Former State Prosecutor
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Driving under the influence cases often are complex and can be overwhelming. However, when a person is arrested for an actual physical control DUI, the situation can be more confusing. Actual physical control arrests can occur when a person is intoxicated and has control of his or her vehicle.
This means a person does not have to be driving to be arrested for a DUI. This can create complications in the case, and often times an attorney can argue to have your charges reduced or dropped. Building a strong defense could make a difference in your DUI case.
If you have been arrested for driving under the influence and believe your case involves issues around actual physical control of the vehicle, contact a St. Petersburg actual physical control DUI defense lawyer at Morris Law Firm, P.A..
The legal team at Morris Law Firm, P.A. has years of experience handling complicated DUI cases. Attorney Melinda Morris served on the DUI Manslaughter / Vehicular Homicide squad as a state attorney and was responsible for prosecuting very serious cases from investigation through trial. She understands how the prosecution works and knows what it takes to get a favorable outcome in each case.
Morris Law Firm, P.A. represents clients in the Tampa Bay Area, including those in St. Petersburg, Clearwater, Pinellas County, Tampa, Hillsborough County and other surrounding counties. Call (727) 388-4736 to schedule a free consultation and discuss your unique situation.
Actual physical control in DUI cases means a person was physically in or on the vehicle and had the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time or if the vehicle even was turned on.
For instance, if a person who had been drinking sits in the front seat of his or her vehicle with the keys in hand, he or she still could be considered in actual physical control of the vehicle. It could be argued he or she planned to drive or was capable of starting the vehicle.
In some cases, even if the person was sleeping in the back seat of the vehicle with the keys, he or she still could be considered in actual physical control of the vehicle. Additionally, law enforcement and prosecutors still could argue a person was in control of the vehicle even if the keys were located outside of it.
To be convicted of driving under the influence of alcohol or drugged driving, three elements must be proven by the prosecutor:
If the person was not physically driving the vehicle, actual physical control is an extremely important element necessary for a DUI conviction. The prosecutor must prove the driver was in actual physical Control of the vehicle to successfully prove DUI.
Three factors are typically relied on when a police officer or prosecutor is attempting to establish actual physical control of a vehicle. These factors include:
Drivers not aware of the elements of actual physical control incorrectly assume that in order to be arrested for DUI they must be actually driving the vehicle. However, in Florida, you can be arrested for simply being in actual physical control of your vehicle while under the influence.
This means if you are sitting in your parked car attempting to sleep off the effects of a night of drinking, even if the car is turned off and in park, you still can be arrested for DUI. Even placing the keys outside the car does not save you from being in actual physical control of the vehicle and charged with DUI. Thus, the often repeated adage that you can put the keys on the roof of the car and sleep it off in the passenger’s seat will not work.
Further, although it is widely thought the vehicle must be operable to establish actual physical control, there have been cases where the vehicle was not operable at the time of the law enforcement investigation and the person has still been arrested for DUI.
For example, if the vehicle has a flat tire or the battery has died, the vehicle is technically inoperable at the time of the investigation, yet courts have held the driver can still be found in actual physical control based on circumstantial evidence that the vehicle somehow got to that location when it was operable.
However, if a vehicle was missing all four tires or suffered some mechanical defect that rendered it completely immobile rather than temporarily immovable, that distinction is important and would likely constitute an inoperable vehicle. That likely would not lead to actual physical control being met as an element for a DUI conviction.
Because actual physical control DUI cases involve numerous questions of fact, which are frequently open to interpretation, they are often successful in getting acquitted by a jury. Thus, hiring an experienced DUI lawyer is of the utmost importance and can make all the difference in your DUI case.
Some possible defenses that could have your charges reduced or dropped include:
If you have been arrested for DUI and believe that your case involves issues of actual physical control, contact a St. Petersburg DUI attorney at Morris Law Firm, P.A. to discuss possible defenses that may exist in your case. Call (727) 388-4736 to discuss your case directly with an attorney or fill out our online form to be contacted for a free initial consultation.
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