Defining Driving in Mecklenburg County DUI Cases

The definition of driving in the context of Mecklenburg County DUI cases does not necessarily fit within the common-sense definition of driving. In fact, driving can be defined as simply having the key in the ignition, even if nothing in the car is engaged. Just the key in the ignition constitutes driving under Virginia and Mecklenburg County Law.

Call today if you have any questions about defining driving in Mecklenburg County cases and how an attorney could help you. Reach out to an experienced DUI lawyer today.

When it is Not Clear Who is Driving

There are cases in which it is not clear who the driver of the vehicle was. If law enforcement does not arrive on the scene of a suspected DUI until everyone has exited the vehicle, it is possible that a passenger could be charged with DUI if the passenger is accused by the driver, by other witnesses, or incriminated by statements made to law enforcement. Those statements may indicate to an officer that their knowledge of what happened indicates they were the driver. It is crucial for a person to consider their rights in any interaction they have with law enforcement.

Where Can an Individual be Arrested for DUI Other Than the Road?

A person could be arrested for a DUI in parking lots, including for apartments or restaurants, and any place that is adjacent to a public road. In certain circumstances, that even includes the driver’s own driveway.

Law Enforcement Patrols Parking Lots Near Bars and Restaurants

Law enforcement often patrols areas around restaurants and bars, especially on weekends and holidays, looking for drivers who are possibly intoxicated. Mecklenburg County law enforcement occasionally does road-side checkpoints in which they are checking the license of everyone who passes and if there are indications of impairment, they will arrest drivers and charge them with DUI at those checkpoints.

Proving the Defendant Was Driving

The prosecution can prove driving in several ways, including from law enforcement’s observation that the driver was traveling in the vehicle, or the accused was in the vehicle and the key was in the ignition. In addition, law enforcement or the prosecution could use the testimony of witnesses to prove driving or statements that the accused made to law enforcement at the time. That could be contested in court by confronting the witnesses and using facts that the accused provided to the attorney that would tend to rebut the evidence against them.

Call a Mecklenburg County Lawyer Today

Defining driving in Mecklenburg County DUI cases is critical to a conviction. If the prosecution cannot prove beyond a reasonable doubt that the defendant was operating the vehicle and was under the influence of drugs or alcohol while doing so, they cannot secure a conviction. If you have been charged with a DUI, you should reach out to an experienced lawyer today. A dedicated attorney could advocate for you and possibly help you get a favorable outcome to your case. Call today and set up a consultation.

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