The DUI Defense of No Driving

Posted by James Ferguson | Mar 01, 2021 | 0 Comments

Certain DUI charges can come about while a defendant is outside of a moving vehicle. The idea of being charged with a DUI while not not driving may seem only limited to parked car DUIs. However, if an officer making the charge has probable cause and enough evidence to conclude that a defendant was previously driving a motor vehicle while under the influence of a controlled substance, then a DUI charge can rightly apply. Here is what that scenario may look like:

The Scenario
In this scenario, an officer may first encounter the defendant in a parking lot a few meters away from a parked car. The parked car may still be running and the defendant may be the only one in possession of a key or the only one who could have driven to that particular lot. Here, the officer can conclude that the defendant was driving the car. In addition to this conclusion, a breathalyzer test can also reveal the defendant's illegal Blood Alcohol Content (BAC) levels. Here, the presumption is that it is reasonable to conclude that the defendant is the only person who could have driven the car into the parking lot. Given the defendant's BAC, it is reasonable to conclude that he or she was under the influence when driving the car.

Evidence Needed
The evidence needed to prove this type of DUI includes the results of a blood test or breathalyzer test, in addition to eyewitness testimony and other circumstantial evidence. For example, an eye witness who can attest to seeing the defendant behind the wheel before he or she exited the car may be quite helpful to the prosecution. The BAC levels based on a blood test or a breathalyzer test will determine how long the defendant could have been inebriated, thus including the timeframe an eye witness could have seen the defendant behind the wheel. Needless to say, a case stemming out of this kind of scenario would require some investigation and puzzle-piecing.

In Court Defenses

The defense of No Driving is how a defendant in this instance can counteract evidence presented by the state. This defense can include testimony that would preclude DUI. For example, a defendant proffering a no driving defense would present testimony to show that he or she was in fact not driving. If there is a scenario that involves multiple inebriated parties, if no one admits to being the driver, the case cannot move forward unless there is hard evidence to show otherwise. If the facts cannot link the defendant as the one who was in possession or is the owner of the car, then the no driving defense may suffice. As is evident, there are multiple ways to counter evidence in this scenario given the circumstantial nature of the facts.

Your DUI Attorney
Attorney James Robert Ferguson is an experienced DUI attorney with years of experience defending DUI cases in court. Driving Under the Influence is a serious crime. If you have been charged with DUI, you need an experienced attorney. Attorney Ferguson is well-versed in DUI defense strategies and is ready to take on your unique case. Attorney Ferguson understands the importance of putting the charge behind you and ensuring that you are informed of all possible consequences. Call us now for a consultation.

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


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