Legal Question in Constitutional Law in California

Legal rights of Defendant!

I was arrested for DUI, my car broke down and my friend went to get help, and i stayed with the car, and I was arrested, so my friend is testifying at my trial that he was the driver. The trial is in 1 week, the arresting officer just called my friend to question him, is this legal?

Thanks


Asked on 2/18/04, 9:54 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Legal rights of Defendant!

Sure. The police and prosecution are not only allowed to interview witnesses, they're *supposed* to do so. It's part of their jobs.

The way you phrase your question implies that your friend is only offering this testimony to help you out and not because it's true. Besides, I don't think you would be so concerned about a routine phone call if your friend actually was the driver. I hope you are not putting your friend and yourself in this position. If your friend's testimony is false he will be committing perjury and could be prosecuted for it. You could be prosecuted along with him for suborning perjury.

I also hope you have an attorney, especially given that your trial is only a week away. If you are trying to defend yourself, you might be headed for a real disaster.

Since it sounds like the arresting officers didn't actually see you driving, my guess is that they have witnesses who saw you and/or some other evidence to prove their case. If you have a lawyer, ask him how the prosecution will try to place you behind the wheel. He should have had a chance by now to review their evidence and evaluate their case.

And if you don't have a lawyer, get one. NOW.

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Answered on 2/18/04, 10:19 pm


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