Asleep Behind The Wheel

Asleep Behind the Wheel in Miami

But I Wasn't Driving The Car When the Police Found Me

The legal term is “driving under the influence.” It stands to reason that a police officer must have noticed you driving while impaired by alcohol or drugs. But driving isn’t always a necessary element. Like many states, Florida has an “actual physical control” law that allows for DUI charges if several conditions were met that would have allowed you to drive while impaired.

At my firm, Jonathan B. Blecher, P.A., I have been offering experienced and aggressive DUI defense representation to clients in the Miami area for more than 40 years. If you were charged with DUI – including under the actual physical control statute – I’m ready to aggressively defend your rights and freedoms.

What Is Needed To Establish Actual Physical Control?

One of the most common actual physical control (ACP) scenarios is police discovering and arresting someone asleep in their vehicle. Imagine you attended a house party, had some drinks and didn’t feel safe to drive home. You didn’t want to impose on the host, so you decided to sleep in your car. The car wasn’t on and you weren’t even in the driver’s seat, but a police officer came and arrested you anyway. Why can they do this?

In Florida, these are the three elements needed for an ACP charge:

You were in possession of the vehicle’s key (even if you weren’t touching it)
You were somewhere inside the cab of the vehicle (it doesn’t have to be the driver’s seat)
The vehicle was in operable condition (it was working and could be driven, even if it was out of gas)

Many newer cars these days use a key fob and a push-button start rather than a key that you need to insert and turn. That makes it easier for prosecutors to support an ACP charge. Zealous prosecutors often try to secure a DUI conviction even when the evidence strongly suggests that the defendant had no intention of driving. This is ironic because many people charged with ACP were trying to do the right thing by avoiding driving drunk.

How I Have Helped Clients Win APC Cases

Thankfully, experienced defense attorneys like me know how to challenge evidence and expose the weaknesses in the prosecution’s case. Two real examples are discussed below.

Case Study No. 1

The client parks his car outside a late night club, gets a parking time receipt and places it on his dashboard. He drinks at a club, comes out and knows he doesn’t want to drive. With two hours left on his parking meter, he sits in his hybrid car, reclines the seat and goes to sleep. An officer knocks on the window, wakes up the client, tests and arrests him for DUI. The arrest form says “key in ignition, engine running.”

Our defense argument:
The client did not drive to the location in an intoxicated state, proof of time he parked and how much time was left on receipt. No “ignition” in the hybrid car. Engine can’t run in a parked hybrid car.

Result:
DUI dismissed.

Case Study No. 2

The client parks his car in a lawful parking spot and goes to a club, then comes back to sleep it off. Client did nothing other than sleep.

Our defense argument:
The officer had no reasonable suspicion to approach car, awaken driver and require him to exit vehicle.

Result:
Motion to suppress evidence is granted, and the case is dismissed.

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See What Our Clients Say

“Jonathan went way above and beyond”
Jonathan went way above and beyond to assist in a difficult scenario. His proactive approach to the situation including late night and early morning phone calls was outstanding and provided a level of calm during the storm.

- Matt
“Highly recommended great service and support”
Highly recommended great service and support. Very knowledgeable every step of the way . Thanks again for a great experience.

- Brian
“Professional & Knowledgeable”
“Jonathan was professional, knowledgeable, and took the time to really listen to my concerns. He made sure I understood every step of the process. His calm and thoughtful approach made a challenging situation much easier to handle.”

- Jennifer S.
“Mr. Blecher is truly the best DUI lawyer in the state!”
Mr. Blecher is truly the best DUI lawyer in the state! Would recommend to the utmost regard to anybody going through tough times. He not only won my case but consoled my family and relieved us of our stress. Can’t thank enough!

- Christian
“He’s a great lawyer all around!! I highly recommend him!!”
Jonathan Blecher is very good at his job. He’s quick on responding, and very accurate with timing. I had him take care of a matter for me while I’m in NYC. It’s as if I was there because he handled everything very quickly and got the job done… He’s a great lawyer all around!! I highly recommend him!!

- Jean
“Highly recommend”
I had a truly positive experience with Jonathan Blecher as a attorney. He was professional, knowledgeable, and took the time to really listen to my concerns. Jonathan made sure I understood every step of the process. His calm and thoughtful approach made a challenging situation much easier to handle. I felt genuinely cared for, and I highly recommend him to anyone in need of legal assistance.

- Jennifer
“Very helpful!!”
Jonathan took the time to call me and review my options as well as give me advice. He spent over 30 minutes talking to me and answered all my questions. He didn't charge me for his time either! He was very knowledgeable with florida laws and was very helpful!!

- Ashley
“He did everything he promised”
He did everything he promised and was able to complete everything within the timeframe promised. I was very satisfied with his work. I would highly recommend him.

- Barbara
“Excellent Experience”
“I had an excellent experience working with attorney Jonathan Blecher. He handled my case professionally and efficiently, and the outcome couldn’t have been better—my case was completely dropped, with no points, no fees, and I didn’t even ”

- Maya C.