Sleeping It Off in a MARTA Park-and-Ride: “Actual Physical Control” Defenses

Sleeping It Off in a MARTA Park-and-Ride: “Actual Physical Control” Defenses

Marta Park and Ride: “Actual Physical Control” Defenses”

You’ve been out for a long night in Buckhead or Downtown and you feel you’ve had too much to drink. Rather than taking the chance on a drive home to the suburbs, you opt for the most responsible decision you can: You walk to your car parked at the Lindbergh or Doraville MARTA station, get in the back seat and plan to “sleep it off” until morning. You believe that by your deliberate avoidance of driving, you are performing your driving well under the law. Unfortunately, however, when you wake to a tap on the window from either the MARTA Police or the local authorities, this good intention becomes a bad dream, and you need the immediate help of an Atlanta DUI Lawyer.

A 2012 Australian film adaptation of the book

Unfortunately, for those in Georgia, you don’t have to be actually behind the wheel to be arrested and convicted of driving while intoxicated. O.C.G.A. § 40-6-391 makes it illegal to “drive or be in actual physical control” of any moving vehicle if under the influence of alcohol or drugs. The key word in this phrase is “actual physical control. Prosecutor doesn’t have to establish that you were driving your car, or even that the motor was running. All they have to do is convince the judge or jury that you had the present ability to easily start up the car and drive off.

MARTA police are trained to check the park-and-ride lots late on nights for people in their cars. When an officer stops you for sleeping at the wheel, or even sleeping with the keys in your pocket in the passenger seat, he or she will probably assume that you were driving to that location while under the influence of alcohol or were going to leave soon. If you were just waiting for the first morning train, you can still be cited with a full blown DUI. The legal definitions of actual physical control are extremely complicated, and the only way to deal with these particular charges is to get a knowledgeable Atlanta DUI Attorney.

The complexity of jurisdiction at transit hubs

The arrest at a transit station adds another layer of bureaucracy. MARTA Police have statewide jurisdiction on MARTA property, however the parking and riding lots frequently are located in amongst the different county and city lines. Your case may proceed to the municipal courts of Sandy Springs, Decatur, and/or Atlanta or go to State Courts of Fulton and DeKalb counties depending on the exact station you were parked in.

It may be very confusing for defendants to determine where their arraignment will occur and which prosecuting agency will be handling the case. You can put yourself in a lot of danger if you try to deal with a transit arrest alone. It’s essential to have a dedicated DUI Attorney Atlanta residents can trust to get the ball rolling, secure the right court system, and marshal the necessary MARTA surveillance camera footage before it’s erased, along with the intricacies of the local prosecuting office.

Create a defense to ward off APC attacks

When challenging a true physical control charge, a strong, evidence-based strategy is required. The defense can’t just point to the fact that you were trying to sleep, which is the right thing to do; there’s no “safe harbor” exception to the law for good intentions. Rather, the defense will have to take an active effort to show that you did not have immediate possession of the car.

The expert lawyer James Yeargan is aware of just how to take apart such type of arrests. There is a need for a strong defense strategy when examining the ‘whole picture’ around the incident. What playroom was the keys in? If the keys were in the trunk or under a seat mat in the back seat it would definitely indicate that you intentionally took the keys out of the car. How did the engine block feel? Cold engine and cold tires are good signs that this car was not driven recently.

In addition, making use of the environment itself can be a significant mitigating factor. Just because you were in a transit area, anyway, suggests that you were not in-state traffic. An experienced DUI Lawyer Atlanta can use this context as supporting evidence alongside the material facts of the condition of the vehicle to file pre-trial motions that seek to suppress the arrest. A skilled advocate will be able to negotiate with the prosecution for the charges to be either reduced, or even dropped altogether, because it forces them to prove your imminent control of the car.

Protecting Your Future

The license suspensions, steep fines and potential jail time are identical to a conviction on the Interstate. It’s not fair to get punished for trying to make a responsible decision. When arrested while sleeping in your car, don’t wait to preserve your rights, driver’s license and criminal record, by obtaining professional legal representation right away.