QUESTION
Do I have enough subsequent evidence to have my DUI case dismissed or at least have the charges lowered?
Asked on Mar 30th, 2013 on DUI/DWI - California
More details to this question:
My arrest was Monday night around 1:44AM. I was arrested for a DUI, driving with a suspended license, no insurance, failure to maintain a lane and failure to notify authorities of an accident. The suspended license is able to be debated I know because I have my letter of release from when I paid my ticket for speeding. It was just never taken to the DMV for verification but I have the proof that it was paid before the accident. That is the least of my worries. I have every reason to believe that I was not driving the vehicle. I have at least three people that will testify for me that a guy drove me home. We know his name and address. He is an ex boyfriend. I know his family. The accident also happened less than two houses away from his home. Apparently I blacked out after a few drinks with my friend Paige and Nikkie, they both left me so I was going to call my dad or my fiancé to come get me but after My friend left all I remember is giving her a hug. I was found a mile and a half away from the scene. With no proof or witnesses that I was driving. They took me immediately to the ER and because I was the only one they could find; granted my ex could have just walked home, they arrested me. I have text messages from more than one person that was at the scene, that my ex did, in fact, drive me home. I have not been able to contact him through text nor calling since the incident. I know the only edge I would really have right now is catching the burn marks on his face from the airbags. Which I don't know I could catch them since today is Saturday. Please help me I know I am innocent of this and I need my record clean for my son.
4 ANSWERS
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Yes, a good DUI attorney may be able to help you. It seems that you have enough circumstantial evidence to support your defense to the DUI charge, it is highly unlikely that your Ex will admit to driving since that opens him up to criminal prosecution for hit and run. All of the charges you face require you to be driving, if you were not driving then you have a defense. You have 10 days to contact the DMV and request a hearing, you should talk to a DUI lawyer between now and the 10 day limitation for requesting a hearing.
Answered on Apr 09th, 2013 at 7:46 PM
Michael J. Breczinski
Did these other people see him or the accident? If so then they are witnesses. It sounds like you have a decent defense. Get a good lawyer.
Answered on Apr 02nd, 2013 at 12:54 PM
You need to consult a DUI specialist ASAP, and do it soon because you have only 10 days to save your license. You have a decent case, but you can't sort through it yourself. The entire DUI/DMV process is rather complicated.
Answered on Apr 01st, 2013 at 3:56 PM
2 Awards
In a DUI prosecution; the government must prove that you drove. You do not have to prove that you did not drive. However, this can be done by circumstantial evidence, meaning that no one has to see you drive in order for you to be convicted of DUI. Without a review of the evidence against you, it is impossible to determine potential defenses and/or mitigating circumstances. You should retain a local DUI defense counsel to defend you in this action.
Answered on Apr 01st, 2013 at 3:56 PM