Monday, December 21, 2015
A DUI Charge Requires Actual "Driving" - Volitional Movement Is Required In California
Many people, (even police officers), erroneously believe that being in "operation and control" of a vehicle is enough to arrest a person for driving under the influence in California. Thus, under that line of thinking, having one's keys in their possession while being behind the wheel would be "sufficient" for arresting someone for driving under the influence.
This belief is erroneous because the State of California requires a showing of "volitional movement" pursuant to the California State Supreme Court case of Mercer v. DMV (1991) 53 Cal.3d 753. This is an important distinction and one that could mean the difference between a conviction and a dismissal of the DUI charges.
Click the link to learn more about the element of Driving for a DUI charge in the State of California.