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Law91, Defense Lawyer
Category: Criminal Law
Satisfied Customers: 64
Experience:  I have practiced criminal law for 21 years.
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I recently got arrested for DWI in richardson, TX. The conditions

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I recently got arrested for DWI in richardson, TX. The conditions in which they found me is what bothers and worries me.
-I was parked in a parking lot outside of a night club.
-My vehicle was on but i was sitting in the back seat on the right side, asleep.
-The outside temperature that night was 32 degrees which is why my car was on
-I had no drinks in my vehicle
-I passed the field sobriety test but i did fail the breath test once i arrived at the jail
-I cooperated with the officer the whole time and was polite during the whole process..
-i did not stumble, fall or have slurred speech while i was being investigated for why i was where i was.
My career is my i wrong for trying to sleep it off in my car before driving home, is this a typical case that is usually dismissed. i wonder now why the officer didnt just let me call someone to come pick me up instead of taking me to jail.
note: when i was taken to jail the officer told me she was not going to tow my car so im guessing i was legally parked in an area where i could park. and when i was bailed the next morning my car was still there.
did the officer also have the right to pull me out of my car for doing anything wrong at all?
-this is my first and hopefully last dwi i will ever see. my driving record is clean and i have no criminal background. i have a career and reputation to hold up to so i avoid situations like these but that night was just not my night...thanks for any help.

Law91 :

Hello. I am a licensed attorney with 21 years experience, and I will help with your question today.

Law91 :

I see that you are offline. I will switch to q & a and await your return. Meanwhile, I will research your question.

In general, you are operating the vehicle if you are in the vehicle and the key is in the ignition. However, in your case, there is no evidence of bad driving, or when you last drove, or when you took a drink. You were in a "public vehicular area" which includes parking lots, and in which you can be charged with impaired driving. However, you do have evidence in your favor as I mentioned. Your clean driving record will also be of great benefit to you.

I hope this information is helpful. Please send me any follow up questions, and please rate my service today so that I will receive credit. Thanks for using JA!
Law91 and 3 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
okay, in your experience does this case possibly sound like it could be dismissed? Also did the officer have a legal right to pull me out of the car for any reason. It's just I want to keep my record clean and it just feel like I did nothing wrong.
You do have a good chance of having the case dismissed, or being found not guilty. Being in a parking lot, they did have some right to make an inquiry into your situation. They only charged you because the car was running. You may have had a designated driver that left you there, or simply went somewhere for a few minutes. They cannot prove otherwise.
Customer: replied 4 years ago.
Thanks for your knowledge and advice. One last question. What can I expect as far as attorney fees for something like this. I know it can vary but from your experience and cases what should I expect to see..
In my state, between $750 and $2500.

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