BlueWire

I know we're not lawyers here...but , i'd be interested to hear your guy's opinions. My cousin who is 20 got charged with physical control of a vehicle while under the influence. Basically means you COULD have driven, but penalties are same as DUI...Here is what happened according to him and it seems to check out more than fine with the police report:


- He is 20 years old
- Night before he drank 15-19 drinks between the hours of 3:30pm and 1am (not a normal occurance)
- Spent the night where he was hanging out
- Woke up at 6:15am the next morning and decided to drive home. Its about 1 mi to his home from where he spent the night
- Car's clutch went out on the way home. Pullled over. Called triple A to come tow his vehical which is now documented as being undriveable.
- While waiting he fell asleep. The car was on but sitting in park, couldnt move. A neighbor woke him up and asked what he was doing. He explained the situation
- That neighbor called the cops and said he looked out of it (he had just woken up)
- Cops came, car was off. Keys in ignition. Car not 100% legally parked because it couldnt be moved
- Police perform field sobriety test
- He made 2 small mistakes from being nervous. Both were in not fully following directions. But no stumbling or anything of that nature. He thought considering what time it was and that he just had woken up pretty much that it went fairly well
- This test is on tape
- He was arrested at this time for physical control.
- Kept in jail cell for a little under an hour
- At 8am he's asked to do breathalyzer. he asked to speak with an attorney. he speaks with one and decide to blow
- Either the machine was broken or cop didn't know how to work it. But he did not get a registered result. They have since had a court hearing and it is NOT being considered a refusal. So there is NO BAC in the case. Thus the Department of licensing part of the case has been thrown out. Only the criminal part remains...

- He was charged with physical control
- Police officer punched his license (This is unlawful to do without a BAC)



Seemed pretty messed up to me cuz

1) The car cant even run
2) There is no BAC
3) Unlawful punching of card



Anyone have any experience with this sort of thing? He's got a good attorney but the whole thing seems sort of dumb. He did the right thing by sleeping it off...maybe should have slept another couple hours but come on