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

Top Massachusetts Attorneys Ready To Answer Your Questions

1
Attorney Alan Fanger
Attorney Alan Fanger
Trial & Litigation, Wills & Probate
2
Attorney Margaret Cross-Beliveau
Attorney Margaret Cross-Beliveau
Estate Planning, Elder Law, Wills & Probate
3
4
Attorney David Jensen
Attorney David Jensen
Estate Planning, Real Estate
5
Attorney Edward Cannon
Attorney Edward Cannon
Business Law, Real Estate
6
Attorney Stephen Morte
Attorney Stephen Morte
Divorce, Criminal Defense, Personal Injury
7
Attorney Austin Joyce
Attorney Austin Joyce
Trial & Litigation, Personal Injury
8
Attorney Joseph Leone
Attorney Joseph Leone
Divorce, Criminal Defense, Family Law
9
Attorney Michael Akerson
Attorney Michael Akerson
Business Law, Employment Law, Trial & Litigation
10
Attorney Craig Ciechanowski
Attorney Craig Ciechanowski
Business Law, Trial & Litigation, Real Estate
11
Attorney Jack Merrill
Attorney Jack Merrill
Employment Law
12
Attorney Bruce Watson
Attorney Bruce Watson
Divorce, Criminal Defense
13
Attorney Chesley Oriel
Attorney Chesley Oriel
Business Law, Real Estate
14
Attorney Kenneth Simmons
Attorney Kenneth Simmons
Estate Planning, Elder Law
15
Attorney Liam Floyd
Attorney Liam Floyd
Trial & Litigation, Personal Injury
16
Attorney Tracy Fischer
Attorney Tracy Fischer
Divorce, Family Law, Mediation
17
Attorney Damian Riddle
Attorney Damian Riddle
Criminal Defense, Family Law, Drunk Driving
18
Attorney David Rubin
Attorney David Rubin
Divorce, Personal Injury
19
Attorney Bill Keller
Attorney Bill Keller
Real Estate, Personal Injury
20
Attorney Ann Trehub
Attorney Ann Trehub
Personal Injury