Aug
19

CONSTRUCTIVE ACTUAL, PHYSCIAL CONTROL OF VEHICLE AND DUI DEFENSE-MIAMI, FL- CALL LAW OFFICE OF TROY & SCHWARTZ, LLC 305-279-4740. OFFICES IN MIAMI

CALL NOW- 305-279-4740 TO DISCUSS YOUR LEGAL RIGHTS INVOLVING DUI IN MIAMI, FL- LAW OFFICE OF TROY & SCHWARTZ, LLC (JON D. SCHWARTZ, ESQ.)

In Florida, most people arrested for DUI (driving under the influence of alcohol or drugs) after a police officer observes them driving a vehicle while allegedly impaired. While the DUI crime is called “driving” under the influence, a person in Florida does not actually have to be driving to be arrested and convicted of a DUI charge.  There are two ways to be guilty of DUI, Driving, of course, is one way.  The statute provides for another method.  If a person is in actual, physical control of the vehicle, while impaired from alcohol or drugs, that person can be arrested and convicted of DUI even if the police officer, or anyone else, never sees that person driving.  So, what does actual, physical control of a vehicle mean in Florida?  There have been numerous cases that have discussed situations where a DUI suspect was found in or near his car and whether that constituted actual, physical control sufficient of a DUI conviction.  Some of the factors include how close the suspect is to the driver’s seat, where the keys are located and whether the vehicle is operable.

PLEASE CONTACT US AT:  305-279-4740 FOR YOUR CONSULATION REGARDING YOUR DUI IN MIAMI, FL-  JON D. SCHWARTZ, ESQ.  LAW OFFICE OF TROY & SCHWARTZ, LLC

 

Posted in Uncategorized on August 19,2019 12:08 PM