Another person driving - DUI

[maverick83]

What is the name of your state?
California

I was arrested last night for a DUI. I went to a party to meet up with a friend and after a hour or so I wanted to get home. I had been hanging out with a guy I didn't know very well, as I had only hung out with him at parties we both happened to be at. His ride left so when he heard I wanted to go home he said he wanted a ride. I told him I did not want to drive because I had been drinking. He offered to drive, as he said that he had not been drinking. I gave him my keys and we headed out. He made a u turn and went to wide and went up the sidewalk and hit a wall. After the initial shock he got out of my car and took off. When the police arrived soon after, I was walking around inspecting the damage. They asked me what happened, and I explained my situation. They told me that I was lying and that they were going to arrest me. I passed my field sobriety test but blew a .15. I have a witness who saw me get into the my car and the other guy driving my car. What should I do? What are my chances in court?

 

[CdwJava]

Bring the witness who saw the other guy get in the car. Frankly, I wouldn't believe the story either ... especially if you don't know his name at all ... please say you at least know his name!

Can anyone else verify that this mystery man exists? Certainly someone at the party knows who he is. It might certainly help to get this information.

While the state has to show that you were driving, one of the exceptions to personal obvservation normally required in DUI is at the scene of a crash. Without some compelling statements from people that know this other guy exists and saw him get into the driver's side of your car, the tale will sound like one of many such tales that the police, lawyers, and judges here all the time. It MIGHT work, but likely only if some measure of the story can be corroborated.

- Carl

 

[maverick83]

We are on a first name basis, like I said I don't remember his last name.

 

[maverick83]

Oh im sorry but also my friend saw me get into the the car with him driving does that help?

 

[CdwJava]

It would certainly help. But you will still need an attorney. You migth consider having your friend make a notorized statement to the effect that he saw the other guy get into your car on the driver's side, and then ask all your pals to try and track down this other guy. Your BEST bet would be to produce the driver - or at least to identify him.

However, if the friend who saw you get in the car saw it in a time frame that would have been reasonable for him to have driven straight there from the party (i.e. no time to stop and fiddle around between the party and the crash site), then you may have built in reasonable doubt as to the criminal offense. however, you are likely to still be liable for any and all damages.

- Carl

 

[maverick83]

The only damage done was to my car, no property damage or other people damaged.

 

[maverick83]

i forgot to add, the guy took my keys with him when he ran off, does that help at all?

 

[CdwJava]

It all helps. But having the ID of the guy (first and last name) would be the best defense. The other stuff can be explained away.

- Carl

 

[maverick83]

What other stuff can be explained away?

 

[CdwJava]

I can explain that there were no keys because you threw them away as the police arrived ... I can explain that the mystery driver and you changed places long before the crash ... etc.

Doubt can be cast on each argument you present, and the motive for you to say they existed is obvious - avoid prosecution. Thus, it is imperative that you ID this fellow to provide you with the best possible defense. Otherwise, it's still a question mark even with the testimony of your pal.

- Carl

 

[fagettaboutit]

Just tossing this out there. What about finger prints. If there was another driver at the time, wouldn't their finger prints be on the steering wheel? Like I said, I'm just tossing this out there.

 

[CdwJava]

It's a possibility. But, I doubt the police checked for prints.

Plus, if the prints did not come back to a match for anyone (and unless someone's prints are "in the system" they will not come back with a 'hit'), they prove only that someone was behind the wheel at some point in time and not that they were driving at the time of the crash.

Though, it's a good thought.

Along with that, one of the things the officers SHOULD have checked (but probably didn't) was the seat adjustment and mirror alignment of the driver's seat. If the mystery driver was taller or shorter than the R/O, then you would expect that these would be positioned such that a driver of the R/O's stature would not have adjusted them so.

- Carl

 

[renegade83]

Received Police Report

I am the original poster, I changed my username though. I have received my police report and wanted to put down the details for interpretation or advice.

I was placed as a party by the following items:

1. Subject is registered owner
2. Subject injuries (The driver side window smashed upon collision. I had a few scratches on my arms and the police said that I must have gotten them because I was in the drivers seat. I can easily explain where I got them from)

I have the following defenses:

1. The police were unable to find any witnesses to the collision. They were dispatched to the scene by an anonymous tipster who had heard a collision. They gave no descriptions of a vehicles/drivers.
2. I had no keys (The driver must have ran off with them without realizing it.) Without keys, there was no way I could have been in actual physical control of the vehicle.
3. I have 3 witnesses that saw me get into the passenger side of my car with the other person driving not ten minutes before the collission.

There were several inconsistencies in the police report about time. One officer stated that they were dispatched @ 1:37AM and the other officer, the arresting one, stated that they were dispatched @ 2:05AM. However the arresting officer also stated that he arrested me at 2:03AM which is before he said he was dispatched. My Alcotest 7110 MKIIIC start time was 2:38AM. I am not sure if this helps any, so please let me know if you have any suggestions.

I was never read my Implied Consent Warning, and the officer did not document anything on acceptance or refusal of the breath test. I was never given the option to retain a sample of my breath, blood, or urine. Will this have any effect at all?

Please comment if you have any suggestions/advice.

 

[rmet4nzkx]

What progress have you made in securing witnesses and the last name of the person who you report was driving, you have his first name, have you found out his last name, perhaps the host of the party knows them or who they came with.

 

[renegade83]

That is where the difficulty lies, as I did not know anyone there. My three witnesses who saw him driving were the people I knew. I invited them to come over and hang out, as I had no one else to hang out with.I wanted to get home because I was bored and thats where this whole fiasco started. That is why I let the other person drive, as he told me earlier he lived near me. I have been trying to go through friends of friends, but it is all telephone, as I recently moved to San Diego. As you can imagine it is extremely frustrating, I want this dude to pay for what he did.

What about my defenses? Any suggestions? I realize that it would be best to find this guy, but I am hitting dead ends.