How am I the one who gets the Driving Under the Influence? 12 Answers as of October 07, 2013

I was the passenger in my own car. My girlfriend was pregnant at the time and could not drink. A friend was in the back seat. We got a flat tire. I woke up and the two others had left to meet somebody for a ride and would come back for me. I woke up seen they were gone and got out of the car looked at the tire and got back in the passenger seat. We were called in and a witness said he seen me shut off the car and crawl out of the driver’s seat.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
You have to have the others in the car testify at trial that the person was wrong.
Answer Applies to: Michigan
Replied: 10/7/2013
Anderson Law Office
Anderson Law Office | Scott L. Anderson
You need to get representation asap to establish the facts you have submitted. An attorney will need to challenge your dl revocation and the criminal charges. Do not hesitate.
Answer Applies to: Minnesota
Replied: 10/3/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You get it, because you are the only one present and a witness said he saw you behind the wheel. What do you not understand? No one believes an alcoholic, who passes out when he states, "by my girlfriend was there, and she left me sleep."
Answer Applies to: Georgia
Replied: 10/3/2013
The Law Offices of Harold L. Wallin | Harold L. Wallin
In Illinois, you can be found guilty of a DUI if you were in actual physical control of a motor vehicle, which is for the judge or jury to determine. If you were alone in a car and you had control over the keys, that is usually sufficient for actual physical control. If you girlfriend and the two others testify on your behalf, it might be enough to convince the judge or jury that you had not been driving. Speak to your attorney about this.
Answer Applies to: Illinois
Replied: 10/2/2013
Law Offices of Eric J. Bell | Eric J. Bell
Your case would be better if the two of them stayed with you and did not leave you. However, you may have some decent issues to litigate at trial. If this occurred in Illinois please call me for a free consultation.
Answer Applies to: Illinois
Replied: 10/2/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Via circumstantial evidence. 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: 10/2/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Clearly you have a viable defense to your charges. However, the witness places you in the vehicle and in Massachusetts, simply being in the vehicle with the keys in the ignition is prima facie evidence of operation.
    Answer Applies to: Massachusetts
    Replied: 10/2/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You received the ticket because the police believed that you were in physical control of the vehicle while under the influence. You have the right to contest the case and make the explanation in your question.
    Answer Applies to: Minnesota
    Replied: 10/2/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Based on what the witness said, the police think you were driving. You have a very good argument to make to the jury: you were never driving and therefore are not guilty of DUI. Hire a good lawyer to help you make the argument and you should be acquitted.
    Answer Applies to: Utah
    Replied: 10/2/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You answered your own question. A witness saw you.
    Answer Applies to: Washington
    Replied: 10/2/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should make an attempt to defend yourself on this charge with these facts.
    Answer Applies to: Michigan
    Replied: 10/2/2013
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