What happens when you or a loved one has been arrested for possession of a controlled substance for the purpose of selling it?
Some of the questions that the person investigating your case, or your criminal defense attorney, may look at, is the other evidence to support that you were actually having that controlled substance for sale.
For example, were there scales, or zip lock bags accompanied with the controlled substance when they found it on you? Was there enough of a quantity of the drug in order to sell it? Was it divided in little baggies for sale? Did your phone have text messages with potential clients that you were selling these drugs to? Or did you keep a notepad, or some kind of memorialization of who owed you money and how much you’ve sold to people in the past?
If you are being charged with this type of a crime, there are a couple of defenses to consider. One is that you are actually using it for personal use, and not for sale. Two is that it wasn’t yours. Or three, the drugs were found on you through an illegal search and seizure.
There are a couple of other defenses that may apply to you. I strongly recommend that you speak to one of our experienced Oakland criminal defense attorneys, and if you have any questions, you can call our office. Our goal is to keep you informed.
Can You Get A DUI Even While Being In a Parked Car?
If you ask anyone about their opinion of the charge of “driving under the influence”, they will tell you that this charge applies to someone who is caught driving their vehicle while intoxicated by alcohol or a drug.
What most people don’t know however is that it is possible for someone to be arrested for a DUI and eventually convicted even if they were sitting in their parked vehicle.
Yes, it’s true, a driver can be intoxicated while sitting in their vehicle, with the engine turned off, and still be charged with a DUI even though they were not “technically” driving.
The DUI “Gray Area”
In the state of California including other states nationwide, there are what are known as “gray area” in the law. This means that there is leniency when it comes to how the term driving under the influence (DUI) can be described.
Specifically, driving a vehicle is not always necessary to be charged with Driving Under the Influence. If a driver is found that they are “able and ready” to take control of a vehicle, this is what law enforcement specifically looks for during the process of making a DUI arrest.
How You Can Be Charged With A DUI Even Without Driving
Let’s say that you were arrested for DUI while sitting inside your parked vehicle with the keys in your pocket. The prosecutor will form the legal argument that even though your vehicle was parked, you were technically in control of it regardless if you were half asleep at the time, in the backseat, or waiting until you were sober enough to drive. A prosecutor could still argue that you had the capacity to take immediate control of your vehicle at the time you are rested and should be charged with a DUI.
Sadly, it doesn’t matter if you had parked your vehicle an hour before the police officer showed up because you recognized that you were not sober enough to drive your vehicle. All the police officer has to do is point to circumstantial evidence to show that you were in control of the vehicle at the time and should be charged with a DUI. This is circumstantial evidence and is the same set of standards that police officers must follow with every criminal violation after a crime has occurred, in order for them to make an arrest.
Contact The Lamano Law Firm Today – Let Us Construct Your Criminal Defense!
At the Lamano Law Firm, we firmly believe in protecting the rights of anyone who has been accused of a crime.
If you were recently arrested for a DUI, without actually driving your vehicle while intoxicated, our Bay Area criminal defense team wants to hear about it!
Our law firm believes that if you were responsible enough to not be driving your vehicle while you were intoxicated, you should be recognized for being a responsible citizen, instead of being penalized for making the right decision.
Get your legal defense started today by calling us at (510) 842-0750 or connect with us online through our website.