Everybody knows that if you are under the influence, know you should not
drive under the influence and want to "sleep it off" in your car, you
need to make absolutely sure that your keys are not in the ignition.
However, cars that have a push-button ignition have created some
problems for drivers around the country.
There are some states where police and prosecutors are trying to make
that case that if you have your keys in your pocket, it is the same as
having your keys in the ignition as the car's computer "searches" for
the key to allow operation of the vehicle. This is a very subtle and
interesting point of law.
It is certain we will be seeing cases where defense lawyers state that
only if the car's motor is actively engaged, i.e., the ignition button
has been pushed and activated, is the car actually in operation.
Prosecutors and police may come back and say that putting the key in the car is the first step, much like putting the key in the ignition is the first step to turning on a traditional key operated car. We await the courts' rulings.
If you have been accused of domestic violence and if you live in
Burlington, Essex, Colchester, Winooski, Williston, Shelburne or
anywhere in the state of Vermont, and have been arrested or charged with
DUI or any crime, call Handy Law for aggressive and experienced legal