Legal Question in DUI Law in California

dui not in my car

I was driving home from bar had tire blow out ... walked to gas station less than mile away to use ph .. it was broken walked back to truck soon afterwards officer's showed up i was getting ready to change tire.. engine not running nor keys in car charged for dui


Asked on 5/20/07, 2:42 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: dui not in my car

They would have to prove you were driving the car to win the criminal case. Of course there is the DMV hearing to contend with as well. Hire a lawyer.

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Answered on 5/30/07, 5:59 pm
Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: dui not in my car

Many DA's are charging DUI's when no one witnessed the driving...either by police or another witness. Often, this can be successfully challenged by motion to suppress for failure to observe driving. However, the law is not settled on this point and its by no means a slam dunk.

Contact us to discuss your situation in more detail.

www.berlinfirm.com

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Answered on 5/30/07, 6:27 pm


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