What happens when you are arrested for dui second within 5yrs of the first and your outside the car the key is in the ignition b

Asked almost 2 years ago - Lynchburg, VA

I didnt drive i was outside my car when cops came and car was off my use to be friend who is an informant says i was driving it was another person there she drove a vehicle and my other friend drove mine he took off and left they blame me

Attorney answers (4)

  1. John Weber III

    Pro

    Contributor Level 11

    3

    Lawyers agree

    Answered . A DUI case can be shown by direct and/or circumstantial evidence. Possession of the keys, while circumstantial, may not be sufficient to prove you guilty beyond a reasonable doubt. Remember that you are presumed innocent until the Commonwealth proves the case against you. Unlike most DUI cases, you at least have some very good facts making a fight for your liberty that much more appropriate. Hopefully you did not make any admissions to the officer about operating the vehicle and unless the officer can put the pieces together, the General District Court judge may not be persuaded beyond a reasonable doubt that you were driving. This sounds like a "triable and winnable" case, although more facts and information are probably necessary to really know the full story.

  2. John-Paul Patrick Gilson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree with the other attorneys responses. You should seek the help and aid of an attorney quickly.

  3. Scott Christopher Nolan

    Contributor Level 9

    1

    Lawyer agrees

    Answered . First and foremost, contact an experienced DUI attorney in your area right away!

    Second, stop talking. Don't talk to the police, your friends or anyone involved with the case until you have spoken to and retained a DUI attorney. DO NOT contact the drivers yet. Talk to the attorney first!

    Third, the prosecution doesn't need perfect, undeniable proof of your driving. They can make their case (easily) by the use of witnesses who know you and testify they saw you drive. This is why it is imperative that you make no further statements until you speak with your attorney.

    And remember - when confronted by the police, don't lie; don't explain; don't tell the truth. Just don't say anything and NEVER EVER perform field sobriety tests. They are voluntary and designed to help the police, not you.

  4. Patrick Owen Earl

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . Track down the driver and see if he/she will testify. Or subpoena him/her to court and put some pressure on him/her to testify that that person was driving. It is always better for your case if the person comes in voluntarily. If not, see if there is any other people that can testify that you weren't the driver, that this other person was the driver. This is more difficult but possible. Is there a way to determine that you weren't driving because the seat was pulled up way close to the wheel and you are a tall person? Was there any cameras that caught the real driver in the drivers seat. Be creative. Good Luck Get an attorney to help you for sure.

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Second DUI

Second DUIs are subject to increased penalties, though certain factors may affect whether a DUI is actually considered a "second" offense.

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