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Santa Cruz DUI attorney parked carDrinking and driving inarguably puts everyone’s safety at risk. Sometimes, a driver leaves an establishment after consuming alcohol, only to realize that their intoxication was more severe than they originally estimated. Safety-conscious drivers may decide to pull their vehicle to the side of the road, find a rest stop, or even park at a gas station to take a quick nap. Although this decision ultimately prevents a potentially catastrophic accident, it also invites curious police officers to investigate the situation. DUI charges are possible in these cases, even when a drunk driver is parked and sleeping safely inside their vehicle.

DUI in a Parked Car

It is possible to be charged with DUI while in a parked car. However, a police officer must typically be able to show that you voluntarily moved your vehicle before the arrest. Voluntary movement may include something as minimal as a car rolling down a driveway after disengaging the parking brake. Other possible evidence that may show a driver moved their car while intoxicated includes:

  • The engine is warm.
  • The driver is in the driver’s seat.
  • The car is in drive.
  • The vehicle is at the scene of an accident.
  • The keys are in the ignition.

Santa Cruz Camping Ordinances

If someone is sitting in their car and behaving normally, a suspecting cop may not have reason to detain a driver, preventing them from obtaining evidence of a possible DUI. However, the city of Santa Cruz, along with many other California cities, has laws restricting sleeping in public. Many of these laws prohibit owners of registered vehicles from sleeping in their cars, except when there is written consent from the land or business owner granting permission, or in a designated camping area. 

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California DUI defense attorneyCalifornia’s nightlife is artistic, musical, fashionable, and fun. It also ends at two in the morning, which is a bit early for some. A bill, entitled “Let Our Communities Adjust Late Night Act” and introduced by Senator Scott Wiener, could change that by extending the last call until 4 a.m. Supporters believe that the bill’s passing could improve safety for the state’s nightlife crowd, but naysayers are concerned it could increase the volume of drunk drivers on the road. Who is right, and how might the extension impact your risk of a DUI charge? The following explains.

Safety, State Revenue, and Local Venues

Legislators and authorities have long considered California’s nightlife as a problem to “manage,” but that is starting to change. Finally, they see its true potential – a way to increase state revenue and the bottom line of local venues. Part of that could be related to the increasing number of people traveling in and out of the state for leisure activities, but it could also have something to do with the Ghost Ship warehouse fire that killed dozens of music fans. By keeping safe, licensed establishments open longer, similar tragedies are far less likely to occur.

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