Sleeping is a great defense as long as there’s no moving
Published February 19th, 2007 in Uncategorized|
A St. Petersburg Florida police officer was arrested for DUI Sunday morning February 18, 2007while off duty Officer Steven J. Pugh was arrested around 2 a.m. Saturday. He was found sleeping behind the wheel of his parked personal car around the 5400 bolck of Shore Blvd. in Gulfport, Florida. Pugh contends that he had been drinking at a party when he went to his truck, turned on the engine and the heater and went to sleep. |
DUI in Georgia can be charged as Driving or being in actual physical control of a moving vehicle. Lack of Driving or Failure to Move is a great defense. Police often assume vehicle occupants drove while impaired to whereever they are parked. Unless the vehicle is on the side of a long strecht of abandoned road or in a Krystal (White Castle for you westerners) drive thru, there is not a very good inference of driving. Additionally, the driver is doing the right thing by parking and sleeping it off. I have won many jury trials using this defense. They always provide lots of reasonable doubt.
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