QUESTION
What can I do if I was charged with the suspicion of a DU but I was not driving, I was outside the car and the key was in my pocket?
Asked on Oct 16th, 2012 on DUI/DWI - California
More details to this question:
My sister was driving and we got stuck at a ditch. She went to look for help while I was trying to call any of my friends to help me. By the time she got back I was already taken to jail.
11 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't say whether the officer or some other person observed you driving, This may be what happened. My advice to you: hire an attorney.
Answered on Oct 22nd, 2012 at 10:43 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Obviously, get an aggressive attorney and make a defense, it sounds like you have one.
Answered on Oct 19th, 2012 at 12:44 PM
Michael Paul Vollandt
Get a lawyer because if what you say is what really happened and your Sister can corroborate it the DA might dismiss the charges.
Answered on Oct 18th, 2012 at 7:06 PM
Michael J. Breczinski
You should get a lawyer and go to trial. I have had a case like that and the jury acquitted my client I had the actual driver testify. That is what you should do.
Answered on Oct 18th, 2012 at 4:23 PM
3 Awards
They can charge you, but they may not be able to convict lets discuss representation In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- 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. We 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.
Answered on Oct 17th, 2012 at 5:36 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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While the arrest will stand up to scrutiny, the prosecutor will have a difficult time proving driving in order to get a conviction.
Answered on Oct 17th, 2012 at 5:35 PM
You need to hire a DUI specialist as soon as possible, because you only have 10 days to save your license. You have a good no-drive defense, but without an experienced attorney the prosecutor will never take you seriously in court, and the DMV will suspend your license without hesitation.
Answered on Oct 17th, 2012 at 5:34 PM
Criminal Defense Attorney serving Lincolnwood, IL
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Fagan, Fagan & Davis
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Yours is not a unique situation. If you were charged, the police believe you were the driver or intended to drive. What do you do? Get the best DUI attorney familiar with DUI defense in the Court where your case will be heard and defend yourself. No one else will. Our office defends people facing DUI charges throughout Cook (including Chicago), Lake and DuPage county Illinois, and we're available to discuss representation.
Answered on Oct 17th, 2012 at 3:43 PM
4 Awards
You may want to go to trial and let a judge or jury decide whether the Commonwealth can prove beyond a reasonable doubt that you were driving.
Answered on Oct 17th, 2012 at 3:43 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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Hire a good DUI attorney. This is nothing you want to play fast and loose with.
Answered on Oct 17th, 2012 at 3:42 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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Prosecutor and dmv will try to establish driving by circumstatial evidence, which needs to be disputed.
Answered on Oct 17th, 2012 at 3:41 PM