Legal Question in DUI Law in Wisconsin

Owi

My vehicle was in the ditch, I was home sleeping. My son and a

female friend were at the scene when the officers arrived. The female said I was driving the vehicle. No written statement or contact info was taken from her.

The officers came to my house, I got out of bed and they arrested me for OWI.

My question??? Can the female's remark stand up in court as proof that I was driving? She never seen me in the vehicle either. My son argued and said the female friend

was driving the vehicle.


Asked on 10/22/07, 7:26 am

1 Answer from Attorneys

JAY Nixon nixon law offices

OWI-Drunk Driving--Testimony of a Female

You need to retain an experienced criminal lawyer as soon a possible, since I do not know enough about the facts to even begin advising you. Generally speaking, the legal system is not supposed to discriminate on the basis of sex. The testimony of a female is therefore just as good as that of a male on any legal issue, including the identification of a vehicle's former driver at an accident scene. The judge or jury evaluates all testimony for credibility and decides guilt or innocence based upon whether or not each element of the crime has been proven beyond a reasonable doubt. Operation of a vehicle is a critical element of proof in a drunken driving case, so if the jury does not accept the proof under these criteria, it has a duty to acquit you.

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Answered on 10/24/07, 7:37 am


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