November 5th, 2013 at 10:12 am
According to the Palos Patch, Palos Heights police were dispatched on a report of a suspicious vehicle in the neighborhood. This call led to the arrest of 26-year-old Nikola Zecevic.
When law enforcement officers arrived on the scene, they observed Zecevic asleep in his vehicle. When police woke him up, he displayed signs of being intoxicated. He allegedly failed all of the field sobriety tests and he was given a breathalyzer, which showed that he had a blood alcohol level over the legal limit. He was arrested for DUI and he was given a bond of $3,000.00.
In this case, although he was not driving the vehicle at the time, a provision of the law known as care and control comes into play. If the intoxicated person is sitting in the driver’s seat of the vehicle, he is control of the car. Some people are under the misconception that if the keys are not in the ignition, there can be no charges. Upon going to court, the person charged or his Illinois DUI lawyer has to prove that the person had no intention on driving the vehicle.
Another misconception is that sitting in the back seat of the vehicle to sleep it off will deem you safe from prosecution. This is also not true. At any moment, in an intoxicated state, you may change your mind and decide that you can drive home. It does not matter whom the car belongs to or where the car is.
Therefore, if you decide to park in front of your own home and you pass out before you can make it inside, you can be arrested. If you decided to leave your drunken friend in the car to let him get some sleep because you don’t feel like carrying him, he can be arrested.
The safest way to go is to have a designated driver when you know you will be drinking or leave the car at home. If you are someone you know is in need of an experienced Illinois DUI attorney, contact Ramsell & Associates, LLC, by calling 1-800-DIAL-DUI.