Legal Question in DUI Law in California

I knew I wasn't driving

I'm in Ca and received a DUI a year ago. Paid fines, schools, etc. I knew I would'nt drive drinking, but a ''witness'' said he saw me in the car after the accident. (Parked car) and I was drunk at the time, so...

I now hear from people that were there someone else WAS driving, caused the accident and left. Do I have any recourse? Either to clear my record and/or to sue the driver for my costs?


Asked on 8/14/08, 5:56 pm

3 Answers from Attorneys
Hudson Bair Kapsack and Bair - DUI Attorneys

Re: I knew I wasn't driving

Unfortunately, I can't really answer your question. If you knew you weren't the driver you should have found the witnesses that could testify to that fact. At this late date a lawyer might file a Motion to Set Aside or Withdraw the plea based on the ineffective assitance of counsel or some other theory but other than that, I think you are probably stuck with the conviction and the ramifications of your decision to resolve your case.

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Answered on 8/14/08, 7:29 pm
Joshua Hale Hale Law Group

Re: I knew I wasn't driving

There may be a possibility of withdrawal of plea based both on ineffective assistance of counsel, as well as factual innocence. I would need to know more to give better advice.

You are welcome to call at your earliest convenience.

JDH

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Answered on 8/14/08, 8:29 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I knew I wasn't driving

The more likely explanation is that you were so blotto that you don't remember any of it.

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Answered on 8/14/08, 10:28 pm


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