QUESTION
What will happen if no one remember who's driving in a DUI accident?
Asked on May 15th, 2013 on DUI/DWI - California
More details to this question:
Both people in vehicle got DUI tickets both went to hospital neither remember who were driving single vehicle wreck no one’s been arrested.
7 ANSWERS
Michael J. Breczinski
Well the police have to prove who was driving in order to convict that person of the crime. This may be impossible.
Answered on May 20th, 2013 at 12:14 PM
DUI Attorney serving Grove City, OH
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Law Office of John G. Galasso
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It is up to the prosecutor to prove who was the driver. In either case you will need to hire an attorney.
Answered on May 17th, 2013 at 8:12 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If they both received tickets, then both were cited. In California the citation should have the court date and location. It will be up to the courts to figure out the answers.
Answered on May 16th, 2013 at 11:25 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The State will have to prove who was driving. BOTH need to hire lawyers.
Answered on May 16th, 2013 at 11:24 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The matter is still under investigation. If it can be determined who was driving, then the appropriate charges will be filed, including, I presume, vehicular assault.
Answered on May 16th, 2013 at 11:23 AM
2 Awards
In any DUI case - the government must prove beyond a reasonable doubt that someone drove. If the government cannot prove who drove beyond a reasonable doubt, than neither your friend or you should be charged with DUI. If either of you is charged with a DUI, I would contact a local DUI attorney to represent you in this case.
Answered on May 16th, 2013 at 11:23 AM
Both better retain a DUI specialist, and do it soon because there is only 10 days to save the license.
Answered on May 16th, 2013 at 11:22 AM