If you are lawfully parked, that is one thing.  If you’re vehicle is moving, that’s another.

If you are tired after drinking but still have to get home, please find another way, San Diego DUI attorneys warn.  If you can’t get a friend or loved one to drive, try public or private transportation. Ever hear of Uber?

You do not want to fall asleep while driving.  That’s an easy way of being arrested for a San Diego DUI.

“Driving” is still has to be proven in San Diego DUI cases, lawyers remind. The police must be able to present  competent evidence of actual volitional movement of vehicle in order to convict for a San Diego DUI.  This article shows some of the possibilities of being able to – vs. not being to prove – driving in a Drunk Driving case in San Diego.

The man who killed Osama Bin Laden was charged for DUI even though he was sleeping in a running vehicle.  Robert O’Neill was prescribed sleep aid to help him with severe insomnia.

If you have had too much, do not drive.  One San Diego DUI arrest is a good example.  A driver was found unconscious in the slow lane on northbound 805 near Clairemont Mesa Blvd just before 1:00 a.m. She must have passed out.  A California Highway Patrolman smashed her vehicles window, got inside and stopped the rolling vehicle.  The officer ran along side the vehicle with his flashlight.  He woke her by tapping on the window but the vehicle kept going.  She could not stop it.  He as able to stop it and get her out.  She had a liquor bottle in the vehicle and was arrested for San Diego DUI.  Bail was set at $2,500.00.

 

 

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