In Alexandria, the definition of what exactly constitutes driving for purposes of a DUI, can play a major role in the way that a case is decided. People are sometimes surprised to discover what actions count as driving, or operating a motor vehicle, and so can be caught of guard by DUI charges for actions that they thought were safe and responsible. A person may be charged for a DUI while sitting in a stopped car, for example, even when the car is in a parking lot. Anyone who has received DUI charges under circumstances such as these should consult with an Alexandria DUI lawyer as soon as possible in order to understand their charges, and determine if there is any way that the validity and legitimacy of the charges can be contested.
For DUI, the term “driving” is something that the court has discussed and interpreted over many years in Alexandria and in Virginia as a whole. Many cases that have come down through the courts of Virginia have attempted to define what exactly “driving” in the context of DUI means. The legal definition of driving, when used in the context of a DUI, is not the same as the general definition of driving. It is possible for a person to be charged with a DUI, if they are determined to be under the influence and simply sitting in their car while the lights or radio or some other mechanical device is on.
“Driving” can mean any number of things, including; being in a vehicle with the keys in the ignition and somehow the vehicle is determined to be under the individual’s control, or actually putting the vehicle in motion going down the street.
A person does not have to be driving on the road to be arrested, they can be arrested for DUI if they are in a parking lot or even if they are in their own driveway. This is not only a possibility, it actually happens often in Alexandria. As long as it can be determined that the vehicle was somehow under the person’s control while they were under the influence, regardless of whether they were simply sitting in a parking lot or driving on the highway, they can be charged with a DUI.
The purpose of law enforcement patrols in Alexandria is to keep the community safe. In Alexandria, law enforcement officers tend to patrol parking lots and places where they are aware that people might drink and then watch them carefully for behavior that might indicate a DUI.
The prosecution has to prove driving in a DUI court case, but driving is often contested. Whether or not some kind of action was considered to be driving, or whether or not the person who is accused of the DUI was actually the driver, is something that is fought every single day in court.
This can be a confusing situation. If there is probable cause to consider that the passenger was actually the driver, then it is possible that the passenger can be charged with the DUI.
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