I was in the passenger seat of a friends truck leaving the club we were drinking I was extremely intoxicated and didn't realize our DD was drunk too, after we were pulled over the police who noted that the driver was drunk let him go and gave me a dui
Something does not seem correct. You need to get representation, get the police report, and interview witnesses.
Aaron M. Black
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I agree that something does not sound right. Clearly if in fact you were the passenger then you have a valid defense, but if the officers have evidence that you were driving and then switched seats to avoid being charged, then you've got an uphill battle and it will become a factual dispute at trial, assuming there is in fact a valid dispute.
My guess is that the police are going to contend that you switched seats with the passenger, but there are also Arizona cases about people being prosecuted for things like grabbing the wheel of a moving vehicle while drunk and in the passenger seat, so as my colleagues unanimously suggest - talk to an attorney about your case ASAP.
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