Attorney Zahra Umansky of the Umansky Law Firm represented a defendant accused of committing a DUI in Orlando, Orange County, Florida. The client was charged with being in actual physical control of a vehicle while his normal faculties were impaired. In essence, the client was allegedly sleeping in his vehicle with the keys in the ignition and the car running! Attorney Umansky filed motions challenging law enforcement’s actions in seizing the Defendant by knocking on his window to wake him up. Attorney Umansky was successful in getting the prosecutor to dismiss the DUI charge against her client!
Though it doesn’t seem like you should receive a DUI for simply sitting in your car while impaired and not actually driving, there is an exception which states that even if you aren’t driving, if your keys are in the ignition, you have the actual ability to still operate that vehicle and therefore justify receiving the DUI. This situation has occurred for hundreds of people attempting to “sober up” in the car with the music on, utilize the AC, and even take a nap in the backseat of their car. Though there may not be any intention whatsoever to operate the vehicle while intoxicated, the law allows individuals to be apprehended for drunk driving simply because of their ability to operate that vehicle at any time.
If you have been charged with a DUI in Orlando and need legal services with a professional lawyers, contact the Umansky Law Firm now at (407)228-3838.
VERIFICATION NUMBER: 2011-CT-006673-A-O
Attorney Zahra Umansky represented a client accused of DUI with property damage. The client was alleged to have rear-ended a vehicle that resulted in damage to the vehicles. Additionally, the client was transported to the hospital where law enforcement directed the hospital nurse to do a blood draw to determine the client’s alleged blood alcohol level. The blood results were allegedly over a .20 blood alcohol level. Attorney Umansky filed motions challenging the detention, seizure, and blood draw that had been done on her client. The Court granted Attorney Umansky’s motion which would then not allow the prosecutor to introduce the blood results at a trial. As a result, the prosecutor dismissed all charges against the client!
VERIFICATION NUMBER: 2012-TR-102019-A-O
The Umansky Law Firm Criminal Defense & Injury Attorneys
