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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27615
Experience:  10+ years defending Misdemeanor and Felony cases.
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I live way out in the country and tried to turn around in a

Customer Question

I live way out in the country and tried to turn around in a fielld but was stuck. So i got out and walked home, waiting for my husband to get home. Meantime I was pretty upset and started drinking. I got worried about my vehicle and walked down the road trying to see if it was locked. it was so dark that I could not find it and walked clear by it. I was disoriented. Finally I became exausted and fell over and started having seizures. The ambulance got there (someone passed by and saw me) took me to the hospital where they gave me a bac test as well as pumped me up with adivan for the seizures. QUESTION... Can I be charged with DWI even though i was found miles away from the vehicle?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.
Based upon the facts you stated, it does not appear they are going to have a good faith basis to charged you with that crime. A key element is driving and that means being in actual or physical control of the vehicle. If you were not driving nor even in the car, there is no way for them to prove you were driving. Moreover, there would be no way of proving you were impaired at the time either. As such, it does not appear they could charge you with this crime. If they do , you certainly want to retain an attorney to fight this

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