Q: Attorney Tully, I got arrested for drunk driving. I was in my car when the cops arrived and the car was running. But I was not driving my car. Now what?

A: The key is whether the Commonwealth can show you were in actual physical control of the movement of your car. The Pennsylvania Superior Court this month overturned a DUI conviction of a drunk Defendant found sleeping behind the wheel of his pickup truck in a parking lot. The Court found no evidence that the Defendant had been driving or that he intended to drive. He was apparently just sleeping it off. Call me for a free consult.