Vehicle Inoperability Can Be a Defense for Actual Physical Control

If you were charged with an Actual Physical Control DUI in Florida, and your vehicle was inoperable at the time of arrest, the defense of vehicle inoperability might apply to your DUI case. An Actual Physical Control DUI is one in which the person was not actually driving the vehicle, but rather was arrested because he or she posed a risk of driving due to the ability to start and drive the vehicle. A vehicle is inoperable if, due to a mechanical or other problem, it cannot actually be driven. When a vehicle is inoperable, control over the vehicle and risk of driving while intoxicated become impossible.

In order for this defense to be successful, the evidence must demonstrate two things. First, the evidence must show that the vehicle could not have been driven under any reasonable circumstances due to the mechanical or other problems. Secondly, the evidence must demonstrate that the vehicle was not operated by the intoxicated person prior to it becoming disabled. Once these requirements have been met, the responsibility shifts to the State Attorney to disprove any and all reasonable explanations of innocence.

The defense of vehicle inoperability may apply to your case. Call our skilled attorneys today at 1-888-781-9696 to discuss your case and start your defense.