My car started smoking and wouldn't drive any more. Fire department arrived cause my car was on fire and smoking heaviedly and also cup arrived. I wasn't the driver of the vehicle and wasn't in the vehicle when the police arrived. They gave me a breath alizer and arrested me for DUI. My right weren't read and search my car.
You need to get a criminal defense attorney on your side. The issue as I see it might be that the state does not actually have a "wheel witness."
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
In California, there must be some volitional movement of the car by "you" while you are impaired by drugs or alcohol or have blood alcohol level of .08 or higher. If you were arrested for a DUI, I expect that law enforcement believed you were the driver of the vehicle and that you had been driving under the influence.
If you were not the driver of the vehicle, I hope the reports indicate who you say was the driver and that the individual will corroborate what you told the police.
The search of your vehicle is generally called an inventory search and is routinely done in instances like you describe.
The reading of the rights in DUI cases is seldom done because they have asked you all the questions they need to while they are investigating whether a crime has been committed. For the most part, in DUI cases it is the officers observations of you and the results of chemical tests that are being used to prosecute a case.
You really should look at AVVO's list of local attorneys and select a couple you think look suitable and make office appointments to discuss the specific facts of your case.
Yes you can be arrested under these facts, unfortunate and surprising as that they may be. A good criminal defense attorney can help you find any defenses you may have.
You MAY have a SODDI defense but DMV MUST be contacted within 10 calendar days or you lose your license. there are many issues ie whose car? Who had keys? WHO will testify they drove? the fact your "rights" were not read...which one? re blood, breath, Miranda, implied consent,right to attorney?????get a lawyer ASAP most give initial free advise: PS donot BS your lawyer...I have 42 years experience doing DUI nothing else 27...so get a lawyer where it happened ASAP
I am not a "civil" lawyer and donot rely on me for advice except to go get a lawyer
DUI cases like any other crime can be proved by either direct or circumstantial evidence. When a person is not seen driving a vehicle but the officers have reason to believe based on their observations that you were the driver or probably the driver and are impaired they can make the arrest. It doesn't mean they have enough to prosecute and it doesn't mean you don't have a defense it simply means that they are within their rights to make the arrest based on the circumstantial evidence they view. It strengthens their case when you are alone it also strengthens their case if you have the keys to the car and its your car also if you fail to tell them that someone else was driving at the time of arrest as this would be a normal response for people who are being investigated for DUI who actually were not the driver of the car. However having said all of that prosecution's case is typically weaker when they don't see driving even if you are the driver because they typically don't have the time of driving and therefore they don't have how sober you were at the time of driving and they don't have an alcohol level at the time of driving
its at that point is merely guesswork.
My car started smoking and wouldn't drive any more. Fire department arrived cause my car was on fire and smoking heaviedly and also cup arrived. I wasn't the driver of the vehicle and wasn't in the vehicle when the police arrived. They gave me a breath alizer and arrested me for DUI. My right weren't read and search my car. I have 3 words for you , "ready for trial," it is not until the DA hears those words that you will have any meaningful negotiations, and even then I doubt it. Get ready, hire a dui trial lawyer, put on the boxing gloves, and dance! Look for a dui trial lawyer in your area, check their trial credentials, and be willing to fight for your constitutional rights. Good luck!
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