QUESTION
What can be done if there is no keys to car but charged with a DUI?
Asked on May 06th, 2013 on DUI/DWI - Georgia
More details to this question:
I were charged with a 4th DUI. I did not have keys to the car nor were I in or around the car. I were found walking down the road. Yes, very drunk (black-out) drunk. Supposedly a call were made implicating my car to having been driven. Officials did not observe me driving. On tape, I said I were driving. I wasn't I were 3x the legal limit and have no idea of why I said I did. My husband who had walked away had been driving. He had the keys & had not been drinking. When he came back, I had been taken by enforcement to the hospital. Enforcement never even spoke with him. I have a good attorney, however he doesn't give much of a resolution to the situation prior to the court date. Shouldn't this be public intoxication at Most! Thanks!
4 ANSWERS
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
If you are not happy with your lawyer you should discuss the reasons for your unhappiness. You may also choose to fire him/her and retain new counsel. Just because you were not driving and didn't have the keys doesn't mean the DA will drop the case, especially with admissions to being the driver. Has the actual driver come forward and admitted to being the driver, explained why he was not caring for your when you were so intoxicated. There may be other circumstantial evidence that supports your story too, you should let your lawyer know you aren't happy with the representation.
Answered on May 10th, 2013 at 5:52 AM
Geoffrey MacLaren Yaryan
Your admission to driving, if believed, is all they need. You will need to explain why you admitted driving it you weren't.
Answered on May 10th, 2013 at 1:07 AM
3 Awards
If were your attorney, I would get a statement from your husband and work to get the case dismissed. I hope your husband spoke with police on-scene and tried to say he was driving.
Answered on May 09th, 2013 at 2:20 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
I am not going to second guess your attorney. You say you have a good one, then listen to your attorney.. With a 4th DUI and a BAC over three times the legal amount, you better have a good attorney because if convicted, you are looking at a minimum of 6 months in jail.
Answered on May 09th, 2013 at 2:06 PM