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DUI Defense: No Actual Physical Control

The DUI law in Arizona used to read that any intoxicated person sitting in a car with the keys in the ignition is in “actual physical control” of their car. However, in 1995, David Michael Cantor took the case, State vs. Love, to the Arizona Supreme Court in order to change the law. He argued and won the case. Since 1995, the definition regarding whether a person has actual physical control of their vehicle while intoxicated depends on a totality of the circumstances. For example, if a person pulled over and stopped only to turn the air conditioner or heater on, then they cannot be charged with being in physical control of their vehicle. Other situations where a person would not be in “actual physical control” of a vehicle would be if a person is sitting in the car and waiting for a ride, or if an intoxicated driver is “sleeping it off”. David Michael Cantor has argued and won countless cases pertaining to individuals being charged with DUIs.

Watch this short video about the DUI Defense, No Actual Physical Control:

Each case is different, but our firm is very good at defending DUI cases. We defend individuals who may not have been in actual physical control of their vehicles during their brief intoxication. Some of the possible indications of the ‘No Actual Physical Control’ DUI defense are: if the engine or parking brake were on or off during the arrest; if the car was off the main travel road; if the car was in neutral; and if the car was in a bus pullout, parking lot or outside of a drive-thru. These are instances where attorneys can argue that the individual, though intoxicated, was not in actual physical control of their vehicle because the vehicle was not moving or putting anyone in harm’s way. However, it would be hard to argue if a person was passed out a green light, hit a pole or blew out their tires while intoxicated. This is evidence that the person was intoxicated and in actual physical control of their vehicle prior to passing out.

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If one of these situations applies to you, then contact our offices at 602-307-0808 or send us an email to get a Free Case Consultation. We are ready to discuss your case with you and find the best possible defense for your case.

 

 

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10.0 Superb Rating AVVO Criminal Defense

10.0 Superb Rating
AVVO Criminal Defense

AV-Highest Rated Preeminent Lawyers Martindale-Hubbell

AV-Highest Rated Preeminent Lawyers
Martindale-Hubbell


Life Member
National Association of Criminal Defense Lawyers

Super Lawyer Criminal & DUI Defense

Super Lawyer
Criminal & DUI Defense


Board Certified in DUI Defense Law **
National College for DUI Defense

Ranking Arizona

Voted #1 (2020)
Ranking Arizona

Nation's Top 1% Attorney National Association of Distinguished Counsel

Top 1% Attorney
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Top 100 Trial Lawyers (Criminal Defense) American Trial Lawyers Association

Top 100 Trial Lawyers
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American Trial Lawyers Association

Top 10 DUI/DWI Law Firm American Institute of DUI / DWI Attorneys

Top 10 DUI/DWI Law Firm
American Institute of DUI / DWI Attorneys

Client Satisfaction Award American Institute of DUI / DWI Attorneys

Client Satisfaction Award
American Institute of DUI / DWI Attorneys

Top 100 Lawyer American Society of Legal Advocates

Top 100 Lawyer
American Society of Legal Advocates

Member National College for DUI Defense

Member
National College for DUI Defense

Top 10 Attorney National Academy of Criminal Defense Attorneys

Top 10 Attorney
National Academy of Criminal Defense Attorneys

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Trial Masters

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Lifetime Charter Member Best Attorneys of America

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Best Attorneys of America

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American Bar Foundation

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America's Top 100 Criminal Defense Attorneys

Member
America's Top 100 Criminal Defense Attorneys

Member American Association for Justice

Member
American Association for Justice

Life Member Arizona Attorneys for Criminal Justice

Life Member
Arizona Attorneys for Criminal Justice

Superior DUI Attorney National Advocacy for DUI Defense

Superior DUI Attorney
National Advocacy for DUI Defense

Superior DUI Attorney National Advocacy for DUI Defense

2019 Litigator of the Year
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American Institute of Trial Lawyers

Member Since 1989 American Bar Association

Member Since 1989
American Bar Association

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DM Cantor

Call 24/7 602-307-0808

40 N Central Ave, Ste 2300
Phoenix, AZ 85004
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