QUESTION
If you were the city's attorney would you dismiss this case?
Asked on Aug 07th, 2013 on DUI/DWI - California
More details to this question:
Recently got a DUI I told the cops I was driving because it was my car and when I started to “come to". It was just me and my friend and she does not drive. Later on I found out a man was driving my car. And I have a witness statement saying that the witness saw me passed out in the passenger seat and a man crashed my car then ran out of my car. I've gone through a couple lawyers because its case has been hell. Every lawyer I talk to says " we'll but you admitted u were driving". And what they aren't understanding is yes I know what I said but we have evidence that shows other wise and I know the prosecutor has to show beyond a reasonable doubt that I was driving. So my question is in your expert opinion if you were the city's attorney would you dismiss this case?
8 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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l would not dismiss it. You were driving, and if you had been drinking, you should not have gotten behind the wheel. You can set the case for a trial and make the prosecutor prove the case.
Answered on Sep 03rd, 2013 at 4:28 PM
No. You need to hire a DUI specialist to push it to a dismissal, which won't happen automatically.
Answered on Aug 17th, 2013 at 1:54 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What evidence do you have? A man driving your car. Who was that man. If he was driving your car, why do you not know what his name is? Can you produce this person? Basically, what you are telling me is highly suspect. To answer your question, based upon what you have told me, NO, I would not dismiss the case.
Answered on Aug 17th, 2013 at 1:54 AM
Michael J. Breczinski
I would take this to trial and tell the jury that you were drunk and did not know what you were saying. I would make sure that we had the other witnesses that saw another person driving and the accident since they may give the jury reasonable doubt about your guilt.
Answered on Aug 17th, 2013 at 1:53 AM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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Absolutely not. Maybe, just maybe, you should accept the knowledge and experience of every single lawyer you talk to. There is a name for it when people go from one doctor to another until they find the diagnosis they want to hear I am not sure of one exist for the corresponding issue with lawyers. There is no chance at all that the city attorney will dismiss you case. None. Better, at trial, you will likely be found guilty because of your statement. The witnesses you may have are telling a ridiculous story; that you were driving makes much more sense.
Answered on Aug 17th, 2013 at 1:53 AM
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Nope. They will go forward. Hire an attorney to complete a jury trial. You may still be convicted, but without the trial, your only other option is to plea guilty.
Answered on Aug 17th, 2013 at 1:53 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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I don't think the city attorney will flat out dismiss this case based on what you wrote. It may be a case that you may want to take to trial if you were not driving. It may be as an uphill battle overcoming your statement at time of arrest t ghost at you were driving, but if you have witnesses who would testify under oath with penalty of perjury that you were not driving, it may be worth a shot. Speak to your attorney further about risks and rewards of going to trial.
Answered on Aug 17th, 2013 at 1:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You admission is proof.
Answered on Aug 17th, 2013 at 1:53 AM