Can Washington State issue a DUI with no proof that you were in control of a vehicle?
Answered on: 3/14/07, 1:40 pm by Matthew King
As with most questions, the answer is "it depends." If the officer did not see you driving, you have a corpus delecti issue. The state has to prove that you were in physical control of the vehicle. If no such evidence exists, then a motion maybe brought to dismiss the case.
If, however, the State has proof that you were driving (such as a passenger's testimony or another witness) then the case may proceed.
I strenuously recommend you obtain counsel immediately. An attorney will raise various legal issues including seeking to suppress the breath test, the field sobriety tests, and other types of evidence.
Please do not hesitate to contact me if you have any questions.
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