Legal Question in DUI Law in California
i was outside my car drinking with the car off ! i was arrested and they give me a DUI ! i was acouple of blocks away from my friends house! the cops didnt stop me i was there with my friend
3 Answers from Attorneys
The prosecution has to prove you were driving. The attorney you retain will best be able to present the defense that you weren't..
Mr. Stone is not necessarily correct, if the arrest ocurred on any piece of Federal Property in California. On such land mere possession of the keys may be ebough.
However, if this is just a normal DUI, then the DA will need to prove "driving" which is defined as 'volitional movement' by direct or circumstantial evidence. If not, then you win.
You have potential defenses that might result in dismissal or not guilty finding at trial. If serious about getting legal counsel for this, and if this is in SoCal, feel free to contact me.