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.

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