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I was arrested for dui after a car accident .which I had a designated driver .the driver crashed my car and fled the scene

Garden Grove, CA |
Filed under: Criminal defense

The police did not arrive till 20 min later and charged me cause I was there and was the register owner.I had explained that I had a driver.but they did not care to look for the person.or even care.do they have to prove I was driving?how do I beat this case,isn't the burden of proof on them no fngerngerprints were taken..I do have witnesses.that have signed affidavits.saying I left the bar with a driver,and was not driving.

Attorney Answers 7

Posted

I have reclassified your question so that DUI/DWI lawyers will see it - they are the specialists you need to talk to.

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Posted

YOU won't be able to beat the case. The DA will simply take what your saying as an excuse without legal justifications for reducing or dismissing. It may even need to go Trial.

As for the DD, did you give the police a name and phone number to contact that person? If not, think of how that would sound to the police - someone crashes, claims DD fled, but can't provide name and number. They don't have to take fingerprints, but if you have witnesses that will help. Do you have witness who not only saw you leave the bar with a DD, but that that the DD was also actually driving.

You have 10 days to request a hearing with the DMV in order to prevent automatic license suspension. Consult a few local DUI attorneys to get some answers and get the help you need. DO NOT ATTEMPT TO DO THIS ON YOUR OWN. You will only get yourself in more trouble.

Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

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Posted

Burden of going forward and of persuasion is on the prosecution, however, they must prove you were operating the vehicle beyond a reasonable doubt.

You know who the driver was, why not subpoena him? He has to come. He may take the 5th, but that might help you also..

Main thing is to not cave, to hire a local DUI attorney, don't chince out, and take this down the line. Many people had rather save their wallet and take the rap. Dont do it. Do the full monty on investigation and bring in the driver.

Did you ask for fingerprints while at the scene? That would have been a nice point of interest if you had.....

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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IF YOU ARE INNOCENT, GET A DUI LAWYER AND GO TO COURT OR LET THE ATTORNEY HELP YOU. A REPUTABLE ATTORNEY WILL BE ABLE TO CONVINCE A D.A. THAT HIS CASE IS WEAK AND YOU WILL BE BEST SERVED BY YOUR LAWYER'S KNOWLEDGE AND EXPERIENCE. BEST OF LUCK.

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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Posted

DUI with accident can be a very serious offense. Depending on the injuries, you could be facing a significant amount of jail time. Having a defense is a good start; but you're going to need the assistance of an experienced attorney to successfully mount that defense. I'm not saying this to scare you; I'm saying this so you can understand how absolutely important it is for you to hire an attorney on this one, especially since its possible you may go down for something you didn't do. I am happy to provide you a free consultation to review the facts of your case and assess your options and course of action.

All answers posted are general in nature based on the facts presented. My answers and opinions are not offered as legal advice and you should not take it as such. Do not discuss specific facts about your case on a public forum like this one. If you’d like a free confidential consultation, I can be reached 24 hours a day at: 714-881-7145 or by email at maguilar@aguilarsonnonstine.com

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Do not post anything else on the list. It sounds like you were at the wrong place at the wrong time. There are plenty of avenues in which to fight this case. Westminster Court is a tough court and you definitely need expert preparation.

Seth Weinstein, Esq.
Southern California Criminal Defense Attorney
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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If the real driver is never brought to justice but you gave information to the police about this person, you can point out in trial that the investigation was incomplete and therefore should not be accorded substantial weight. Kyles v. Whitley.

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