So a few nights ago my friends and I went out to a club. We left the club around 2. On our way back we stopped at a store to get food and something to drink. When I got out of the car I was told by my friend that the store clerk had called the cops and told me that I was drinking and driving. At this time the car was parked in the parking lot locked and everything. When the cop arrived they questioned the clerk. The clerk had told them that my friend with me was the one driving. Then once the officer had talked to my friend and told him this he asked the clerk again and she stated that I was the one driving when I wasn’t. I knew I had drinking that’s why I didn’t drive. Once we got to the store we parked the car and asked the clerk lady before she had called the cops. How long we could leave the car parked in the parking lot before it would be towed she told us 24 hours. Before the second officer had arrived their was another one that I had already talked to asking where there was a hotel at that was nearby that I could stay at and he pointed me in a direction. Once I was on my way to the hotel that is when the cop stopped us and questioned us. He then arrested me because I refused to do a sobriety test on the spot.
You have a triable case. The prosecutor must show some evidence of you driving and being impaired since the cop didn't witness the driving, there is no way they can show you are impaired. These are the types of cases us criminal defense lawyers love to get.
A "personal" rule of thumb is that the police and/or D.A. can charge someone with anything. Whether or not they can prove the charges beyond a reasonable doubt is to be seen.
They can charge you and you can fight it and win. If the police reports reflect what you say, you already have a good case. If not, we just need to interview the clerk maybe get some surveillance from the store. The no-drive case is good at DMV and in criminal courts. Lets discuss representation. If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. Do not request the officer. You can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
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