If the 911 caller was intoxicated and identifies the driver whom they are making a complaint on as the opposite sex, how likely are charges to stick? The police who responded to the call also did not witness anyone driving the vehicle but when shown a picture of the cars registered owner, the witness changes their story and identifies the registered owner - going against his initial statement accusing an individual of the opposite sex.
Your case will be based on the totality of the circumstances. One of the elements of the crime that prosecution will have to prove beyond a reasonable doubt is that you were driving the vehicle. According to the facts you presented the officer did not witness you driving and the witness failed to properly id you and later provided an inconsistent statement. These are all facts in your favor and handled on cross examination. However, there are no guarantees--juries are unpredictable. And there maybe other witnesses or evidence (direct or circumstantial) to prove that you were in fact driving. Your attorney needs to file a motion to compel discovery to get all information from prosecution.
Also, another avenue your attorney should take at an early stage is to file a motion to dismiss. And lastly, if the case is as weak as it sounds, a plea bargain for a lesser crime could/should be reached.
Best of luck!
It's really impossible to predict the outcome of a trial. What you describe would certainly be used to attack the credibility of the witness.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
This is a tough question to answer without more details. Does the alleged DUI driver's appearance lend itself to such a mistake due to hair length or other features making such a mistake reasonable? Was the level of intoxication of the 911 caller significant? Did the caller make additional mistakes that make him or her unreliable?
Well, it's not really possible to predict what a jury will do. They're human beings, and they will assess the evidence and testimony as it is presented to them. To really give you advice about what your chances are, and whether to proceed to trial, a lawyer would have to look at your whole case file, and make an educated determination.
That said, everything that you mention is fodder for cross examination to undermine the case against you. Your attorney will know how to conduct the cross examination of the witnesses in the best way possible to try to secure an acquittal. If the jury sees it the way you see it, hopefully all should go well. But you never know. We're not in the business of being able to offer any guarantees.
I do hope you have a lawyer. If not, you need one NOW! If you cannot afford one, request that one be appointed to you. It is your right. And do not post any further information about your case online. Anyone can read Avvo, including police and prosecutors. If they figure out the case you are talking about they can use all of this against you, and try to prep their witnesses so that their case looks better than you are describing it to be.
Best of luck!
Dear Asker: This answer does not constitute legal advice, and I am not your attorney. No attorney-client relationship is established between me and you by my answering your question. You can receive general information about the law here on Avvo to help you understand it better, but if you want actual legal advice, call an attorney for a private, confidential consultation.
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