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Physical Control DUI – Q&A

Written by David O
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Physical Control DUI – Q&A

Physical Control DUI – Questions and Answers

  • Q1. What is a physical control DUI charge?
    • A1. A physical control DUI charge is given to someone that a law enforcement officer believes is under the influence of alcohol or any drug and the person has “actual physical control of a vehicle..”
  • Q2. How is a physical control DUI charge different from a standard DUI charge?
    • A2. In the case of Physical Control DUI, the officer did not observe the person driving prior to starting the investigation.  In the case of the standard DUI, the officer usually observes the person driving prior to initiating a DUI investigation.
      • A Few Examples of Physical Control DUI
        • A law enforcement officer approaches an intoxicated person that is passed out in the drivers seat of istock photo downloaded for physical control DUI blogtheir parked car.  If the officer believes they recently drove their car or they are intending to, the officer could charge that individual with physical control DUI.
        • A law enforcement officer finds an intoxicated person pulled over and parked safely on the side of a highway.  The officer could charge that individual with physical control DUI even though the officer never saw actual driving.
        • A law enforcement officer approaches a person pulled over on the side of the road working on repairing a flat tire.  If the officer believes that person is drunk or under the influence of drugs, they may be arrested and charged with physical control DUI.
      • A Few Examples of (a standard) DUI
        • A law enforcement officer see’s a driver on the freeway  driving erratically and swerving between lanes, they pull the driver over and if they believe they are drunk driving then they will be charged with DUI.
        • A law enforcement officer observes a driver fail to signal while making a turn.  If the officers believes the person is under the influence than they will be charged with DUI.
        • A law enforcement pulls someone over for speeding and the officer believes they are under the influence, they will be charged with DUI.
  • Q3. Are the penalties less harsh for physical control DUI when compared to a standard DUI?
    • A3. The penalties for physical control DUI and DUI are the same.  If you plead guilty to physical control DUI or if you are found guilty at trial you will be subjected to the same penalties as those guilty of DUI.
  • Q4. Are there any defenses for a person charged with physical control DUI?
    • A4. Yes, there are two defenses. The first defense is proving that the person was “safely off the roadway” and the second defense is to prove the consumption of alcohol or drugs occurred after driving.

If you have charged with physical control DUI, give our experience defense attorneys a call, (206) 459-6392, to schedule a free, no obligation consultation where you can discuss the details of your case.

 

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DUI Arraignment – The Who, What and Why

Written by David O
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DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

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Weston Cage Tries to Elude Cops but Fails and Gets a DUI

Written by David O
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Weston Cage Tries to Elude Cops but Fails and Gets a DUI

In an attempt to elude police officers, Weston Cage, son of actor Nicolas Cage, managed to drive himself into a lot of trouble which included; running over mailboxes, plowing down a street sign, side swiping a car, and smashing into a tree. All ironically resulting in a police arrest and being charged with a DUI.

Saturday, Feb. 5th actually started off OK for the 26-year-old actor. Weston was driving a new ride in the San Fernando Valley around noon when he got into a minor fender bender. The driver of the other car and Weston exchanged information and all seemed to be fine.  Until, Weston thought the cops were coming to scene of the accident. That’s when Weston decided to take off! And that’s also when his day started to get a lot worse.

a duiWhile trying to escape the clutches of the ghost cops, Weston only made it a mile away until he lost control of his new car. He swerved onto a residential lawn, ran down a row of mail boxes, continued through the yard, plowed down a street sign, and finally came to a halt by running straight into a tree while sideswiping a car at the same time.  WOW, talk about major amount of destruction in a short amount of lawn.

To make matters worse, Weston’s car no longer looked new… the front end was completely smashed, bummer!

Needless to say, the police were called.  And unfortunately for the star of the movies Lord of War (2005) and Rage (2014), police believed Weston was driving under the influence, aka DUI.  He was arrested and taken to the hospital to check for any bodily injuries before being charged with DUI.

Feb. 5th was not the best day for Weston, but hopefully his days thereafter are much better.  And hopefully Weston hire’s a reputable DUI lawyer to defend his DUI charge!

If you have been charged with a DUI in Washington State and need a great lawyer on your side, give David O Defense a call, 206-459-6392.  Our experienced DUI attorneys are happy to help.

 

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