a car hit a curve everyone ran out the car and someone said i was the one driving.. i was given a DUI and hit and run but was not drivin... can i beat the case since no blood test or breathalyzer was taken?
Jurors want to see the results of chemical tests. I have seen that over and over again as a judge, prosecutor, and defense attorney over the past 21 years. So, the lack of a breath or blood test definitely helps you. So, does the fact that an officer did not see you driving. Can you beat the case? I tell clients that nothing is a guarantee. You might as well go up to Black Hawk and bet on either red or black and keep your fingers crossed. It depends on the quality of your attorney, the quality of the Deputy DA, the judge, and who ends up on the jury. It is a crap shoot. Every attorney on this site has I am sure won cases they thought that they would lose and lost cases that they were sure that they would win.
Can you beat it? Yes.
However, it will depend a great deal on a plethora of factors...
As Mr. Leroi has already indicated, jurors prefer to have a chemical test number to hang their hat on.
How credible is the witness who claims you were driving?
How intoxicated did you appear?
How credible are the officers?
In short, you need to consult with a DUI defense attorney quickly to protect your rights.
Best of luck to you.
Mr. Leroi and Mr. Buckley are correct. To save time and in the interest of not repeating everything already said - you need a skilled DUI attorney to defend you. There are too many variables in this case and in every case to speculate about a potential outcome without first gathering all the evidence. If you are looking for a guarantee - you won't get one.
A lot depends on the witness statements and the facts. If you weren't driving, who was? How did the car get there and how did it hit the curb? Hopefully, your defense isn't contingent upon the guy you met at that bar, who you let drive your car and who crashed it and then took off running and no one ever saw him.
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