Additional Information:

I went out for drinks in Duxbury with a buddy last weekend.  I left the bar to head home when I decided I had too much to drink, so I pulled over into a parking lot.   I couldn’t get in touch with anyone to give me a ride home, so I sat and fell asleep. I awoke to a police office rapping on the window, he smells alcohol and ends up arresting me for DUI.  Can he do that as I wasn’t even driving?

ATTORNEY ANSWER:

As long as the vehicle was running, the law considers that to be operation, that is, if you engage any mechanism within the vehicle which alone or in sequence may tend to set the vehicle in motion.  There may be some issues with the location where you parked your vehicle on whether it is a public way.  I would like to know more about the encounter with the police officer.  For a free consultation please feel free to give me a call at your convenience. 

Duxbury DUI / OUI Defense Attorney, James Milligan represents clients charged with OUI in Duxbury, Massachusetts and throughout Plymouth county including the communities of: Brockton, Hingham, Norwell, Plymouth, and Wareham.