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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Parked due Florida : I am consulting : pulled off the road

Customer Question

Hi, parked due Florida
JA: The Criminal Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I am consulting
JA: Please give me a bit more information, so we can help you best.
Customer: pulled off the road because intoxicated, pulled onto a side road and parked, police walked up and eventually arrested me for due
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: a few days ago in Florida
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: not really, I also had a flat tire, but that was aside of the main issue
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What exactly are you asking about this? For example, are you wanting to know whether the police can arrest for DUI even if you were not driving at the time?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
are you wanting to know whether the police can arrest for DUI even if you were not driving at the time?Yes
Expert:  Ely replied 1 year ago.

Thank you.

Unfortunately, the answer is yes. You were behind the wheel in the middle of the road, even if pulled over. The courts have ruled that the police can infer that you drove there/were driving in an intoxicated state even if you were standing still with your engine turned off.

However, then, someone in your situation has an defense and can argue that you drank while in the vehicle but off the side of the road. Whether or not this is something that that the Jury will believe (if this gets to trial), is up to them to decide.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.