Sitting in Your Car Charging a Cell Phone.

Oct 09, 2013

OUTCOME: I ultimately got the charges dismissed because the DA would not have been able to prove a present intent to drive.

Here was a case where a client of mine was drinking in a restaurant. She had no intentions of driving home. So she called for a ride. Her cell phone was becoming rundown and it was cold outside. So ... she sat in her car with the phone on the charger with the car running. The Police showed up and charged her with 1192.2, and 1192.3, "Drunk Driving"