Los Angeles Parked Car DUI

Los Angeles DUI Attorney

Parked Car DUIIn California, driving under the influence is a criminal offense that can result in a conviction and a driver’s license suspension. One of the key elements of this offense is that the defendant was actually driving a vehicle. However, in many DUI prosecutions there may not be direct evidence that the defendant was driving at all. In some cases, the defendant may be arrested and charged with DUI while in a parked vehicle. Many drivers ask whether or not they can be charged with a DUI offense while in a parked vehicle.

While some states can convict a driver of DUI for merely exercising control over a vehicle, California has a higher standard and requires proof that the defendant was actually driving before he or she can be convicted of DUI. This means that a driver simply sitting in the driver’s seat of a parked vehicle will not be considered driving, even if he or she has the keys in the ignition and the car turned on. In other states, this could be enough to charge a defendant with DUI. Under the Mercer v. Department of Motor Vehicles decision, there must be proof of volitional movement in order for a defendant to be convicted of a DUI offense.

This does not mean that an officer or other witness must actually observe someone driving in order for that person to be criminally liable. In many cases, an officer will establish that the defendant was driving through circumstantial evidence. In some cases, the officer will respond to an accident in which the DUI suspect was driving and will establish through witness statements, physical examinations of the collision scene and even the suspect’s own admission that he or she was driving the vehicle at the time of the collision. In other cases, a driver may be passed out in the middle of an intersection or at a restaurant drive-through line. In these cases, the officer may determine that the suspect had been driving under the influence. Other circumstantial evidence used to show that a person was driving include evidence of a warm engine, warm tires, keys in the ignition, a transmission in drive and the lack of an alternative driver or credible explanation from the suspect.

In some cases, the police may observe a person who appears intoxicated and watch them get into his or her vehicle. The police will wait for the driver to start the vehicle and begin to drive away and will then immediately pull the driver over based on the officer’s observations of the driver before getting into the car. The officer does not have to wait until a driver is on the road and endangering others before he or she can perform a vehicle stop.

In some cases, prosecutors and judges may treat a DUI driver who was stopped in a parked vehicle less harshly than a driver who was exhibiting dangerous driving conduct while on the road. However, prosecutors and judges are very concerned with drivers who may have passed out while under the influence as these drivers can potentially be extremely hazardous to others on the road. These defendants may be treated more harshly.

If you have been charged with a DUI offense and do not believe that you were actually driving at the time of the incident, it is critical that you speak with a Los Angeles DUI Lawyer as soon as possible. Los Angeles DUI Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how to effectively argue DUI defenses both in court and before the DMV.

For more information about Los Angeles parked car DUI, and to schedule your free consultation, contact Los Angeles DUI Lawyer Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1480, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan Thomas
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel Lepervanche
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.