Definition of Operating a Vehicle in Dedham OUI Cases
The definition of operating a vehicle in Dedham OUI cases legally means the control of a vehicle. The law says someone manipulates the gear shift, the keys, and the ignition. The car does not technically have to be running to prove operation. Speak with a distinguished OUI attorney about how OUI law can impact your case.Common Places Someone Can be Arrested for an OUI
On some occasions, the person leaves the scene of an accident and returns to their home. The police get the plate number and visit the person’s home and arrest the person. When the person is arrested inside their house; that creates a good legal argument for the defense lawyer. Any arrest in someone's home is presumptively unreasonable. There is case law from US Supreme Court saying that a law enforcement officer cannot go into someone's house without a warrant.
Understanding the definition of operating a vehicle in Dedham OUI cases, also means understanding that someone could be arrested for an OUI anywhere. Sometimes the arrest does not happen right away if the person goes to the hospital. The officer might come to the hospital or might just issue a citation days after the accident. Sometimes people are not formally arrested for OUI and that is usually after a car accident when they go to a hospital.How Can the Prosecution Prove the Accused was Operating the Car?
The prosecution must prove that the person manipulated the gear shift and the keys in the car. When the keys are in the ignition, the prosecution claims that proves operation. The keys are in the ignition, the lights were on, or the engine was warm to touch. In some cases, someone is pulled over to the side of the road after an accident and the car is going not running. The prosecution must prove the definition of operating a vehicle in Dedham OUI cases. They can claim that the person drove the car because they own the car. It appeared to be driven and no one else was in the area.Benefit of Hiring an OUI Attorney
When a person hires an attorney for an OUI for drugs or alcohol; there is an assumption of confidentiality between the attorney and client. The person wants to let the attorney know as much about the case as possible and about their background because it might help explain an observation of the officer. There might be something the attorney wants to avoid when they question the officer; so there are a lot of different reasons why that information might be important.