Do I have a good case for pleading not guilty since I was not operating my car and was a half mile away when arrested? 8 Answers as of July 27, 2015

I slid off an unfamiliar road and hit a tree when it was raining, and the bumper of my car bent into my wheel-well, blocking my front tires from moving. So my friend and I left my car on the shoulder and started walking for a payphone. A cop car pulled up to us about 20 minutes later when I was about a half mile away and started asking us questions and then arrested me for a DUI. Do I have a good case for pleading not guilty since I was not operating my car and was a half mile away when the officer arrested me?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Do you plan on retaining an attorney, or approaching the court case the way you approached the unfamiliar road. You are bound to crash in the same manner.
Answer Applies to: Georgia
Replied: 7/27/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
In MN there is a in control of the vehicle law which states if the state can prove that you were driving under the influence within two hours of driving they can convict you. The key in your case is how can they know which one of you was driving since it wasn't witnessed. Please contact an experienced attorney asap about potential defenses.
Answer Applies to: Minnesota
Replied: 7/27/2015
S. Joseph Schramm | Joseph Schramm
You will have a good case if the police conducted a sobriety test through a breathalyzer or blood sample and it tuned up negative. The fact that you were a half mile away from your car in the middle of nowhere is simply circumstantial evidence that would support a charge that you were actually driving the car when it crashed into the tree.
Answer Applies to: Pennsylvania
Replied: 7/27/2015
The Law Offices of Harold L. Wallin | Harold L. Wallin
Those facts are helpful, but not determinative. You need to retain an attorney to review your case and defend you against these charges.
Answer Applies to: Illinois
Replied: 7/27/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 7/27/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Well, maybe. First, you don't need a good or bad case for pleading Not Guilty. You are entitled to enter such a plea if you want to do so. As to prevailing in court, you should consult an experienced criminal or OWI lawyer, who can review the facts in much greater detail than can be done on this ste. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 7/27/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    We plead not guilty for pretty much everyone. After all, worst thing you can get is a DUI. So, sure, you have good cause to plead not guilty - especially if you were drinking after you left the car. Pleading guilty does not mean you will be found not guilty. Most people who plead not guilty eventually plead guilty to something. If you told the cop you were the driver and had not been drinking since you got out of the vehicle - well, the Police have a good case against you because in California there is no need for a "wheel witness" and the courts will look at the totality of the circumstances in determining your guilt.
    Answer Applies to: California
    Replied: 7/27/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It will depend on what you and your friend admitted to the police. Get an attorney.
    Answer Applies to: Michigan
    Replied: 7/27/2015
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