QUESTION
Do we have a case and maybe my boyfriend can get charges dropped to a drunk in public with our witness?
Asked on Apr 11th, 2013 on DUI/DWI - Michigan
More details to this question:
My boyfriend was recently charged with DUI, the problem is he wasn't driving nor was he pulled over for a traffic violation. His family called the cops because they are upset. So I was driving the vehicle and we ran out of gas at the corner of the station and realized we both left our wallets. I jumped out of the truck and rode the bike back to the house down the street and he pushed the truck into the gas station by the time I got back he was in the back of the cop car. He did do a breath test and blew a .16. He said he was driving because the truck is not ours he didn't want it to get impounded and I had drank 2 beers within a 2 hour period and he didn't want me to get In trouble. Hurried back to the store and the CHP did the tests on me I passed and handed me the keys. But the store owner and the witness seen he wasn't driving. He is admiring to a drunk in public but he was not driving I was and I am going to go to court and testify that I was. Do we have a case and maybe he can get charges dropped to a drunk in public with our witness? Thanks so much for any help.
5 ANSWERS
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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Have you witnesses come to court and testify Other than the admission, it sounds like there is no independent evidence he was driving.
Answered on Apr 16th, 2013 at 10:34 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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To have any chance of avoiding a DUI conviction he will need an attorney. Many DUI attorney's offer free initial consultations and can give you both information regarding defenses and possible outcomes. A "no drive" defense is one of the more successful DUI defenses in my experience.
Answered on Apr 15th, 2013 at 2:49 AM
Michael J. Breczinski
I think there is a good case with the witnesses that he will be acquitted at trial.
Answered on Apr 15th, 2013 at 1:41 AM
He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
Answered on Apr 14th, 2013 at 8:52 PM
If your boyfriend was not driving, then he should not be convicted of drunk driving. The prosecutor will probably not believe your story. You need an attorney to tell your story. I am available for a free initial consultation.
Answered on Apr 14th, 2013 at 8:34 PM