The Sleep It Off Trap: Do the Right Thing and Go To jail

The Sleep It Off Trap: Do the Right Thing and Go To jail

Imagine this scenario. You went out on a date or to eat or have drinks in Buckhead or Midtown. You knew you had drunk too much to drive away home. You made the right decision, being a responsible citizen. You got to your car, got in, reclined your seat, and fell asleep, with an idea of going home in the morning when you were not drunk. It was a conscious decision that you made not to endanger the others.

Then a policeman taps on your window and a flashlight is brought into your face making you jump to your feet. Although you parked your car and switched off the engine, you are taken into custody charging you with a DUI. It is a nightmare scenario that is more prevalent than you may have guessed and it occurs due to a legal notion referred to as Actual Physical Control. When you are in such a state, chances are that you are perplexed and irritated. That is why you should have a reputed Atlanta DUI Lawyer who could clarify the law and defend your motive.

The state of Georgia does not even require you to have been behind the wheel of a moving car in order to be found guilty of DUI. According to the law, an individual will not operate or be physically in control of any running vehicle whilst intoxicated. The trap is the term actual physical control. It allows police officers and prosecutors to arrest you, having suspected that you had the potential and the immediate possibility to drive the car, even when asleep.

The courts consider many factors to conclude whether you were in charge of the vehicle. These variables usually consist of the location of the sitting, the location of the keys, the engine being switched on or hot to touch, and the legality of the parking space. When you are caught asleep in the drivers seat and have the keys in your pocket, the same is considered by the law as having driven on the highway. The reason behind this is that you might have woken up and driven away at any time.

It is a frightening gray section of the law since it punishes individuals who decide against drunken driving. Nevertheless, being arrested does not mean being convicted. Cases of this type are extremely factual and the details are critical. An experienced Atlanta DUI Attorney is aware of how to question the presumption of the officer of command.

This is whereby James Yeargan comes in to play. As DUI Jim, Yeargan is a former DUI prosecutor that has been on the other side of the courtroom. He is fully aware of how the state builds up an Actual Physical Control case, and more to the point, he knows those places where the cases are weak.

When James Yeargan examines a sleeping DUI case, he seeks to find evidence of the fact that you had no intention to drive. Did the car occupy a designated parking place and not the shoulder of the road? Was it a cold engine, and so you had been there hours? Were the keys in the trunk, the glove box or the back seat? Such apparently trivial facts can be a case between a conviction and a dismissal.

James Yeargan also realizes that the position of the vehicle and the driver is vital. And as a prosecutor, it is far more difficult to claim that you were in physical control when you were in the back seat. The case of control becomes weaker in case the ignition was off and the keys were not in the ignition. Yeargan appeals to his extensive understanding of the law of cases in Georgia to point out that what you did was not a rest in between driving but a withdrawal of driving.

DUI charge will destroy your life, including your job, your driving license and your image. This is particularly unfair when you were in an effort to be safe. Do not think that you are guilty because you were in the car. The legislation is subtle, and motive is important.

You should have a person who would listen to your story and prove to the court that you were being responsible and not reckless. You need an Atlanta DUI Lawyer who will not judge by the fact that you have chosen to remain off the road and will do his best to make sure that you do not suffer because of it. James Yeargan is the best person to provide defense to these complicated cases on the basis of his experience and background. He does not simply read the statute; he sees the whole picture of circumstances in order to defend your rights.