On April 6, 2014 police found the defendant slumped forward behind the wheel of her car smoking a cigarette and texting on her phone. Police suspected that she was under the influence of alcohol and she failed field sobriety tests and was arrested. Her breathalyzer test yielded a reading of .181.
Long standing Kentucky law requires the Commonwealth to prove that a defendant operated or physically controlled a vehicle while intoxicated to establish a DUI. The Court held that the defendant's car was found by the officer legally parked on the side of the road. "There was nothing to suggest that it was parked after having been driven by an intoxicated driver." The Court found that the defendant had no intent to drive, as shown by her actions of smoking, texting and stating that she was at a party and did not intend to leave.
Our firm frequently represents individuals in driving under the influence cases where our clients are behind the wheel of a parked car. This case will help us, in many instances, get these cases thrown out because the government will not be able to prove an intent to operate the car.
