Legal Question in DUI Law in Arizona

A passer - by on the freeway calls the police

They claim I was a driver, when I fact I was a psgr. They said we pulled over on the freeway and switched. This is obsurd, my spouse and I were coming home. When police pulled us over I was a sleep in the psgr seat - he was behind the wheel for about 2 miles. The police did not say that I was driving but charged me as a witness said a woman got out of the vehicle and a male driver took over? Can you be charged from hearsay? This is flat out wrong?


Asked on 6/06/08, 2:32 am

1 Answer from Attorneys
Craig Rosenstein Rosenstein Law Group, PLLC

Re: A passer - by on the freeway calls the police

The first and most crucial element in any DUI prosecution is "actual physical control of the motor vehicle". The State has a burden to prove beyond a reasonable doubt that you were in fact in actual physical control. Your facts seem to indicate a good case/basis to fight a conviction. I suggest Hiring an attorney immediately.

Craig Jacob Rosenstein

www.scottsdale-duilawyer.com

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Answered on 6/12/08, 5:48 pm


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