Legal Question in DUI Law in California
wrongful dui
we all had alcohol to drink. My friend was car driving his mom's car when he hit a curb at a fast speed. shortly after we parked and i step out from the backseat of the car, walked to his window and told him to turn the car off and to relax and sit on the curb. I also told my other friend in the passenger seat to just relax and go sit on the curb. I put his keys in my pocket and we all were on the curb analyzing the damages done to the front of the car. when police came, we were taken down to the station and kept overnight. the next morning they were charge with intoxication in public when i was charged with the dui. I was not driving the car but only had the keys in my pocket. i read online if you have the keys you have the control. Is this true even though i was not the driver
3 Answers from Attorneys
Re: wrongful dui
The prosecution would still have to prove that you drove the car a measurable distance.
If you would like to discuss the case further feel free to contact me. Best of luck.
Re: wrongful dui
You now get to try to defend yourself on the charges. If you're not experienced and competent in handling criminal defense matters, get an attorney who is. Feel free to contact me if serious about doing so.
Re: wrongful dui
It is common for police officers to happen upon an individual under the influence of drugs or alocohol who at the particular time may not actually be driving the vehicle. An officer must examine under the totality of the circumstances whether it is more likely than not that the particular individual was driving under the influence. That is the standard for probable cause which is much lower than that for reasonable doubt, the standard in a criminal proceeding.
In your case, the circumstances were that the vehicle had just hit a stationary object, some of the people were visibly intoxicated, the engine of the car was probably warm, and the keys were in your possession. This is likely enough to arrest you.
However, with a skilled defense lawyer on your side, it may not be enough to convict you. Were you given a breathalyzer test? A blood test? Any field sobriety tests?
If you are serious about getting legal help to fight these charges, please contact me directly.
Good Luck.
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