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An offense for driving under the influence on private property in Milton is serious and may carry significant penalties. If arrested for drunk driving on private property, it is critical that you consult with a Milton DUI attorney immediately after being accused.
An experienced Milton DUI attorney may be able to persuade the local prosecutor to reduce your first DUI offense charge to something lesser. Your case will most likely be heard at Quincy District Court by either judge or jury.
Defining Private Property
DUI or Driving Under the Influence of Alcohol in Milton, Ontario can be an extremely serious offense that carries jail, fines and other severe penalties if found guilty. A good Milton DUI Lawyer may convince the prosecutor of your innocence so that your charges may be dropped or reduced to reckless driving charges instead.
Your Milton DUI attorney will investigate every aspect of your initial stop and arrest to identify any mistakes that can be exploited in court. A few pieces of solid evidence could cause doubt in the minds of jurors that will cast their votes accordingly, casting doubt upon your guilt beyond reasonable doubt.
Your lawyer will also challenge the validity of any field sobriety tests or breathalyzer test results administered to you by Milton police officers, and determine if their random roadside sobriety checkpoint protocol was followed, and whether any video of your test was captured on their dashboard camera.
Stopping a Vehicle on Private Property
Many states have DUI laws which make it unlawful to operate a vehicle while under the influence of alcohol anywhere the law considers “public property,” such as highways, roads, streets, thoroughfares, bridges or berms. Many of these laws extend to include private properties open to the public such as shopping malls parking lots office buildings schools etc.
Courts have interpreted this language to mean that driving under the influence is illegal on private property that is open to the public for business or entertainment, such as parking lots, stadiums and driveways of multi-family residential dwellings.
If you have been arrested for DUI on private property, an experienced Milton DUI attorney can help defend against your charges. Being found guilty can have serious repercussions such as jail time, fines, community service, license suspension and alcohol education treatment programs; with their expertise they may help find solutions such as reduced DUI charges to reckless driving GA that may help minimize jail-time and minimize impact on life.
Arresting a Driver on Private Property
State law that prohibit driving under the influence of alcohol includes all public properties – highways, roads, streets, thoroughfares and bridges – while private properties that are accessible to the general public, such as parking lots in shopping centers can also fall within this framework.
Imagine this: After overindulging at a party, you decide to sleep in your car in your driveway parked there while under the influence of alcohol and cause an accident that results in injuries or fatalities – whether caused by yourself or others – while under its influence, this action may result in charges such as vehicular manslaughter as well as DUI charges being filed against you.
Even without prior convictions on your record, a DUI charge in Milton can have devastating repercussions that will change your life irreparably. A skilled Milton DUI lawyer can help protect you against the harsh penalties associated with this offense; one who has experience handling such cases before both the Municipal Court and Fulton County State and Superior Courts is essential in reaching a fair resolution of your case.
Defending a Driver Arrested on Private Property
Arrests for DUI often occur on public roadways, but it’s also possible to be charged when driving on private property. State law and its officials who enforce it extend to private property just like they would to public lands with laws covering zoning, building, and land-use regulations.
Police typically need either a warrant or reasonable suspicion that you have committed DUI in order to pull over and investigate your vehicle for suspected DUI, but if you’re driving through a gated community or private driveway the rules could differ and make defending yourself more challenging.
Our Milton DUI lawyers regularly appear in municipal court in Milton and understand what strategies can be employed when fighting your case. If you were charged with DUI on private property, reach out immediately so that we may discuss it together with our team of legal professionals.
