First, consult with a local FL DUI lawyer, I am licensed in FL, NY, NJ, and PA but limit my DWI practice to NYS.
In Florida, the state must prove you were in actual physical control. You do not have to be driving the car to be charged with DUI. Being asleep in a parked vehicle can be a basis for a DUI prosecution.
Under Florida DUI law, “Actual physical control” is defined as being in or on a vehicle AND having the present capability to operate the vehicle.
The question: Because you were in the car, with the keys on your lap, you could have had the capability to operate the vehicle?
Lawrence (Larry) Newman, D.C., J.D. Attorney at Law Doctor of Chiropractic Licensed in NY, PA, NJ, & FL http://www.ithacainjurylawyer.com http://www.ithacadwi.com The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Dr. Newman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
You are correct that the police needed some reason but they do not have to witness any bad driving.
If they got a such a call, whether or not justified, it was within reason to approach your car and talk to you. If they gathered sufficient evidence to give probable cause, you can be charged.
You need a good dui/dwi lawyer, now. Any wait can mean you lose your license even if the charges against you are eventually found to be without merit.
Confidential information should not be disclosed in this Internet forum. This answer is not legal advice, which requires a personal connection and far more facts. This attorney does not give legal advice over the Internet. This is a general statement about law, not advice.
Yes. But being arrested and getting convicted are not the same. Hire an attorney to fight the charge.
David R. Damore, Esq., Damore, Delgado, Romanik & Rawlins, Daytona Beach, FL, (386) 255-1400. Mr. Damore is a former Volusia and Broward County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.
You need a lawyer. And get one before your 10 day ticket allowing you to drive is up. Whoever you hire needs to have an administrative review hearing with DHSMV. Your case centers around the stop and who called it in. Make sure whoever you hire understands that issue.
My answer is going to be different than the other above lawyers answers. First to justify a traffic stop the stopping officer would've had to observe a basis, reasonable articuable suspicion, for that stop. However that's not what happened in your case. The state is going to argue that the law-enforcement officers contact with you was "a citizens contact". What this means is if a law-enforcement officer can approach a citizen like yourself in a car and begin a conversation. If during that citizens contact that law-enforcement officer develops probable cause for an investigation i.e. odor of alcohol on your breath,bloodshot watery eyes,you in the driver seat, keys near your ready reach or in the ignition they can begin a valid DUI investigation. The allegation of an anonymous tip that you were driving poorly prior to getting to Walgreens may not have any issue or bearing on your case. You do need an experienced DUI attorney to help you through this process because in my opinion a motion to suppress is warranted and may be granted based upon the facts. However the fact basis you provided is insufficient for me to give you an exact or accurate determination of the outcome of your case.
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