The definition of "driving" or "operating" a motor vehicle may seem obvious and universal, hut it has many diverse legal variations once attorneys, judges, and legislators step into the debate. As a result, the definition of "driving" or "operating" varies across each state jurisdiction. F The terms "driving" and "operating" will be used interchangeably. In general, legally there are two distinct definitions of driving-a simple definition that applies to non-DUI driving offenses, and a strict definition for DUI charges. For example, driving under suspension (non-DUI offense) requires a vehicle to be moving at the time of the police stop. In contrast, driving under the influence (DUI offense) does not require a vehicle to be moving or even running. A few examples will best illustrate this point. In one case, a guy drove into a ditch and the car was so far buried within the snow bank that it took two tow trucks to pull it out. When the police arrived, the driver was resting in the passenger seat with the engine running to stay warm. The driver was charged with OWI because he had sufficient actual physical control over the vehicle that it was considered driving. The fact that the car was immovable was irrelevant. In such cases, the person will have to get help from the Baton Rouge DWI lawyer.
In another case, a man was repairing a vehicle engine in an apartment parking lot. The car was on blocks and without tires. While working, IK was consuming alcohol. Every once and a while the started the car to check the engine repairs. An unhappy neighbor called the police about a noise problem. The car was inoperable. It can not move even an inch and was not a risk to anybody. Nevertheless, when the police arrived, the man was arrested for DWI.
Each of these examples does not necessarily mean that a DUI charge will be filed; instead, a DUI charge could be filed. It does not mean that a DUI conviction will occur; instead, a DUI charge could be dismissed, reduced to another lesser charge, or end in an acquittal. The only problem is that the defendant will need to spend a ton of money defending the case. The purpose of this book is to make sure motorists place themselves in the best possible position to avoid being charged with DUI. Any expense incurred, from arrest through acquittal, is an expense to avoid. By avoiding all the situational pitfalls, a motorist can prevent a DUI arrest. Make sure to hire a reputed and experienced Baton Rouge DWI lawyer.
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