PC §707(F) - DRIVING UNDER THE INFLUENCE & DAMAGE PROPERTY

CLASS D MISDEMEANOR

Section 1: Definitions

Driving under the influence (DUI) is defined as operating a motor vehicle while impaired by alcohol, drugs, or a combination of both, to the extent that it affects the driver’s ability to operate the vehicle safely. Damage to property refers to any physical harm or destruction caused to public or private property as a result of the driver's actions.

Section 2: Offenses

To prove driving under the influence and damage to property, the prosecution must establish the following elements beyond a reasonable doubt:

  1. The defendant operated a motor vehicle on a public roadway.

  2. The defendant was under the influence of alcohol, drugs, or a combination thereof, impairing their ability to operate the vehicle safely.

  3. The defendant's actions caused damage to public or private property.

  4. The defendant acted knowingly and without legal justification or excuse.

Section 3: Rights Related to Driving Under the Influence

Individuals have the right to operate a motor vehicle free from the impairment of drugs or alcohol. Engaging in driving under the influence that results in property damage is unlawful and subject to criminal penalties under this code.

Section 4: Defenses

Defenses to a charge of driving under the influence and damage to property may include, but are not limited to:

  1. Lack of Impairment: The defendant was not impaired at the time of driving, and their ability to operate the vehicle was not affected.

  2. Insufficient Evidence: The prosecution failed to provide sufficient evidence that the defendant caused the property damage.

  3. Necessity: The defendant was compelled to operate the vehicle to prevent imminent harm to themselves or others.

  4. Mistaken Identity: The defendant was not the person operating the vehicle at the time of the alleged incident.

Section 5: Penalties

Penalties for driving under the influence and damage to property can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

  • Jail Time: Up to 40 seconds of jail time.

  • Bond Set: $4,000.00, subject to adjustment based on the jurisdiction’s regulations.

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