DUI on Railroad Tracks: What You Need to Know

By Jonathan Blecher on March 3, 2020

Florida has earned its reputation for the bizarre. On this past New Year’s Eve, Luis Rojas, 19, with more than twice the legal limit (.18) was found asleep behind the wheel on an unused part of the CSX railroad tracks in West Palm Beach. His car had been sideswiped by a commuter train, but he denied that he was on the railroad tracks. He claimed his car’s GPS led him there.

According to reports, he was charged with DUI property damage and posted bond.

What are the elements of an Actual Physical Control case in Florida?

  • Actual, or constructive possession over the key to the vehicle.
  • Driver is in the driver’s seat, passenger seat or passenger compartment.
  • Evidence that the vehicle was operable.

For over 30 years and over 3,000 DUI cases, Miami DUI Lawyer Jonathan Blecher has been using creative defenses such as these to successfully defend otherwise nice people charged with DUI. Call us for a free, no-obligation consultation. 305-321-3237 – office.

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