QUESTION
Can I be convicted of dui if I wasn't driving and I was in passenger seat when a witness found me?
Asked on Mar 13th, 2013 on DUI/DWI - Michigan
More details to this question:
I was drunk. Someone was driving my truck and crashed it and left me there in truck and passed out. I was taken to hospital and treated but cop charged me with dui.
6 ANSWERS
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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The question is not if they can charge you but if they can convict you. They will have to prove beyond a reasonable doubt that you were driving and not just a passenger. Retain the services of a good DUI attorney in your area.
Answered on Mar 14th, 2013 at 8:21 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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You need a lawyer and witnesses to prove that you were never driving would help considerably. I suppose the person who was driving won't admit to it since he left the scene; however, he could be subpoened, and if he lies, a witness who saw him driving would help. The prosecutor would have a hard time proving you were at the wheel unless they had witnesses saying you were, or if you admitted to it while at the hospital. I would contact an attorney in your area to fight this, as it sounds like you have a very good defense.
Answered on Mar 14th, 2013 at 10:53 AM
Michael J. Breczinski
There is a possibility to do this. You want the actual driver to come to court if possible.
Answered on Mar 14th, 2013 at 6:42 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get a good attorney now, there is evidence with you will need to preserve from the truck. It is a circumstantial evidence charge and will be very fact driven.
Answered on Mar 14th, 2013 at 5:46 AM
Criminal Defense Attorney serving Ann Arbor, MI
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Law Office of Laurence H. Margolis PC
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If you are not operating a motor vehicle while under the influence, you should not be able to be convicted of OWI. With that being said, people are often charged with crimes they do not commit.
Answered on Mar 14th, 2013 at 5:46 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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That's a tough case for the prosecutor. Call a qualified DUI lawyer.
Answered on Mar 14th, 2013 at 5:42 AM