Do I have a good DUI case since I was not operating my car and was a half mile away when arrested?
Question: Do I have a good DUI case since I was not operating my car and was a half mile away when arrested? It was my car that was on the side of the road, but I was not driving it. I was the passenger, and another guy I met at the bar agreed to drive my car home, then was going to take a cab to his place which was not far from my place. Unfortunately the car broke down on the way home. I decided to walk to a gas station that we passed about a mile earlier since we got impatient waiting for a tow truck. As we were walking, a cop car drove by us, turned around and then pulled up next to us.
Next thing I know I was doing field sobriety tests and then got arrested for DUI. What are my chances on this?
Answer: Possibly. You should me to discuss your DUI case in further detail. I can give you a better estimation once I hear all the events leading up to arrest. But based on what you wrote, sounds like you have a good case. To be arrested for a DUI, you have to be the driver of the vehicle (generally speaking), not the passenger. The cop does not necessarily need to see you driving to arrest you for DUI, but would need other circumstantial evidence to try to establish that.
Did you tell the officer that you were the driver of the vehicle? Was the actually driver with you when the cop approached you? If not, where did he go? Was he questioned about who was the driver, and what happened earlier that night?
No drive defenses are often strong defenses in DUI cases, but they are not always open and shut cases like one would think. Click here for more info on: DUI Defenses
Call me to discuss further at 818-336-1384.
In any event, good luck with your case, both at court and at the DMV.
DUI & Criminal Defense Attorney