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  1. #1
    Join Date
    Jun 2009
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    2

    Angry DUI Charge, Refused Breath Test, Less Than 9 Seconds Behind the Wheel

    My question involves criminal law for the state of: Washington

    I was charged with a DUI a ways back and now going to court for the first time. Today i was supposed to go but just got a call the prosecuter reviewed the case and is offering reckless endangerment. Here are the particulars, I left a bar travelled a block and exited and locked my vehicle. A cop was going to attempt to follow me but i just pulled over before he had any evidence of me driving recklessly warranting a pull over. I walked away and he got out of his car, he asked for my keys and i said they were locked in the vehicle. He then arrested, me without doing a sobriety test. But saw me leave a bar. I was literally in my car for less than ten seconds, before voluntarily pulling over and leaving the vehicle. At the station I didnt blow, because an attorney i called, didnt seem to take interest in the particulars of the situation...anyways should i just accept this plea without going to court or try to get it down more or dropped. If I accept Reckless Endangerment what would be the consequences in WA state? Thanks for the advice.

  2. #2
    Join Date
    Jul 2008
    Posts
    853

    Default Re: DUI Charge, Refused Breath Test, Less Than 9 Seconds Behind the Wheel

    In most states, you can be charged with DUI if you are in the driver's seat (or even in the passenger compartment) with the keys. You do not even have to drive the car at all to be guilty. just to you know, it does not matter that you "only drove for a few seconds." You drove.

    If you rely on the defense that you only drove a short distance, you are toast in court.

  3. #3
    Join Date
    Jun 2009
    Posts
    2

    Default Re: DUI Charge, Refused Breath Test, Less Than 9 Seconds Behind the Wheel

    Quote Quoting divemedic
    View Post
    In most states, you can be charged with DUI if you are in the driver's seat (or even in the passenger compartment) with the keys. You do not even have to drive the car at all to be guilty. just to you know, it does not matter that you "only drove for a few seconds." You drove.

    If you rely on the defense that you only drove a short distance, you are toast in court.
    however, without any evidence of erratic behavior on the road, no field test, he never got my keys and i didnt have them on me, what if any legal purpose did he have to approach/arrest me, i am assuming the prosecutor doesnt have a leg to stand on due to the fact he is offering to drop DUI charge without any court appearance...your thoughts? Rogue cop?

  4. #4
    Join Date
    Jul 2008
    Posts
    853

    Default Re: DUI Charge, Refused Breath Test, Less Than 9 Seconds Behind the Wheel

    Anything I say regarding the reason for the traffic stop would be pure speculation. You have not given enough information to determine the reason for the stop. It is common for prosecutors to offer plea deals, and usually does not have any relation to the strength of the case.

  5. #5
    Join Date
    Mar 2009
    Posts
    20

    Default Re: DUI Charge, Refused Breath Test, Less Than 9 Seconds Behind the Wheel

    sitting in a car with keys is enough for DUI, no driving needed.

  6. #6

    Default Re: DUI Charge, Refused Breath Test, Less Than 9 Seconds Behind the Wheel

    There is no traffic stop. You stated you pulled over the officer then approached you. The officer was simply approaching a person in public which they are allowed to do. He/she probably then determined you were intoxicated after contacting you. Also I bet there is more to this story than you are relating

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