DUI in MD, live in PA
My mother recently got charged with a DUI in the state of MD last week. It was about 6 pm and she had backed into the next door neighbors driveway and dented it. The neighbors were not home. My mom went into the house where we was staying and approx 10 minutes later a cop came to her house, gave her a breathalyzer (she was .15) and charged her with a DUI and gave her a few other tickets. It is believed that neighbors down the road called the cops. Anyway, the next door neighbors eventually found out and were okay with what happened. My question is, can this case be thrown out of the officer had not physically seen her driving? She is definitely going to get a lawyer and yes, she was drinking but did the officer have the right to do this and can she prove otherwise?
2 Answers from Attorneys
DUI in MD, live in PA
The office can give your mother a breath test, but the results may not be valid, as there is no way the officer knows if she had anything to drink after she went in the house.
Re: DUI in MD, live in PA
They must prove beyond a reasonable doubt that she was driving the car. Hopefully, she didn't admit to driving, and hopefully there were no actual witnesses to her driving.
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