Is It True You Can Be Arrested For DUI Even If You Were Sitting In A Stationary Vehicle?
19 August 2017
When a person is arrested for a DUI, it's typically because they were driving a vehicle while under the influence of drugs or alcohol. In some cases, though, you can be picked up for DUI even if the vehicle is stationary and you're sitting in the driver's seat. Here's this unfortunate turn of events can come about.
Many states have gotten fairly aggressive about stopping people from driving while intoxicated and expanded DUI laws to let officers also arrest people who appear to be in control of a vehicle while under the influence, even if that vehicle is not moving or turned on.
Four Elements You Need To Prove To Succeed With A Necessity Defense For A DUI
16 August 2017
If you have been accused of driving under the influence, don't assume that the only way to defend yourself is to prove that you didn't do it (you weren't intoxicated). There are defenses that may get you off the hook without denying your intoxication; these are called affirmative defenses.
Necessity is a classic example of an affirmative defense. By invoking this defense, you are basically saying that you had no choice to drive; otherwise, you would have faced a greater evil.