I was driving on a grass field that i normally drive on but illigall, and got stuck in the mud. The cops showed up while I was standing outside the car with the keys in my pocket. I passed all there DUI test but blew a .06 .07 and .08.How should i go about dealing with this. I was never read my miranda rights. the police never saw me in the car and the keys were never in the ignition,when they asked me if i was driving i did say yes.
Based on these facts alone, it sounds like you may have some good factual arguments to aid in your defense - as to the DUI. Your attorney (either hired or appointed) should be able to give you a better idea of your chances, though, once (s)he analyzes all the relevant evidence. Obviously, since it appears you did have alcohol in your system, you're going to have a rougher time fighting an underage drinking charge.
If this was in Irvine, I'd like to discuss this with you because you raise some very good points. Keep in mind that the driving, although not observed by the officer, can be proven through circumstantial evidence. The good thing is they usually don't ask when you were driving, and that's important when the DA is trying to prove that your BAC (.06, .07, and .08) somehow indicates your BAC at the time of driving. I'd love to talk directly with you, the call is free.
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