If we had a sober drive and ended up crashing because of the snow can i still get a DUI
6 attorney answers
He can be charged. Police can charge but that does not mean he will be convicted and it sounds, from what you are disclosing, that he would have a great case.
Can he be charged with a DUI? Sure. Will he? I don't know. Will he be convicted? Probably not under the facts you're describing. I have handled cases where DUI was brought because the police believe that an intoxicated person was driving at the time of a crash. Generally, someone needs to see the intoxicated person in physical control of the vehicle either during or shortly after the accident. Thus, two elements- defendant was driver and defendant was intoxicated. They have burden of proof on both elements. If you had others in the car that can testify to who was driving if necessary, this should provide him a defense that will result in these charges being dropped very quickly. There may be other charges such as failure to maintain due care or reckless driving because it is the driver's responsibility to operate a vehicle safely under the circumstances.
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I agree with the responses you have already received. The facts you've set forth are absolutely a defense to the DUI charge because your boyfriend was not operating the vehicle. They can charge him, but the Commonwealth has the burden of proving his guilt beyond a reasonable doubt. He needs qualified counsel ASAP. Most lawyers who participate here, myself included, will speak privately with him without charge in an initial conversation. The next step is pretty obvious. Good luck.
Your boyfriend has a valid defense if he is charged with DUI. He also has 2 witnesses, you and the driver. My best advice is to contact an experienced criminal defense attorney immediately first thing tomorrow morning. There are several regular contributors to Avvo in your area who fit the bill. Mr. Jones comes immediately to mind. However, if necessary, use the "Find a lawyer" feature on Avvo to locate others. Do not post any additional information on this or any other public site such as Twitter or Facebook. Good luck.
These kinds of cases are tricky. Assuming the actual driver has no reason to not step forward and admit that it he was the driver, your boyfriend ought to be having his legal counsel pursue that path. He ought to hire a local criminal lawyer that has experience with the prosecutor's office in question. Even though I am licensed in PA, that is not me. A question: did you or your boyfriend tell the cops on scene who was driving?
This is a question of fact that will ultimately have to be decided by a judge or jury. However if you can provide some proof that you were not the driver, usually the district attorney's office will listen to what your attorney has to say. I represented a client in Butler County 2 years ago with a similar issue, however the driver in that case had left the scene to go get gas when the vehicle had run out of gasoline. I was ultimately Eagle to get the dui charge dismissed for my client, however every case is different. I would contact a local attorney to discuss this case with them. I have little doubt that you will need an attorney to get the results you want in this case.
The information provided in the above answer is not legal advice, nor is it intended to be legal advice. It is general information that is incomplete and may not specifically apply to your particular circumstances, so you should not act upon it until discussing your situation with an attorney.