Never gamble with a Driving While Intoxicated charge. If you have been drinking alcohol, don’t even go near a car–because you can actually be arrested for driving under the influence even in a parked car, while you are not even driving. If a law enforcement officer sees someone in their parked vehicle, in the driver’s seat, drinking alcohol while the ignition is on, they will have probable cause that you operated a motor vehicle. For this reason, that person may be cited for Driving While Intoxicated and arrested on the spot.
This type of charge occurs often in Nassau County, Long Island. Many people park in beach parking lots or outside of concerts, and falsely assume that since the car isn’t moving, they’d be off the hook for an arrest if they are drinking alcohol. If you have been arrested for drinking in a parked vehicle in New York, it’s important to remember that you have rights. A criminal defense lawyer can help you defend yourself against these charges, and develop a strong case for your defense with as minimal penalties as possible.
In What Situations Can You Be Arrested For Drinking Alcohol In A Parked Vehicle?
As previously mentioned, many people in Nassau County, Long Island are cited for driving under the influence for drinking alcohol in situations like the outside of a concert or at a gathering like a beach or barbecue. These arrests often happen early in the morning or late at night, especially in places like bar and nightclub parking lots. Many people rightfully do not want to drink and drive, so they sleep in their car or rest, whether in a bar parking lot, or a nearby rest stop, fast food restaurant, or other nearby store. However, the law is strict around this action, and even if you rightfully believe that “sleeping it off” is the right thing to do, you can still be arrested in certain situations.
If you have been arrested for Driving While Intoxicated, while either drinking in a parked car or sleeping in one, there are defenses you can take with a lawyer by your side to reduce the imminent penalties you likely face. At the Law Firm of Gianni Karmily, our team will fight aggressively to make sure your side of the story is heard, and that justice is upheld on your behalf at every step of the legal proceedings.
Can I Be Arrested For Drinking And Driving Simply Because My Keys Were In The Ignition?
A parked car doesn’t not necessarily get you off the hook for drinking and driving. Since your keys are in the ignition, it may give a law enforcement official probable cause that you are operating a motor vehicle. You can certainly be arrested for Driving While Intoxicated in New York if your car was parked, but your keys were in the ignition.
In this instance, you may be able to defend yourself against this charge by challenging the evidence in the police officer’s police report. All evidence in a criminal court case can be challenged, and that includes the contents of the police report. The right criminal defense lawyer will be able to analyze and assess the key details of the police report from the day you were arrested, and find any potential area of opportunity for a defense.
How Does A Criminal Defense Attorney Help Me Fight Back Against A DWI Charge?
A Driving While Intoxicated charge can be a serious issue to deal with, as this charge is taken very seriously in the New York courts. If an intoxicated driver gets behind the wheel, and especially if they cause property damage or personal injury to others on the road, the charges and penalties will be even more serious. A conviction could negatively affect you for the rest of your life, and you will need a smart, hard working criminal defense lawyer to help you.
A good Hempstead DWI defense lawyer will review the prosecution’s evidence and find the best way to cast doubt on the state’s case against you. Police report evidence, breathalyzer results and even blood test results are able to be disputed in court, and the arresting police officer’s testimony may be challenged in court.
Any lawyer can defend you against a Driving While Intoxicated charge, but with so much at stake, you must be advised and represented by a lawyer who has considerable experience and a record of success handling driving under the influence cases.
If you have been arrested for Driving While Intoxicated while in a parked car, schedule a consultation with Hempstead criminal defense attorney Gianni Karmily.
