Legal Question in DUI Law in California
dui charge
is was charged with a dui but i was
outside on the sidewalk throwing up
and my car was parked in the middle of
the street. a neighbor called the cops on
me. i wasnt in the car and i wasnt
driving. is that right??
3 Answers from Attorneys
Re: dui charge
That you were driving is an element of what the prosecution has to prove, but driving can be inferred from the fact that your car was parked in the middle of the street, and the officer will doubtless testify that he or she felt the hood and it was warm.
Next time try barfing on a bush, or in an air sickness bag (swipe one from an airplane), and maybe the neighbors won't complain. Also, try to park within 18 inches from the curb.
Re: dui charge
"Is that right?" isn't a question that matters.
'Can the DA prove you guilty?' is the question you should be asking.
Your car didn't get into the middle of the street by magic, did it? I'll bet that the car keys were either in the ignition or your pocket.
Get yourself a good attorney and go to trial if you think you can prove you didn't drive the car there, park it illegally, and stumble to the curb to puke.
Re: dui charge
Fight it.
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