How can i be charged with dwi, when the police showed up i wasn't in my car and the keys weren't in the ignition

Asked over 2 years ago - Constantia, NY

i was arrested for a dwi.. when the police showed up to the parking lot i was parked in, they arrested me for dwi. the keys werent in the ignition and i was outside the car. prior to the police getting there, two kids had approached me. talking about being abused by thier parents. when the parents got there the mother began abusing the child. took my keys and had me arrested for driving drunk.. this case is based on her saying i was driving and arrest report says that i was outside the car. isnt this hear say (her word vs mine)? and without concrete evidence (like the dash cam on the cop car). why am i fighting a dwi charge and she never got arested for abuse? how can i get the DA to see the holes in the case?

Attorney answers (3)

  1. Richard C. Southard

    Pro

    Contributor Level 19
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    chosen by asker

    Answered . The answer is yes, this trial may come down to your word against hers, plus whatever other evidence the police can obtain. Since you were making a complaint against her for child abuse there is definitely motive for her to lie to the police. You need to discuss these issues with your attorney who will argue to the DA on your behalf.

    All answers are for information purposes only. Answering this question or any future questions does not form any... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Lawyer agrees

    1

    Answered . There is no way you can know all the facts yet. Perhaps the woman told the police that she say you driving the car erratically and swerving in and out of the lane. Did the police make any pbservations about you such as alchohol on breath, blood shot watery eyes, unsteady on feet, etc. If the case is based on the woman alone, it might be a weak case but the police may still have had probable cause to arrest you. I sugges you retain a good criminal defense attorney. A good attorney will search for surveillance cameras on the route you drove and at the parking lot to see how you were driving.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Robert Douglas Kane Jr

    Contributor Level 13

    Answered . The DA has to prove that you were operating a motor vehicle under the influence of alcohol; or operating a vehicle with a BAC over .08 (I assume that NY law is consisant with MN and CA law). The DA doesn't have to prove the keys were in the ignition or that you were in the car when the police arrived. The fact that you witnessed a crime isn't a defense, but it may help you in attacking the credibility of the witness who alleged you were in fact driving. You get the DA to see 'the holes in the case" by getting a good attorney in your area. You may have defenses, but you aren't going to get near enough information to properly defend yourself in this forum. Good Luck.

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