I had a DUI.
I had a DUI arrest this past Saturday. I
rearended a vehicle and proceeded to
park my car a couple blocks down the
road. The police came by and took the
testimony of the victims and proceeded
to give me roadside tests and also the
breath test. My question is since the
officer did not see me drive nor was my
car actually near me. Can I fight this
DUI since the only witnesses were those
from the accident.
2 Answers from Attorneys
Re: I had a DUI.
Yes. The evidence should be tested. What were you actually charged with? They may have difficulty placing you behind the wheel. What county did this occur in?
Scott H. Cupp
Law Office of Scott H. Cupp, LLC
West Palm Beach, FL
"Handling only criminal cases across Florida for 20 years"
Re: I had a DUI.
The question you bring up is an important one. For a DUI conviction, the State Attorney must prove three elements...all three. They are: 1) that driver was in actual physical control of a motor vehicle, 2) That the driver was impaired by being under the influence of alcohol or some drug, 3) That driver was under the influence so as to impair his/her normal faculties.
As such, the State has to be able to prove you were behind the wheel. Any witness that SAW you behind the wheel can testify. You can question the witness's credibility if it is appropriate. If this occured in Northeast Fla. and we can be of futher assistance, please contact my office.'Hope this helps. Tom Rosenblum
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