This video explains what Actual Physical Control of a vehicle means in Arizona and how it can affect whether you are charged with a DUI or not.
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Hi my name is Cindy Castillo with Castillo law. I often get asked the question: “I wasn’t driving can I still be charged with a DUI?”
The answer is yes and unfortunately with the statue in Arizona State is that you can be charged with driving or being an actual physical control of the vehicle if you are under the influence of alcohol and/or drugs.
So what does immediate actual physical control mean? There’s not a definite definition of actual physical control, but the courts have outlined a certain number of specific facts that will allow a jury to determine whether or not you are an actual physical control.
Some of the things that they will look at is: where exactly you were physically located when the officer made contact with you: were you behind the wheel or in the passenger seat. Obviously it’s better if you’re in the passenger seat. They will also look at where were the keys located. If they’re in the ignition, and the ignition is on obviously those do not help your actual physical control case. If they are in your pocket in the back seat that makes a better case for you. Another thing of the courts have looked at is whether not you are asleep or awake. Another thing that courts or juries that might look at is whether or not the hood of your vehicle is still warm from having just driven your vehicle or if it’s cold suggesting they been in your vehicle for a long time and haven’t actually driven it for a while. Something else that the courts and juries will look at is where is your car physically located. Have you pulled off the side of the road or you actually in the middle-of-the-road that something that will determine whether or not you are in actual physical control now there are number of other issues that go into determining whether or not your natural physical control.
There are a number of issues that go into determining if you were in actual physical control. If you’ve been charged with DUI and you believe that you are not an actual physical control or that you are not driving please contact me I offer free consultations
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