Charged With DUI While Parked and Asleep, Keys in the Trunk

[Gladiator44]

My question involves criminal law for the state of: Michigan. A friend of mine was recently arrested for an owi while sleeping in his vehicle after running out of gas. He had a few drinks and left the bar intending to go to a girlfriends home prior to arriving ran out of gas. Got out of his car n decided to find the nearest hotel to stay at due to the fact he was unfamiliar with the area while walking proceeded to consume a pint he had planned on sharing with the female (didn't call for a ride due to an inactive phone) after time realized he was on a desolate road and didn't feel comfortable continuing the quest therefore returned to his car (out of gas) placed his keys in the trunk and went to sleep. About 2 hours later was walked by police and dazed not knowing the time or why they were there quickly agreed to a breathalizer. Blew a 1.2 and was taken to jail for an owi police were unable to locate the keys as well as the tow company. Was not read his rights and is now facing an owi. Is there anything he can do?

[jk]

yes, hire a lawyer. His story is not likely to be believed. Beyond that:

He had a few drinks and left the bar intending

the prosecution will argue that is why he was drunk which means he drove the car while drunk. Beyond that, it only requires a person be in control of a vehicle, not actually driving it.

not having been read his rights only is important if he gave incriminating information after he was arrested. If he did, then that info can be challenged as to admissibility.

I am curious: just how was he intending on getting his car home since he locked the keys in the trunk?

[blackbird345]

Yes, there is something he can do: Hire an attorney and start getting this mess cleaned up. Unfortunately for your friend, sleeping in your vehicle is not protected and may carry the same penalty as driving while drunk. It doesn't help his case that he admitted to DWI. Get a good lawyer.

[Gladiator44]

He was going to sleep until the am so he could try finding something in the daylight keys were in the trunk bc he didn't want to b charged with a DUI if something like the police coming did happen.. Put his keys in the trunk sk they were no where near his ignition his phone was inoperable so wasn't able to call for help he has his bill showing it was shut off

[jk]

He was going to sleep until the am so he could try finding something in the daylight keys were in the trunk bc he didn't want to b charged with a DUI if something like the police coming did happen.. Put his keys in the trunk sk they were no where near his ignition his phone was inoperable so wasn't able to call for help he has his bill showing it was shut off

and the point of your nearly incoherent post is?


how was he going to drive his car home in the morning?

[DWI9]

Again JK, really encouraging advice to someone who is looking for criminal defense advice, not someone to point out how bad the case is and all the ways his buddy screwed up. OP, correct me if I'm wrong but were you looking for someone to advise you on how good criminal defense could possibly help your buddies case, and what ways those could possibly be???

[jk]

You seem to be mistaken. Where does anything around here say a poster is going to get encouraging advice?


Let's look at the TOS:

Notice: Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

I don't see "encouraging" anywhere in there.

Beyond that, if you expect a lawyer to always give encouraging advice, you must be living in an alternate reality and that lawyer is basically useless. Sometimes there is no encouraging advice to be given. Reality kind of works like that.

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Again JK, really encouraging advice to someone who is looking for criminal defense advice, not someone to point out how bad the case is and all the ways his buddy screwed up. OP, correct me if I'm wrong but were you looking for someone to advise you on how good criminal defense could possibly help your buddies case, and what ways those could possibly be???

and there were no buddies. There was a buddy and OP was asking about that buddy's case but there was only one person being asked about.

[DWI9]

Oh Good Lord, excuse me, buddy's case...thanks for the grammar lesson, I didn't know it came free on this legal forum.

Anyone with half a brain know why these people come here, and it's not for COPS and DA's to tell them all the negatives of their case, it's pretty obvious they're looking for help....something a COP or DA will not provide, remember, they're on the other side of the law. And no, I'm not a spammer, I happened to find help at avvo.com the COPS and DAs were not offering here. You know, really useful information that helps someone that's been accused of a crime.

[jk]

I have seen a lot of useful information provided here. I only know of a couple people that are cops here and none that have ever made the claim of being a DA. Those cops are generally quite informative and have actually provided advice to help some folks get out of situations they didn't belong. You seem to think that this site is set up to get everybody out of whatever it is they are charged with. That just isn't the case. Posters are offered a realistic look at their situation.This site is designed to provide some basic legal information, not a how to escape your responsibilities. I believe it does a pretty good job at the designed intent.