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

Asked about 1 year ago - Garden Grove, CA

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)

  1. Curtis Lamar Harrington Jr

    Contributor Level 20

    14

    Lawyers agree

    Answered . 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... more
  2. Matthew Murillo

    Pro

    Contributor Level 18

    13

    Lawyers agree

    Answered . 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... more
  3. Seth Andrew Weinstein

    Contributor Level 15

    13

    Lawyers agree

    Answered . 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... more
  4. Moises Aguilar

    Contributor Level 11

    10

    Lawyers agree

    Answered . 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... more
  5. David Lee Fiol

    Contributor Level 16

    9

    Lawyers agree

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

  6. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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... more
  7. Gayle Anne-Marie Gutekunst

    Contributor Level 17

    7

    Lawyers agree

    Answered . 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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