Boston DUI Lawyers Blog
Anthony Diamantakis, 34, was arrested this past week on Massachusetts Drunk Driving Charges after he was discovered sleeping behind the wheel of his car, and allegedly under the influence.
According to the Stoneham Police Department, officers responded to a parking lot on Audubon Road to investigate a man who had been sitting in his car for a long time. As officers approached the car, they allegedly observed Diamantakis asleep at the wheel of the car, with the engine running.
After waking Diamantakis up and speaking with him, Stoneham Police were somehow able to determine that he was ‘under the influence of alcohol’, despite, it appears, him not performing any Field Sobriety Tests or taking a Breathalyzer Test.
Anthony Diamantakis was ultimately arrested for Operating Under the Influence, First Offense.
Can You Be Arrested for OUI / DUI If the Car is Not In Motion?
The short answer is, yes. The Massachusetts Supreme Judicial Court recently addressed the issue of whether an intoxicated driver can be found guilty of DUI / OUI in Massachusetts where, although the key was in the ignition, the car was not ‘on’ and not in motion.
For purposes of ‘operating under the influence’ cases, Massachusetts law defines “operation” as anytime a person intentionally does an act or makes use of any mechanical or electrical agency, which alone or in sequence, sets in motion the motive power of the vehicle.
Therefore, under the law, simply turning the key to the “on” position could constitute part of that sequence that could set the vehicle’s engine in motion, and is, therefore, considered to be “operation” for purposes of an OUI / DUI.
In the case of Anthony Diamantakis, if he was behind the wheel and the engine was running, there is no question that he was ‘operating’ the car. The issue of attack in his case, then, is whether he was operating while under the influence of drugs or alcohol.
In challenging the DUI Charges in this case, as in many similar cases, the issue is not only whether he was ‘under the influence’ in the first place, but also whether his being under the influence affected his ability to safely operate the motor vehicle. Without any additional evidence that actually drove and wasn’t able to do so in a safe manner (e.g., he was observed speeding; not able to stay in his lane; etc), it appears he may have a strong challenge against the prosecution’s case.
Massachusetts Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation on all Drunk Driving Crimes.
To schedule a Free Consultation, Click Here to Contact a Boston DUI / OUI Lawyer or call 617-325-9500.