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Hi I'm David Cantor with the Law Offices of David Michael Cantor.
Today I'm going to talk about the DUI Defense of Actual Physical Control;
what's known as APC. Basically,
the law used to read that if you're in your car,
you're intoxicated and if the keys were in the ignition,
you were in actual physical control of your car. That means you're
driving even if the car was just sitting there. Now the law changed in about 1995.
There's a case
State versus Love that stated using the totality of the circumstances
they could view whether you simply were using your car
as temporary shelter. Meaning you pulled over, left the engine on, maybe to run the
air conditioner if it's in the summer, or the heater if it's in the winter,
and you're simply waiting you get a ride or sleep it off.
Then you are not in actual physical control. I actually
am very fond of the love case because I'm the one who took it up to the
Arizona Supreme Court and argued it
and won it in 1995. Now other cases are Zavala,
Brown, Dolly and Zaragosa.
That's a progression of cases and all say the same thing. So
there is a defense if you're found mearly behind the wheel of your car
with the engine running
If you were stopped. Now some other things they're going to look for was the engine
on or off,
parking brake on, whether you we're in neutral,
if you were off the main travel portion of the roadway, and that's a biggie.
Where you in a bus pull out, or off in a parking lot,
where you outside the drive thru of a Jack in the Box Drive thru?
Now if you're passed out at a green light in the travel portion,
that can be difficult. If you hit a pole or blew your tires,
then you didn't really voluntarily relinquish control but this is a great
defense were very good at it
go to our victory section on our website at DMCantor.com or give us a call
and set to make an appointment with us it doesn't cost anything to be with us
but we'd be more than happy to meet with you and explain whether we can help you out
with your situation.
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