Over 100 Not Guilty Verdicts At Trial | Over 2,000 Dismissals

* Statistics Verified by County Clerk of Court Documents

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  • "We are very fortunate to have hired such a wonderful team!!" by A.K., Past Client
  • "I trust this law firm so much that I refer them friends and family. They are always there for you with advice and guidance." by A.S., Past Client
  • "Don Pumphrey is a very respectable and trustworthy person" by Alejandro M.
  • "He takes care of everything from start to finish. If you are looking for the best, go with Don!" by Amanda S., Past Client
  • "If your college kid makes a mistake this is the attorney you need" by Anonymous (AVVO Review), Parent of Past Client
  • "I couldn't have asked for a better law firm!" by Anonymous (Google Review 2), Past Client
  • "Mr. Pumphrey and his staff are true experts at interpretation of the law and worked hard to protect my rights." by Anonymous (Google Review 3), Past Client
  • " I would highly recommend this firm if you want diligent, brilliant attorneys working for you. The proof is in his results!" by Anonymous (Google Review), Past Client
  • "Superlative firm, experienced and professional. Definitely a stand out in Tallahassee." by Austin C., Past Client
  • "I would recommend him to anyone wanting a trustworthy, diligent, aggressive attorney that knows how to navigate the legal system and get the best possible outcome." by B.J., Past Client
  • "The legal and emotional support is unsurpassed." by Braxton O., Wife of Past Client
  • "Would recommend if looking for a law firm that is committed to every case and personal circumstance" by Cameron J., Past Client
  • "I would trust him with my case 10/10 times, A+ lawyer!" by D. Hoffman, Past Client
  • "If you have a fight on your hands, you want Don Pumphrey in your corner." by D. Williams, Past Client
  • "He took his time with my case and made sure to get me the best results." by David H., Past Client
  • "Today, my relative is no longer in the system, having to report on a weekly basis, graduated college & gone on with his carer, having avoided prison - Thanks to Don Pumphrey JR." by Donna J., Relative of Past Client
  • "Best criminal attorney in Florida" by Elizabeth R., Past Client
  • "He went above and beyond to help me in my troubled time." by Eric U., Past Client
  • "Mr. Pumphrey took one look at my case and had all of the charges dismissed" by Evie, Past Client
  • "I have never felt so taken care of from an attorney. " by J. Burke, Past Client
  • "I would recommend them to anyone that is in need of the best legal care available!!! " by J. Martinez, Past Client
  • "When the quality of rest of your life is at stake go with Don trust me he has literally saved my life more then once" by J. Smith, Past Client
  • "[Don] is honest, truthful and the person you want in your corner." by J. Williams, Past Client
  • "Don Pumphrey and his staff will fight unremittingly for your your rights!" by J.C., Past Client
  • "Without question, the best criminal defense attorney in Tallahassee." by J.P.M., Past Client
  • "Saved my life best lawyer ever!" by Jacob S., Past Client
  • "I highly recommend them for your legal needs." by Jane S., Past Client
  • "If you are looking for top-notch legal council either locally or abroad, look no further. Don Pumphrey and his staff will fight unremittingly for your your rights!" by Jeremy C., Past Client
  • "I would challenge anyone to find a more experienced, knowledgeable and result oriented criminal defense attorney anywhere" by Jonathan E., Peer
  • "You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
  • "I will definitely be recommending his firm to anyone I come across that needs legal counsel. Thank you Don! You put our anxiety at ease and established a relationship and referrals for a lifetime!" by Kim S., Past Client
  • " I am very grateful for their help and would recommend contacting them for your legal troubles" by L.C., Past Client
  • "Highly recommended if you need the best representation" by L.L., Past Client
  • "Don can minimize your momentary lapse in judgement!" by Laura B., Past Client
  • "They were there for me every step of the way and I never felt like just another case to them." by Lauren J., Past Client
  • " Don Pumphrey is the best attorney in Florida." by Luke S., Past Client
  • " He's a great person and cares very much about his clients." by M.G., Past Client
  • " I would gladly recommend his law firm to represent you or anyone else. They are the real deal." by M.H., Past Client
  • "His dedication to his clients and office is remarkable." by Matt D., Past Client
  • "His passion for justice is second only to his unwavering commitment to his clients." by Michael M., Past Client

DUI with Actual Physical Control in Florida

Driving under the influence of alcohol or drugs cases can be charged and prosecuted even when the person arrested was not actually driving the vehicle. The concept of “actual physical control” is one of the most confusing aspects of DUI cases in Florida. It is important to understand the concept of actual physical control. Law enforcement officers sometimes affectionally call these cases “parking while impaired.”

So what happens if an officer finds you sitting in your vehicle? Under limited circumstances, the officer can ask you to exit the vehicle and begin a DUI investigation even if the officer never saw you driving. Despite the fact that these cases are common, prosecutors usually have a more difficult time proving these cases at trial. Motions to suppress and exclude evidence because of an illegal detention or arrest are more common.

The attorneys at Pumphrey Law have years of experience defending clients in DUI cases throughout North Florida. Our attorneys can help you protect your rights while fighting for the best possible resolution in the case. Call (850) 681-7777 to schedule a free case evaluation. Pumphrey Law represents individuals charged with drunk driving throughout Tallahassee in Leon County and the surrounding areas such as Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County and Quincy in Gadsden County.

Pumphrey Law represents individuals charged with drunk driving throughout Tallahassee in Leon County and the surrounding areas such as Bristol in Liberty County, Crawfordville in Wakulla County, Monticello in Jefferson County and Quincy in Gadsden County.


Information About Actual Physical Control Laws


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What Does Actual Physical Control Mean?

Actual physical control is a term used in Florida law meaning the person must be physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether he or she is actually operating the vehicle at the time. If a person is found to be in actual physical control of a vehicle while under the influence of drugs or alcohol, that person could face DUI charges.

For example, if an intoxicated person is sitting in the driver’s seat of a vehicle with the keys to the vehicle either in the ignition or within the easy reach of the driver, the prosecutor might be able to establish that the driver was in actual physical control of the vehicle.

This term often applies in DUI cases when a driver pulls over to “sleep off” the intoxication. If the person remains in the driver seat, he or she again could be considered in actual physical control of the vehicle, whether or not the vehicle was turned on.


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Proving Actual Physical Control in DUI Cases

For actual physical control cases, the prosecutor often has a difficult time convincing the jury to return a guilty verdict. It sometimes can be difficult to prove the accused was in actual physical control of the vehicle. Factors examined by the courts include the following:

  • whether other evidence shows the defendant drove the vehicle to that location or planned to drive away from that location;
  • whether the keys were in the engine;
  • whether the engine was running or still warm;
  • whether the lights were on inside the vehicle;
  • whether the driver’s foot was on the break or gas pedal;
  • whether the driver tried to put the car in drive;
  • whether the defendant’s rear end was sitting in the driver’s seat; or
  • whether the seat was reclined or upright.

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Finding A Tallahassee Lawyer for Actual Physical Control DUI Cases

If you have been charged with a DUI for being in actual physical control of the vehicle, contact the skilled and experienced DUI defense attorneys at Pumphrey Law. DUI convictions can have a lifetime of consequences even after the criminal case is resolved in court. Whether you are charged with a first offense or have a prior, we can help.

We help clients charged with DUI after a breath, blood or urine test. We also fight cases involving a refusal to consent to testing.

Call (850) 681-7777 to schedule a free case evaluation.


This article was last updated on Thursday, September 15, 2016.