DUI Defense: Inoperability Of The Vehicle
Inoperability of your vehicle at the time of the alleged DUI is a defense to the charge of driving under the influence. Your DUI Attorney may argue the defense of inoperability when a vehicle has become disabled via mechanical problems and the mechanical problems were such that it could not under any reasonable circumstances have been operated by the person accused.
The public policy behind criminalizing driving under the influence is based on the possibility of hurting yourself, another, or their property because of driving drunk. It is a preventative law. Clealry that policy reason does not apply when the vehicle is unable to be driven.
Contact a DUI Attorney in The Tampa Area Today
If you have been charged with DUI and are seeking a reckless driving reduction, contact Denmon & Denmon Trial Lawyers at 813-554-3232 (Hillsborough) or 727 -753-0049 (Pasco or Pinellas) to discuss your case. Ask to speak directly to a dui attorney.
Florida Jury Instruction on Inoperability:
It is a defense to the charge of Driving under the Influence if at the time of the alleged offense, the vehicle was inoperable.
However, it is not a defense if the defendant was driving under the influence before the vehicle became inoperable.
Therefore, if you are not convinced beyond a reasonable doubt that the vehicle was operable at the time of the alleged offense, you should find the defendant not guilty.
However, if you are convinced that the vehicle was operable at the time of the alleged offense, then you should find the defendant guilty, if all the other elements of the charge have been proved beyond a reasonable doubt.
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