DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
My client was asleep in his parked car after having consumed alcohol. We agreed that the client was probably under the under the influence of alcohol to the extent that his normal faculties were impaired, but vehemently denied that he was in “actual physical control” of his motor vehicle. The arresting officer, a veteran of the BSO DUI Task Force, testified that the car keys were in the ignition, which could have been sufficient facts for the jury to convict my client. The arresting officer testified that instead of rolling down the electrically operated power window, my client opened the driver’s door so he could to speak to the officer after having been woken up.
During my final argument, I argued to the jury that if the keys were truly in the ignition as the arresting officer claimed, then all my client would have had to do to speak to the officer was simply press the button to open the driver’s side power window. Additionally, if the keys were really in the ignition as the arresting officer maintained, when my client opened the car door the deputy sheriff’s carcam audio feature would have recorded the “ding, ding, ding” of door chime alerting him not to forget his keys.