Physical Arrest
Physical Control Lawyer
There are few things more confusing than a ‘physical control’ arrest. The fact that there is no clear definition of what physical control is does not help. This explains why so many of our clients facing a physical control charge aren’t really sure what they may have done wrong.
Here’s a solid fact: a Physical Control charge is serious. When you are arrested for physical control, you face two legal actions - in criminal court and with the Department of Licensing (DOL).
A conviction carries the same penalties as a DUI conviction: a fine, mandatory alcohol treatment program, jail time, suspended driver’s license, and more. The charge is confusing, everything after that is a blur. A stressful, scary blur. Don’t try to go it alone. You need help as quickly as possible to save your driver’s license and stay out of jail. Contact Knauss Law Firm.
Physical Arrest
What is Physical Control?
A car is pulled off to the side of the road. Someone is sleeping. The keys may or may not be in the ignition. There's a whiff of alcohol or pot in the air. A police officer checking out the car can assume that the driver - at some point - drove while under the influence of something. The charge is physical control.
That's fairly clear cut, but physical control rarely is and there is no clear definition in the law to follow.
What Can Happen?
It comes down, then, to several 'factors'. Which seat were you in? Where and how is the car parked? Where are the keys? Where in the car is the driver? Have they left the car but are still nearby? Is there an open bottle? The smell of alcohol or pot?
There's more, and it all adds up to a ton of variables and the way a law enforcement officer interprets them. Physical control is often a "I know it when I see it" charge.
Between the criminal court and the DOL, if convicted you're facing
Class A felonies- Felony DUI and Physical Control
- Violent Offenses against children
- Violent Offenses with a deadly weapon or sexual motivation enhancements
- Any assault conviction, regardless of the class or degree, where the victim was a law enforcement officer.
These can have ongoing repercussions in your personal, family, and business life.
Contact Us
What To Do
Do not wait, contact the Knauss Law Firm as soon as possible. While the facts are fresh in your head.
We will protect your rights moving forward.
Physical Control is a confusing charge that many legal professionals feel is plainly unfair as it punishes drivers who are trying to be responsible – for themselves and the public.
That confusion and perceived unfairness, along with the many variables and how they are interpreted by the arresting officer, leave room for a strong defense. That starts with you. We work with you from our first meeting to strategize a defense. We will scour the police reports and start our own investigation. We will do everything in our power to eliminate or minimize the effects a physical control arrest will have on you and your family.
425-300-5566