| Sleeping is a great defense as long as there’s no moving |
| Monday, 19 February 2007 | |
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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. For more information on a Georgia DUI defense by a qualifed DUI Lawyer click here. |
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