Answer: Yes. Along with many other potential issues, sounds like there is a good defense since it would appear to be difficult for the prosecutor to prove you were driving. Were there any civilian witnesses who reported you were driving to the Police? Also, be sure to request your DMV hearing if you have not done so already, and do not plan on hiring an attorney within 10 days of your arrest. If you hire an attorney in that time frame, be sure that the attorney timely requests the DMV hearing.
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