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How far off road do you have to be to not be charged of actual physical control/dui of a vehicle that wouldn't start/being towed

Lexington, VA |

Had an accident on motorcycle. Walked back up to where I was due to lack of cell service and zero passing motorists. Had drinks to calm nerves. Witnesses to not drinking prior to accident/drinking post accident. Went to scene 2 hours later to be towed out with someone's vehicle and police arrived while I was steering the bike out of the embankment. Keys in ignition but motorcycle wouldn't run. Witnesses to dead battery as well. I was down far enough that I couldn't put the bike on the kickstand and that it wouldn't come out of the embankment. Preformed FST on downhill slope and blew .12 and .10 after arrest at station. Thanks.

Attorney Answers 2


So were you sitting on Motorcycle? or walking next to it? Regardless, you should fight this case. Prosecutor could have issues establishing driving, drinking prior to driving, BAC level at time of actual driving, etc. Contact an attorney in your area. A case like this takes some work on your attorney's part, but it can pay off if you hire a good DUI attorney

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As long as you can establish the facts stated in your question, you should be able to get acquitted of the DUI charges. I suggest you hire an experienced local criminal defense lawyer. Good Luck

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