A Police Officer on patrol noticed a suspicious vehicle parked behind a bar that had closed for the night. The Officer investigated the car further and found the driver slumped over the steering wheel, passed out. The Officer banged on the car window for several minutes before the driver finally awoke. The Driver acted confused and unaware of his surroundings.
The Officer asked the driver to exit his car to discuss the situation. The confused Driver panicked. He started struggling with the car door and screaming, "I do not know how!" "I do not know how!" The Officer had to assist the driver with directions on how to open the car door and exit his vehicle. The dazed Suspect climbed out of the front seat using the door frame for support. The Officer immediately smelled alcohol seething from him.
The Driver also had watery eyes, slurred speech, unsteady balance and obvious confusion. The Officer questioned the Suspect on his alcohol consumption during the evening. The Driver confessed that he had 7 or 8 beers inside the bar. The Driver refused to participate in any Field Sobriety Exercises and refused to submit to a Breathalyzer Test. The Suspect was subsequently arrested and charged with DUI.
A driver does not have to be "driving" a vehicle to be charged with DUI. In the case above, the suspect had plans to sleep off his 7 or 8 beers in the car rather than driving home. The suspect's plan backfired. Pursuant to Florida Statute 316.193, an individual may be charged with the crime of DUI if that individual is in actual, physical control of a vehicle. The Officer considered the dozing driver to be in actual, physical control of his vehicle; especially since the suspect was sleeping behind the steering wheel with his car keys in his pocket. The suspect might have been better off snoozing in the backseat rather than the front.
The DUI Defendant retained Musca Law Firm to defend the charges against him. The Defense entered into heated negotiations with the Prosecution over the Client's fate. The Defense Attorney subpoenaed witnesses from the bar to testify the Client's true intentions of not driving home. The Attorney believed in the Client's innocence and prepared to move forward with trial. The Prosecution recognized the commitment of the Defense and offered a generous plea deal. The Client entered a plea to a lesser charge and did not receive a DUI conviction.
The Client did not have points assessed to his license or face the heavy consequences of the conviction of DUI.
