Arizona DUI Lawyer David M Cantor talks about the dui defense of “no actual physical control”. If a person has had too much to drink, pulls off the roadway, leaves the engine running with the A/C or heater on, and attempts to “sleep it off”, then they are not in “actual physical control” of their vehicle and are not guilty of DUI or DWI.
In 1995 David M Cantor took a case to the Arizona Supreme Court where his client had decided to stop his car and sleep with the Air Conditioner on. David won this case and set the precedent for the no actual physical control defense.
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