If i am sleeping in a car in PA with my keys in my pocket and not behind the wheel will I or can I be charged with DUI
Country relating to Question: United States
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.You ask a good questionIf i am sleeping in a car in PA with my keys in my pocket and not behind the wheel will I or can I be charged with DUIAnd I am sorry to be the one to have to bear bad news.The answer is yes. You can. The reason lies with how the criminal process works. In order to charge a case, police need only have "reasonable grounds" to believe a crime had been committed and that the person to be charged actually was responsible. So in PA, "reasonable grounds" is the standard to charge a crime. That allows a charge.Now...to gain a conviction requires a much higher standard of proof. To convict the state must prove, "beyond a reasonable doubt", that the crime was committed and the person charged was guilty of the crime.And if they (the state) do not have strong evidence that the person charged committed a crime, they will likely have a tough time gaining a conviction.But they can change. And they can gain a conviction.If you take a look at This Case you see a recent PA court opinion that is on point. Please let me know if you have more questions, if not please accept / rate the question so I get credit for my work.
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