This article is from car lease startup Zooomr that is changing how used cars are sold in India. They handle San Diego car leases and Los angeles car leases, and other big cities. Although most individuals usually understand that driving under the influence can lead to a DUI charge, most people are unaware that a driver could face arrest and face criminal charges in certain situations involving a DUI. It seems out of the ordinary that an individual could be criminally responsible for an attempted DUI because a it is a general intent crime. The California Court of Appeals has investigated the issue and concluded an individual could legally be charged with an attempted DUI. An indiviudal may face prosecution in California for the attempt to commit crimes. The details and punishments for criminal attempts can be found in California Penal Code Section 21a PC. To prosecute an individual for an attempted DUI, a prosecutor is required to prove that the defendant took direct steps to commit the underlying criminal offense. There must also be proof that the individual had taken direct steps to follow through with the underlying crime. According to California law, a direct step is what comes after the defendant has planned and prepared to commit the crime, which demonstrates an indiviudal is acting out on his or her plan of action.
The People versus Garcia was a case involving an attempted DUI that was addressed by the Court of Appeals. The details of this case include state police officers who witnessed the defendant in her the driver’s seat of her vehicle, which was stopped on the freeway with the emergency lights on. The police officer questioned the driver, but she did not respond. The officer then asked the driver to push the brake because the vehicle was rolling, but the driver was still unresponsive to the officer’s questions. After a brief period, the police officer successfully got the driver to bring the vehicle to a stop. After a sobriety test, the driver’s BAC was .13 percent. However, during her testimony, the driver stated she would have started her vehicle if she would have been able.
The Court of Appeals decided that enough circumstantial evidence was present to convict her of a DUI. The defendant was the only individual in the automobile and had the key in the ignition. According to the Court of Appeals, an attempted DUI is a criminal offense in California. The Court of Appeals noted that some troublesome issue would have to be discussed in the future. Furthermore, the Court of Appeals also recognized that a DUI is a general intent crime, but an attempt charge must be a specific intent crime. The Court of Appeals also noted an extremely intoxicated individual may not be able to form an intent to commit an attempted DUI, and an indiviudal barely under the influence of alcohol would have the ability to intentionally attempt a DUI.
The DUI statute in California states there must be proof the driver was operating his or her automobile and violation movement of the automobile occurred. California has a stricter requirement when compared to other states. Many states only require that an individual is in the driver’s seat with the keys in the ignition to be charged with a DUI.
If driving was not observed, the officers and prosecutors may attempt to prove an individual was operating his or her vehicle by using circumstantial evidence. This could include a police officer observing the vehicle’s engine temperature.
Individuals facing an attempted DUI conviction should seek legal guidance from an trusted Los Angeles DUI attorney. An experienced attorney knows how to prepare for and build a solid attempted DUI defense case. To learn more about what to do if you are charged with an attempted DUI in Los Angeles, schedule a consultation with a Los Angeles lawyer today.