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I got a DUI in my driveway with NO keys

San Bernardino, CA |

I got a DUI in my driveway not driving!!! and with no keys!!! also the cop didnot sign the ticket is that legal???

Attorney Answers 5


  1. Never mind the missing signature. Obviously, there's more to the story, but the DA may not be able to prove you were driving. They can prove it by circumstantial evidence, but this is one you want to sit down with a criminal defense attorney to discuss the facts and what can be done.


  2. Believe it or not, the act of driving is never necessary.

    Even if NO DRIVING was witnessed by an arresting officer or private citizen — a licensee may be arrested and charged with a DUI. . Intent is irrelevant. A functional vehicle is not even necessary. The only requirement is that the occupant has some theoretical ability to operate the vehicle. This may include having a key in the ignition; the vehicle engine running; the vehicle in gear; sleeping in the vehicle; sitting in the backseat and only starting the vehicle for heat to survive; repairing the vehicle.

    A DUI is possible even where a car is entirely inoperable — a conviction has been upheld for DUI where a man was repairing a car engine with the car up on blocks and the tires off the car — he was drinking while working on the car and would start the engine to check the repair status. Neighbor called because of noise and defendant was arrested for DUI even though the car was inoperable, it could not move one inch and was not a danger to anyone.

    Matt.Wallin@wklaw.com


  3. Lucky you. The best DUI attorney in your area - maybe the state - is Donald Bartell of Riverside.

    Call 951/788-2230 to save yourself.

    He knows San Bernardino courts like no one else, in cases like this.


  4. Lucky you. The best DUI attorney in your area - maybe the state - is Donald Bartell of Riverside.

    Call 951/788-2230 to save yourself.

    He knows San Bernardino courts like no one else, in cases like this.


  5. I would wait until the court date for your arraignment before hiring a lawyer. You may find the D.A. will not even file charges under these facts. If you ARE charged, it should not take the best DUI lawyer in the state to beat it. If you get there and find they HAVE charged you, then just ask the judge for a two week continuance to allow you to hire your own lawyer.

    Just a thought however, if by "NO KEYS" you mean that you didn't have them on you, but the police found them on the grass within throwing distance of the car, for example, then your case is not as good as you paint it.

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