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Can a person be charged with DUI if the person wasn't even driving the car
Fayetteville, NC
Viewed 527 times.
Posted about 1 year ago in DUI / DWI
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DUI out of the car:
So, a few months back I had driven my room mates car to jump a friends car at a gas station. We ended up leaving my roomies car there and going to for the night. After all was done we came back to my car and the person who wasn't drinking drove my car to the apartment building that I was staying at, but just enough so that my gf wouldn't see I left. So I turned the car off and coasted it into a parking spot. When I got out I started walking toward my building and saw her and two officers at the door. So I had to do a field sobriety with the one-leg up and hand on nose deal. I got to 6 Mississippi but Ive never been good at balancing. Turns out my gf called because I wasn't answering my phone (it had died) and they charged me with a DUI. I have a lawyer but am wondering the chances of really fighing this. I have a past DUI 3 years ago thats still pending.
Additional information
Once at the police station I had to redo the breathalyzer because the officer messed up or the machine wasn't working properly. I'm trying to get all this taken care of asap so I can go into the service. Answers (3)
James C Forslund
This attorney is licensed in Colorado.
Posted about 1 year ago.
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A jury would have to decide if you were operating a motor vehicle under your state law. I would take the case to trial in Colorado.
Patricia Elizabeth Fox
This attorney is licensed in California.
Posted about 1 year ago.
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Listen to your lawyer. He or she will know how to attack the test results.
Good luck and let us know how it goes. 
Paul Brian Kennedy
This attorney is licensed in Texas.
Posted 6 months ago.
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The key test in most states is was the person "operating" the car. Operating can mean anything from actually driving to sleeping with the car in gear. The police must have evidence (other than your admission) that you were operating the car -- this is met if the officer saw you behind the wheel, if the officer saw you get out of the car or if anyone else told the police they saw you behind the wheel of the car.
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