QUESTION
Can one be charge with driving even though he wasn't and no videos in either cop cars can tell that?
Asked on Apr 23rd, 2014 on Criminal Law - Georgia
More details to this question:
My cousin got arrested about 6 month ago driving a foursider. He and his girlfriend had been at a party didn't run this time refused to blow charged him DUI that's still pending. He was bailed out and was given thing blow in to drive last weekend. His girlfriend was driving and saw 2 cop cars. They had been mushroom hunting and had a few drinks. He told her to gas it and went half way across a field. She stopped cops is saying he was driving. He wasn't I guess because they ran charged him DUI. He wouldn't blow. They didn't ask her to blow until they got to station. She passed my uncle owns the side by side they are saying they are keeping it. It is paid off. Can one be charge with driving even though he wasn't and no videos in either cop cars can they take my uncles Side By Side?
3 ANSWERS
3 Awards
Many issues. I have had cases dismissed on the other person was driving. I have also won these at trial. An off-road vehicle that is not licensed for on road travel should not result in drivers license consequences. A motion can be filed to return the foursider. There is no reason to impound it. Any evidence that could have been collected should be done by now. There may not be videos - many cops do not have these in their cars. It would be valuable to get an attorney to help.
Answered on Apr 25th, 2014 at 5:15 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Needs to fight it. The D in DUI stands for driving and the state needs to prove HE was the one driving.
Answered on Apr 24th, 2014 at 6:21 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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I'm sorry, but the details you have provided about your case are very hard to follow. Anyone charged with a DUI needs an attorney. I would recommend contacting a local criminal defense lawyer for a consultation. Maybe the facts will be easier to understand if you explain them in person.
Answered on Apr 24th, 2014 at 1:07 PM