Arrested for DUI and hit and run but not driver
Question: What are proper arrest procedures for a hit and run dui and if two people are involved. should both parties be arrested for the dui and hit and run? my boyfreind is fighting a case for three years and trial comming up he was the one being accused and the accuser is the actual driver.
Answer: Was your boyfriend (accused) and accuser in the same car? Is this a situation where your boyfriend owns the car and was a passenger, and the actual driver is the one who was driving for the accident? I’m not sure I follow what you are saying and asking. When did the cops arrive? did they show up soon after the accident occurred? I am assuming your boyfriend has an attorney since the case has been going on for 3 years. I would recommend having your boyfriend inquire with him as to why the other party is not being charged. I am assuming that one of the defenses in the case is that your boyfriend was not the one driving, so he should not have a DUI…etc. Depending on the court you are in, it would be the District Attorney or City Attorney’s office who decides whether or not to press charges against other parties.
DUI & Criminal Defense Lawyer