www.charlesjeromeware.com " Here to make a Difference."
For an initial courtesy consultation, contact premier DUI and DWI defense attorney Charles Jerome Ware at (410) 720-6129. He can help you.
A key Maryland case establishing both DUI and DWI defenses of (1) the "Stationary Shelter" Doctrine as well as (2) the " sleep it off " defense is : Boyce Cornelius ATKINSON vs. STATE of Maryland, 331 Md. 199 (1993), 627 A.2d 1019.
The issue in the case was whether the appellant/defendant who was sitting intoxicated and asleep in the driver's seat of his car, lawfully parked on the shoulder of the road, with the keys in the ignition but the engine turned off, was properly found to be in "actual physical control" of his vehicle and thereby convicted of driving while under the influence (DUI).
. The answer is "no". Because the Court properly believe the appellant/defendant was not in "actual physical control" of his car, as contemplated by Maryland Code (1977, 1992 Repl. Vol), Transportation Article, Section 21-902, his conviction was reversed.
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