Can a person in the State of Kentucky be convicted of a DUI for sleeping if they keys were not even in the vehicle? They have a statement from a witness that claims he was driving previous. They have a reciept from a store 3 hours prior that he purchased beer.
Answer
If the keys were not in the car, let alone the ignition, then the prosecutor will have a very difficult time proving operation which is a required element for guilt under Kentucky's DUI statute.
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