Physical Control of a Motor Vehicle Dismissed
Client was charged with Physical Control of a Motor Vehicle and Resisting Arrest by the City of Vancouver. Client was in a parking spot and passed out in his vehicle with the car running. Vancouver Police were called by a concerned neighbor. After waking the client, a DUI investigation was conducted and the client was ultimately arrested after a struggle.
Physical Control of a Motor Vehicle has the same penalties as a DUI and is a way for the police to charge someone with a DUI without evidence of the person driving. In this situation, we were able to establish that the client was safely off the roadway. Being safely off the roadway is a defense to Physical Control that is not available on a DUI. This defense only applies to specific situations and requires a skilled attorney to do correctly.