I got a dui and I was not driving when the cops showed up. I was outside my car waiting with my friend bacause she wouldn't stop crying and I knew I couldn't keep driving, thats why we were outside waiting for my other friend to drive for me. The cops thought I was really drunk and told me they had stopped me because I was swerving, which is a lie. I have a witness that I was never driving when the cops showed up. What can I do?
If a jury believes you that you were not driving, then you should be found not guilty. So, yes, you have a case and it is a matter of convincing a jury. Hire a good lawyer and your chances of winning improve.
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. While you have a potential no-drive defense, it won't mean much when you don't have a lawyer who knows what he is doing.
I suspect that the authorities will subpoena your girlfriend and have her testify that you were driving under oath, and that should be enough to support a conviction.
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