I was in a driveway in a mobile home park in a stranger's driveway. I found out I was at wrong home when I was attempting to visit a friend. He lived 2-houses up. I knocked on front door & no one answered. I thought he was still at work. I decided to wait for him in car. I went to sleep & next thing I knew the Police was shining a light in my face. The ignition keys were not in the switch when they came. I was arrested & released the next morning on recognized bond.
If the government can prove that you operated a motor vehicle while under the influence of alcohol and/or drugs then yes you COULD be convicted of DUI.
Whether you WILL be convicted depends on a variety of factors including the lawyer you choose to represent you. Don't make a bad situation worse by choosing the wrong lawyer.
It's possible. The state needs to prove you operated a vehicle while under the influence. That can be a difficult task, when they don't actually get you with the keys in the ignition, but not impossible. Lawyer up.
Answers provided by attorney Matt Williams to questions on Avvo DO NOT form an attorney client relationship. Mr. Williams is available to represent persons charged with crimes in Ohio for a fee. Only after Mr. Williams is retained, or agrees to discuss a matter privately, shall Mr. Williams be deemed your attorney. Mr. Williams answers questions on Avvo only to provide general advice based upon the limited information in the question.
Did you give a statement to the arresting officer regarding how you got there? Often it's the statements by clients themselves that get them in the most trouble.
An attorney-client relationship is only created by retaining my legal services. Also, none of my answers to questions on this forum should be considered legal advice.
I agree with fellow counsel to retain an experienced DWI attorney familiar with your jurisdiction NOW. Minute details determine whether you can avoid conviction for DUI. Was the mobile home park on private property? Were the streets controlled by a homeowner's or other private authority? Can the time of driving be proven ie will the owner of the home say what time your car pulled into his driveway? What statements were made to police? What questions were answered? How heavy of a sleeper are you? Did you take any field tests at scene? Is there any other way to keep to keep out any test results? These questions should be resolved by counsel to assist in your defense. Good luck.
I agree with Carleton Penn that there are many issues in your fact situation that an experienced DUI defense attorney may be able to help you exploit. For example, if the mobile home park is considered private property, then you may be able to avoid the results of any BAC test that may have been conducted. Additionally, there may be a challenge to the reasonableness of the police officer's initial contact with you. Did the police observe you or was there an anonymous tip? There are certain constraints on the use of information received from anonymous callers. Work with a lawyer who focuses on DUI defense so that you will be able to explore all of the possible defenses.
It will depend on what statements you made or if there are witnesses who can state you were driving shortly before pulling over to stop.
the information provided above is for information purposes only and you should consult an attorney for specific answers to your case
It appears that there could be a few fact-driven issues in your case. As other responses have stated, the Commonwealth would have to prove that your drove or operated a motor vehicle while in an intoxicated state. You should consult with a qualified DWI attorney immediately to discuss further and address these possible issues and discuss the case generally. Good luck.
It is not clear whether you are saying that your carkeys were not inserted into the keyhole without the ignition being engaged, or were not in the keyhole at all. That is among the numerous items that a qualified lawyer will want to discuss with you. You risk being convicted, and need a qualified lawyer to help reduce the risk of conviction and of a harsh sentence if convicted. All the best to you. Jon
None of my comments on AVVO's website constitute legal advice. It is only food for thought for possible matters to address with a qualified lawyer. The disclaimer page on my website hyperlinked herein applies to all my answers on AVVO.com .
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline