QUESTION
Can I be convicted of a DUI even if I wasn't behind the wheel?
Asked on Oct 14th, 2013 on DUI/DWI - Michigan
More details to this question:
There is a bar across the street from my house and a friend drove my car into a wall at the bar. The wall has no damage. He drove me home and left. Then this other friend I met up with at the bar (same bar) joined me in the car. She was sitting at driver's seat without keys even in hand and I was in the passenger side. A cop pulls up and takes us into custody but not to jail. How can I be convicted if I didn't break the law?
7 ANSWERS
Michael J. Breczinski
It sounds like they do not have? good case against you.? Get a good lawyer and fight.
Answered on Oct 17th, 2013 at 1:38 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You can't. But that doesn't mean you can't be arrested and charged. You need to lawyer up and fight this one.
Answered on Oct 15th, 2013 at 7:33 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will need to review the police reports. Yu should talk to a criminal defense attorney.
Answered on Oct 15th, 2013 at 3:39 PM
You can, because they can use circumstantial evidence to show you "were" behind the wheel at one point. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 15th, 2013 at 1:00 PM
2 Awards
Your question is a bit confusing. The short answer is even if no one saw you driving, you can be convicted of a DUI. That being said, you could have a good defense to the charges - in that you were not driving. It's the prosecutions burden to prove driving, not yours to disprove it. I would recommend consulting and hiring a local DUI attorney to defend you in the charges.
Answered on Oct 15th, 2013 at 12:21 PM
James Edward Smith
Obviously the cops don't believe you. They have enough circumstantial evidence to go forward.
Answered on Oct 15th, 2013 at 10:08 AM
First of all, you had better hire a lawyer. The prosecutor has to prove that you were driving.
Answered on Oct 15th, 2013 at 10:01 AM