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Can a passenger sitting in their driveway be charged with dui if they had some one drive them home and left?

  • Posted on September 14, 2010 at 8:22 am

My daughter and her friend picked me up from a bar because I was drunk. When we arrived home my daughter went in the house and her friend left with another person to pick up my other daughter. Approximately, 30-40 seconds later an officer approaches me while I was scratching a lottery ticket in the passenger seat before going in the house. The officer then arrests me for dwi even though I told her I wasn’t driving the vehicle. Can I be charged with dui if wasn’t even driving and the cop shows up several seconds later looking for the car?
I do not if the keys were left in the ignition because I wasn’t paying attention and my timing may be off because again I was drunk but I do know it took long enough for him to leave and for my daughter to get in the house to head for the bathroom before the cop showed up. The cop also stated to the magistrate that she was cut off by a car and was not close enough too me as the reason for the delay.

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