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    Robcc08's Avatar
    Robcc08 Posts: 1, Reputation: 1
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    #1

    Mar 21, 2007, 01:50 PM
    DUI and No Keys In the Igniton
    I just got a DUI and my court date to testify is March 26th but I was wondering if I would be able to Fight it since I was parked in a residential area and the keys weren't in the igniton and were in my boyfriends hand. I have a lawyer but he sent me a letter sayign he won't beable to tlak to me until the 1st court date when he goes in and says I'm not guilty and is able to get my police reports So will I ba able to fight it?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Mar 21, 2007, 02:13 PM
    Hello Rob:

    Sure, you'll be able to fight it. Successfully?? Well now - that remains to be seen. Nothing in the court system is cut and dried.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 21, 2007, 02:17 PM
    Each state has its own requirements as to what is requried to be a DUI.

    In some the keys have to be in the ignition, in others you merely have to be near the car in an area that is not your home.

    Were you in the car, if so, where you behind the steering wheel ?

    I would say that at least the officer believes what you did meet the states requirements.

    So you can challenge those points, if accourding to your state law they are required. Your attorney will know that.

    What he is going to do, is look at how the officer wrote it up. A lot of DUI are lost because the officer wrote them up badly.
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