CAN I GET A DUI IN A PARKING LOT IN ORANGE COUNTY?

By DUI Defense Attorney on July 25, 2012

Yes.

There is a widespread misconception that the arresting officer must actually observe the DUI suspect driving the vehicle in order to sustain a conviction for drunk driving. However, your Orange County DUI lawyers at Wallin & Klarich want to inform you that in California motorists do not have to be “driving” to be convicted of DUI. In some DUI cases in Orange County, proof that the suspect was driving can be proven by circumstantial evidence alone.

Circumstantial evidence is evidence that proves a fact from an inference to the existence of a fact which may be logically and reasonably drawn from another fact or group of facts.

Examples of circumstantial evidence of driving:

  • Keys being in the ignition
  • Headlights on
  • Suspect in the driver’s seat
  • Driver’s seat adjusted to the suspect’s height
  • Temperature of the hood
  • Admission to driving by the suspect

When a person is found in a vehicle that is parked, the prosecution relies on surrounding circumstances and facts to prove that the person was in fact driving. The following factors may be taken into account:

  • Where was the car parked?
  • Was it on the side of the freeway?
  • Was it in the parking lot of a restaurant/bar?
  • Was it parked at a friend’s house?

If the car is at the restaurant/bar or at a friend’s house and has not moved, there is a stronger argument that the driver had not driven the car anywhere. However, if the car is on the side of the freeway, the government has a strong argument that the person drove the car there, and then decided to pull over. How else did the car end up on the side of the freeway? Arguments can be made on both sides here and that is why you will need a skilled California DUI defense attorney from Wallin & Klarich to represent you.

Wallin & Klarich’s Orange County DUI lawyers have over 30 years helping clients facing DUI charges throughout Southern California. If you or a loved one is recently facing charges for driving under the influence, please contact your Wallin & Klarich DUI attorneys in Orange County at 888-764-2615 for immediate assistance.

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Posted in: DUI Defense, DUI Laws

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing drunk driving charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-764-2615 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

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