Our client was transported to the hospital by his wife to be treated for extreme alcohol consumption and PTSD. Our client refused treatment and attempted to leave by sitting in the drivers seat of the car. He argued with his wife saying he wanted to drive home. While his wife had the key fob to her registered vehicle, he was able to start the car due to her close proximity. Our attorney filed a motion to suppress evidence based upon inoperability of the vehicle since the key fob was not in his possession. He argued in that motion that our client, although behind the wheel of the car, the state could not prove actual physical control. Prior to the start of the hearing, the Judge mentioned that if that key fob was not possessed by the defendant, then there was no actual physical control. The state dropped the dui charge.
DUI & Criminal Division
