If I’m being charged with a DUI and I wasn’t in my car, how does that work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m being charged with a DUI and I wasn’t in my car, how does that work?
I over corrected my car and ended up in a ditch. I walked to my girlfriend’s parents house to call and report it but before I could get there I was surrounded by cops with guns drawn. My car was over a mile away. They charged me with a DUI and leaving the scene. They have no proof that was my car at the time they swormed me with guns out. How does that work?
Asked on July 21, 2012 under Criminal Law, South Carolina
Answers:
Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.
Answered 11 years ago | Contributor
You stated in your facts that you wrecked your car, left the scene of the accident and while walking to your girlfriend's parent's house (to call and report the accident), you were approached by several police officers with guns drawn. You were subsequently arrested for DUI and leaving the scene of an accident. Your question is, what proof did the police have that it was your car at the time they approached you. First, if you have not already done so, obtain a copy of the police incident report. The report will give you insight as to why the officers believed you were the driver of the wrecked vehicle. And of course, if the vehicle is registered to you, and the cops subsequently find you walking alone, without contradictory information, they will naturally assume that you were driving your vehicle at the time of the accident. Now, having said that, you may have a defense depending on the time frame and any possibility that you could have consumed alcohol after the accident. You have not disclosed whether you made any admissions to the police. So, more details would be needed. Consult an experienece attorney immediately.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.