QUESTION
Do I have a good case for pleading not guilty since I was not operating my car and was a half mile away when arrested?
Asked on Jun 09th, 2015 on DUI/DWI - California
More details to this question:
I slid off an unfamiliar road and hit a tree when it was raining, and the bumper of my car bent into my wheel-well, blocking my front tires from moving. So my friend and I left my car on the shoulder and started walking for a payphone. A cop car pulled up to us about 20 minutes later when I was about a half mile away and started asking us questions and then arrested me for a DUI. Do I have a good case for pleading not guilty since I was not operating my car and was a half mile away when the officer arrested me?
4 ANSWERS
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Jul 27th, 2015 at 2:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It will depend on what you and your friend admitted to the police. Get an attorney.
Answered on Jul 27th, 2015 at 2:47 PM
Criminal Defense Attorney serving Riverside, CA
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Law Office of A. Marie Felsen, Esq.
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We plead not guilty for pretty much everyone. After all, worst thing you can get is a DUI. So, sure, you have good cause to plead not guilty - especially if you were drinking after you left the car. Pleading guilty does not mean you will be found not guilty. Most people who plead not guilty eventually plead guilty to something. If you told the cop you were the driver and had not been drinking since you got out of the vehicle - well, the Police have a good case against you because in California there is no need for a "wheel witness" and the courts will look at the totality of the circumstances in determining your guilt.
Answered on Jul 27th, 2015 at 2:47 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Well, maybe. First, you don't need a good or bad case for pleading Not Guilty. You are entitled to enter such a plea if you want to do so. As to prevailing in court, you should consult an experienced criminal or OWI lawyer, who can review the facts in much greater detail than can be done on this ste. Good Luck.
Answered on Jul 27th, 2015 at 2:47 PM