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Operate or Attempt To Operate.

One celebrity was released from jail today after serving 55 days for a DUI conviction. Bobby Brown served his time after pleading no contest to drunk driving. He will still have to complete an 18 month alcohol treatment program. It is his second DUI in less than one year's time.

Just as Bobby is getting out of jail, another "celebrity" is looking at time. Gainesville, Florida's mayor was arrested this morning for DUI. Law enforcement found him asleep behind the wheel of his car. He was allegedly intoxicated. Also, there was a wreck. He might have a defense regarding whether he was driving. However, it may be doubtful in that specific case.

Operate or Attempt To Operate

In Kansas, the State must prove that the defendant operated or attempted to operate a vehicle. Being behind the wheel of a car would merely be circumstantial evidence of such. As a DUI defense attorney, I have handled numerous similar cases, where there were no witnesses to any actual driving. One of my cases actually got thrown out, based on my argument, before we even had to have an actual trial. While I have defended many drunk driving cases as a Kansas DUI lawyer, rarely do the wins come that easy though.