More details to this question:
I recently was coming home at 2:45 am. I was pretty close to home about a mile. However, before I could make it home I was involved in a accident. I went to stop at a stop sign and slid through and hitting a parked car. The home owners came out yelled the cops were called. When the cops came they never saw me in the vehicle. In the police report the witness never saw me in the car. Must they prove I drove? Are witness' statements enough to convict me because I believe the cops will ask the home owners to testify in court. But in the police report the homeowners were never mentioned. Just some guy that claims he saw me speeding and never saw the impact. The police report also said that I admitted to driving the vehicle. I am seeking to have some evidence such as the FST's suppressed because of injury and weather conditons (ice and snow). He also said I was uncoopertative but the video tapes of the blood testing center will show other wise. My BAC was .19. Thanks!
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They need to establish you were operating a motor vehicle. Civilian witnesses can be used to testify against you and convict you. Also, if the cops have you standing next to a wrecked vehicle that you own, you appear to be intoxicated and nobody else was seen fleeing the scene, you may be convicted on this type of circumstantial evidence.
Answered on Feb 19th, 2013 at 7:21 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900