Legal Question in Traffic Law in California

Re: Drunk While Under The Influence

Thank you for your inquiry and posting.

You are correct -- driving is an essential element of the crime of "Driving" under the influence, as the name suggests.

If it cannot be proven that you were driving, your attorney can make a motion to dismiss the case. More typically, however, the DA and the police rely upon circumstantial evidence, or your admissions that you were driving, to try and make a case.

I hope this helps, but if you have other questions, or feel that you need legal representation, please feel to email me directly at [email protected]. I'm happy to help in any way that I can.

Re: Drunk While Under The Influence

absolutely. the police department or any agency acting under the color of government would need "reasonable suspicion" to prosecute a dui against you. from the facts given so far, it appears the police department would be lacking in this reasonable suspicion criteria and you absolutely can challenge the procedural issues of your "arrest". if you would like further assistance and/or legal representation on this matter, feel free to email my office directly today with more detailed information and we will gladly fight for your justice in this situation.

Re: Drunk While Under The Influence

IF THE CANNOT PROVE DRIVING THEN A DISMISSAL IS MANDATED. Call if that is your goal.

LARRY WOLF 310 277 1707