Legal Question in DUI Law in Michigan

Can I be Charged with OWI (felony) If no driver was never seen?

There was 4 of us in 2 trucks 2-tracking up north. My truck hit a tree and tipped in someones drive way. the homeowner called the police and I was found 1mile away from scene. The other truck and people took off.I was charged with OWI(3rd).My so called friends made up a story and called police to tell them I was the driver and they we in bed.That I called them to help me.One which included the female that was driving.The home owner stated she only seen the female get out of truck.By the home owners testimony I believe that she proves the female is lying. Cant be home in bed and at the accident.The homeowner also testified on the stand that she didnt see me at all!I also have my phone records to prove no calls we ever made.The police officer said on stand that I was found 2/10 of a mile away while the amulance driver documented 1-1/2 mile away.Also, the officer said i was very aware of what was happening and that I was always conscience. The ambulance driver said I did go unconscience at the scene. They did take my blood with a warrant. Im not denying I was drunk, but I was not driving.The home owner also said she seen another male take the female to their truck and that another male got out walking sb which is where I was found.


Asked on 5/30/04, 9:42 pm

1 Answer from Attorneys
John C. Talpos Talpos & Arnold

Re: Can I be Charged with OWI (felony) If no driver was never seen?

Hello, I have received a copy of your posting. DUI matters are an area that I specialize in. The answer to your question as you phrased it is "Yes, you can be charged and convicted even if no one saw you driving. It may be difficult to prove, but circumstantial evidence could be enough.

It sounds as if you have already had your preliminary examination. Your attorney should explain both the differences between the burdens of proof at the preliminary exam and the burden of proof at trial as well as how the prosecution will attempt to prove its case. You need to be well prepared for trial to make sure all o f the evidence in your favor is presented to the jury. Call me if you h ave anymore questions. John C. Talpos (http://www.Mich-Lawyer.com) (248) 743-6800

Read more
Answered on 5/31/04, 12:12 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Michigan