorney Tracy Fischer
Attorney Tracy Fischer
Divorce, Family Law, Mediation
2
Attorney Damian Riddle
Attorney Damian Riddle
Criminal Defense, Family Law, Drunk Driving
3
Attorney David Rubin
Attorney David Rubin
Divorce, Personal Injury
4
Attorney Bill Keller
Attorney Bill Keller
Real Estate, Personal Injury
5
Attorney Ann Trehub
Attorney Ann Trehub
Personal Injury
6
Attorney Howard Goldman
Attorney Howard Goldman
Business Law, Trial & Litigation, Real Estate
7
Attorney Amy Beth Baron
Attorney Amy Beth Baron
Divorce, Family Law, Mediation
8
Attorney Cameron Pease
Attorney Cameron Pease
Business Law, Trial & Litigation, Real Estate
9
Attorney Larry Krasnow
Attorney Larry Krasnow
Trial & Litigation, Personal Injury, Elder Law
10
Attorney Steven Houde
Attorney Steven Houde
Personal Injury
11
The Editor
The Editor
Divorce, Bankruptcy, Estate Planning, Business Law, Trial & Litigation, Criminal Defense, Family Law, Tax Law
12
Attorney Jake Walters
Attorney Jake Walters
Business Law, Real Estate
13
Attorney Allan Baron
Attorney Allan Baron
Estate Planning, Real Estate, Elder Law
14
Attorney Marco Schiavo
Attorney Marco Schiavo
Bankruptcy, Business Law, Real Estate
15
Attorney Bill Mayer
Attorney Bill Mayer
Divorce, Trial & Litigation, Family Law
16
Attorney Peter Paulousky
Attorney Peter Paulousky
Trial & Litigation, Criminal Defense, Drunk Driving
17
Attorney David Beliveau
Attorney David Beliveau
Estate Planning, Business Law, Real Estate
18
Attorney Steven Boris
Attorney Steven Boris
Trial & Litigation, Personal Injury
19
Attorney Kevin Leeper
Attorney Kevin Leeper
Family Law, Immigration
20
Attorney Michael Doherty
Attorney Michael Doherty
Business Law, Trial & Litigation, Family Law