"Driving" is still has to be proven in California DUI cases, lawyers remind. The police must be able to present competent evidence of actual volitional movement of vehicle in order to convict for DUI. This article shows some of the possibilities of being able to - vs. not being to prove - driving in a Drunk Driving case in California.
If you have had too much, do not drive. Last night's latest San Diego DUI arrest is a good example.
A twenty-five year old woman was found unconscious in the slow lane on northbound 805 near Clairemont Mesa Blvd just before 1:00 a.m. She must have passed out. A California Highway Patrolman smashed her vehicles window, got inside and stopped the rolling vehicle. The officer ran along side the vehicle with his flashlight. He woke her by tapping on the window but the vehicle kept going. She could not stop it. He as able to stop it and get her out. She had a liquor bottle in the vehicle and was arrested for San Diego DUI. Bail was set at $2,500.00.