QUESTION

What if the driver left the scene before the officer shows up and i am stuck pushing the car out of a ditch but i had alcohol on my breath?

Asked on Apr 28th, 2012 on DUI/DWI - Virginia
More details to this question:
i was drinking my driver had a few drinks and my driver ran of the road and into a ditch then left me to push my car out of the ditch... while i was pushing my car out of the ditch a cop pulls up and gives me a reckless driving ticket and a DUI/DWI and this will be my second one so i''m wondering if my driver comes forward will they get these charges or will I??? i paniced when the cop asked me what happened so i said i did it which is not true....my driver is willing to come forward to say they was driving but they do not want to be charged.... Will that change anything ????
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You are in a tough situation because you admitted to the cops you were driving.  That can be used against you in any trial.  It is certainly a defense to argue someone else did it.  We would have to subpoena your friend, who might not want to answer questions on the witness stand. Any question they are asked relating to whether they committed the crime would potentially allow them to invoke the 5th amendment right against self-incrimination.  They are not likely going to want to take the blame for this.  If this is your second DWI in 5 years or 10 years, you are likely facing tougher penalties this time.  It is also relevant what your blood alcohol content (BAC) was and whether you declined to take the BAC test or submit to any field sobriety tests.  Finally, another option would be to tell the Commonwealth about this, and offer to testify against your friend in return for the charges being dropped against you.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.
Answered on May 04th, 2012 at 4:15 PM

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