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Physical Control

Physical Control ViolationA physical control charge can often be confusing for individuals. Unlike with a DUI, it does not necessarily involve “driving” but rather being in “physical control” of the vehicle while under the influence. Despite the lack of driving, the State will essentially treat a “physical control” charge just like a DUI. The thinking behind this treatment is that you are one step away from driving, you have been driving but they cannot prove it, or you intended to drive but somehow didn’t – thus, you should be treated as if you actually had been drinking under the influence.

Just like a DUI, a Physical Control charge is a gross misdemeanor, which means the maximum penalty is 364 days in jail and a $5,000 fine. A conviction comes with mandatory jail, fines, court ordered treatment, license suspension, ignition interlock requirement, and probation. If you have had a prior DUI or physical control charge which resulted in a criminal conviction (but not necessarily a conviction of a DUI or Physical Control), you could also be facing stiffer penalties.

A classic example of physical control is when the police find an individual passed out in the driver’s seat of a vehicle with the keys in the ignition. While that person might claim they were simply trying to sleep and sober up, the State will claim you were in physical control of the vehicle while intoxicated. In many instances, that individual intended to drive but passed out before they had a chance to or they had been driving but passed out while doing so.

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Great service and follow up. Its a scary thing when you need a lawyer but Jason and his team make it less so. Very happy with our outcome. Scott Thibeault
"I can't say enough great things about Jason Newcombe Law Office. I am retired military and I highly recommend Jason Newcombe Law Office. I reached out to Jason's office after sitting for hours reviewing multiple Domestic Violence Law Offices in King County. He responded before that day was over. I spoke with Jason's both in-person and by phone; felt very comfortable with his years of experience and straight talk. He took on my case, took me through the process with sound advice. The Attorney Erin Lane who accompanied me with my court appearances; can't praise and thank her enough for her time, selflessness and educational information prior to each court appearance. She made a really daunting task for me less fearful, given such grim circumstances. I am forever grateful for Jason and the Team of Attorneys." Tommy Harville
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