Question
Can I get arrested even if I was only sitting in a parked car with the keys in the ignition?
I had been out drinking downtown and went back to my hotel around 2am. I met a guy who I started talking and he said he could get more liquor, so he drove me to a place where he got out and said he would be right back. After 25 minutes I went out the car and started knocking on the house in front of me then I went and sat down in the car again this time in the driver's seat. After 5 minutes the police came and asked me what I was doing with the keys in the ignition? They asked me if I was driving. I said no, and tried to explain that I was just waiting on this guy who drove me there and left me waiting outside. I was not even driving. Can I still get arrested?LawQA.com Answer Library
Law Office of Thomas F. Mueller | Thomas Mueller
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
You are legally arrested if the officer had probable cause to believe you were driving while intoxicated. There are two legal issues here. One is whether the circumstantial evidence he had at the time of the detention even gives him the right to " detain you ", second whether the evidence he had at the time of the arrest is enough to support the arrest. The courts will look at the following: whose car is it were the keys in the ignityion was there anyone else around that could have been driving ( to that spot ) what you said to the police after you were detained. Whether there was evidence of drinking after the car was parked there.
Answer Applies to: California
Replied: 10/14/2011
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Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Theresa S. Hofmeister
yes, one can get arrested. Whether you are convicted of DUI or anything else is another matter. You should contact a local criminal defense attorney in your area.
Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: THE LAMPEL FIRM
You could be prosecuted, but have a valid defense.
Answer Applies to: California
Replied: 10/14/2011
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Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Martina Vigil
Yes, you can still be arrested. If the DA can prove that you were going to drive or that you had just driven, you may be convicted of Driving Under the Influence. However, the fact that no one actually saw you driving is a very helpful fact in your defense. You should consider hiring an attorney to fight these charges for you.
Answer Applies to: California
Replied: 10/14/2011
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Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Dennis Roberts, a P.C.
The general test is they will feel the hood. If it is warm you get busted unless this guy shows up, hopefully sober, and says he was the driver. Between us, this one sounds like a total lie and that's how a judge and prosecutor will feel.
Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/14/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
Yes you can, and you probably did. You need to find a good lawyer to help you present the no-drive defense. And don't forget about the DMV, which has to be contacted within 10 days to save your license.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
First of all, it is important to understand that anyone can be arrested for anything as long as the officer has a good faith belief that a crime has occurred and you committed it. That does not mean that charged will be filed or that you will be convicted. Anything less than an intentional unreasonable arrest with knowledge that no law was broken is pretty much legal. As to your situation, you need a lawyer. Not only can you be arrested, you can be convicted under these circumstances because you were in control of the vehicle while intoxicated. You should also know that you only have ten days to request a DMV hearing to protect your driver license.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
It takes little to actually get arrested. Proof is another matter.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Offices of Robert L. Driessen
Yes you can get arrested and possibly even convicted if the prosecutor is able to prove that you drove the vehicle. You will need to get an attorney to assist you in this.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
If you are under the influence and are sitting in the drivers seat with the keys in the ignition there is a legal rebuttable assumption that you drove the car to that spot during the time you were under the influence. Yes you can be issued a citation and be taken into custody with your facts. All is not lost; if you can prove the assumption is false you will not be convicted. There are other defenses in your case. To find out all your options consult with an attorney.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Michael Bialys THE DUI MAN
You do have a valid DUI defense, if no one witnessed or can isolate your driving.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Dan Bacal
If the prosecution cannot prove by direct or circumstantial evidence that you were driving the car, which requires some movement of the vehicle, you are not guilty of DUI. But consult with an attorney promptly regarding your rights.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/13/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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