QUESTION

Do I have a case if I got a DUI and the cops never saw me driving?

Asked on Jan 07th, 2013 on DUI/DWI - Michigan
More details to this question:
I got a dui and I was not driving when the cops showed up. I was outside my car waiting with my friend bacause she wouldn't stop crying and I knew I couldn't keep driving, thats why we were outside waiting for my other friend to drive for me. The cops thought I was really drunk and told me they had stopped me because I was swerving, which is a lie. I have a witness that I was never driving when the cops showed up. What can I do?
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6 ANSWERS

Gary Moore
Fight the charges.
Answered on Jul 17th, 2013 at 12:34 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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If a jury believes you that you were not driving, then you should be found not guilty. So, yes, you have a case and it is a matter of convincing a jury. Hire a good lawyer and your chances of winning improve.
Answered on Jan 13th, 2013 at 8:09 PM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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No one can give you good advice without reading the reports, watching your video, and interviewing your witnesses.
Answered on Jan 09th, 2013 at 10:29 PM

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Michael J. Breczinski
Go to court and have that witness testify at trial. It would contradict what the police say.
Answered on Jan 09th, 2013 at 10:29 PM

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You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. While you have a potential no-drive defense, it won't mean much when you don't have a lawyer who knows what he is doing.
Answered on Jan 09th, 2013 at 10:28 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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I suspect that the authorities will subpoena your girlfriend and have her testify that you were driving under oath, and that should be enough to support a conviction.
Answered on Jan 09th, 2013 at 10:27 PM

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