Watch David Michael Cantor explain the DUI/DWI Defense of No Actual Physical Control:
The DUI laws in Arizona have traditionally been very strict, and up until recently, it was even possible to get a DUI without driving. This is because, prior to 1995, Arizona’s DUI/DWI laws provided that simply sitting in a car while intoxicated with keys in the ignition constituted “actual physical control” of the vehicle for purposes of drunk driving. That definition of the law is no longer in effect thanks to the efforts of David Michael Cantor, who argued the case State v. Love in front of the Supreme Court of Arizona. After that case, the issue of whether a driver has “actual physical control” of his vehicle is determined by assessing the “totality of the circumstances.”
In other words, a court will look at factors such as the driver’s reason for pulling over or what the driver was doing at the time. For example, a driver who pulls over to sleep off intoxication or to turn on or off the air conditioning would not be said to have “actual physical control.” Likewise, one who is sitting in a car waiting for a ride would also not be in “actual physical control.” This defense can be a powerful one, and David Michael Cantor has used this defense to help countless clients.
While the outcome of every case turns on the unique facts and circumstances of the situation, DM Cantor has success in defending a variety of DUI cases. The firm may be able to use a defense such as lack of actual physical control for your case. Some circumstances that can indicate a possible lack of actual physical control defense include:
- The car was in neutral
- The car was in a parking lot, bus pull-off, outside of a drive-thru, or otherwise off of the main travel road
- The engine was off
- The parking brake was on
- The engine was on in order to run the Air Conditioner or Heater
Such circumstances indicate the driver was not putting anyone in danger, as the car was not running and the driver did not have actual physical control of it. Of course, events such as passing out while moving in traffic or crossing the median are evidence of actual physical control.
If you’ve been arrested of a DUI, DM Cantor may be able to help you by establishing a defense such as lack of actual physical control. You can get a free case consultation by filling out a confidential online form or by calling 602-307-0808, and we can help you find the best possible defense.
Are you looking for a list of the Arizona DUI/DWI charges? Click here for the list.