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"Driving" in California


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11/17/2008
Anders Johnson
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An issue that comes up in California DUI cases is whether a person was "driving" under the influence.  One can be arrested for DUI even if the car is off, and no one saw the car moving.  How?  That the car was moving is one issue.  Another issue is "control" of the vehicle.  If you have the keys to the vehicle, you are in control of the vehicle.  Even if you are sleeping in the car.

It's not a sure fire conviction, but it raises issues that require a good DUI attorney to combat.  Don't assume you are safe if the car is off, and you're not driving it on the road.



Category: General

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