QUESTION
How am I the one who gets the Driving Under the Influence?
Asked on Oct 01st, 2013 on DUI/DWI - Florida
More details to this question:
I was the passenger in my own car. My girlfriend was pregnant at the time and could not drink. A friend was in the back seat. We got a flat tire. I woke up and the two others had left to meet somebody for a ride and would come back for me. I woke up seen they were gone and got out of the car looked at the tire and got back in the passenger seat. We were called in and a witness said he seen me shut off the car and crawl out of the driver’s seat.
7 ANSWERS
Michael J. Breczinski
You have to have the others in the car testify at trial that the person was wrong.
Answered on Oct 07th, 2013 at 5:39 AM
Via circumstantial evidence. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Oct 02nd, 2013 at 4:17 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Clearly you have a viable defense to your charges. However, the witness places you in the vehicle and in Massachusetts, simply being in the vehicle with the keys in the ignition is prima facie evidence of operation.
Answered on Oct 02nd, 2013 at 3:30 PM
1 Award
Based on what the witness said, the police think you were driving. You have a very good argument to make to the jury: you were never driving and therefore are not guilty of DUI. Hire a good lawyer to help you make the argument and you should be acquitted.
Answered on Oct 02nd, 2013 at 1:34 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You answered your own question. A witness saw you.
Answered on Oct 02nd, 2013 at 1:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should make an attempt to defend yourself on this charge with these facts.
Answered on Oct 02nd, 2013 at 1:30 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Talk to your attorney but under Florida law you may be liable due to actual physical control.
Answered on Oct 02nd, 2013 at 1:29 PM