Legal Question in DUI Law in California
dui not in my car
I was driving home from bar had tire blow out ... walked to gas station less than mile away to use ph .. it was broken walked back to truck soon afterwards officer's showed up i was getting ready to change tire.. engine not running nor keys in car charged for dui
2 Answers from Attorneys
Re: dui not in my car
They would have to prove you were driving the car to win the criminal case. Of course there is the DMV hearing to contend with as well. Hire a lawyer.
Re: dui not in my car
Many DA's are charging DUI's when no one witnessed the driving...either by police or another witness. Often, this can be successfully challenged by motion to suppress for failure to observe driving. However, the law is not settled on this point and its by no means a slam dunk.
Contact us to discuss your situation in more detail.
www.berlinfirm.com
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