Not Driving: How Can it Be Used as a Defense for DUI?
Our Bakersfield DUI Lawyers Offer Cutting-Edge Defense
At Campbell Whitten, our Bakersfield DUI attorneys work together to develop
a convincing defense strategy for those who have been charged with driving
while under the influence. Everyone’s case is unique, which is why
our team utilizes specific techniques appropriate to each case and puts
our heads together as a team to build a tailored defense on your behalf.
If you were not even driving your vehicle when you were arrested, we may
be able to use this as a defense.
In some cases, the officer will receive a call that a person was driving
erratically and track the vehicle to the person's house or another
residence. He or she may be arrested for drunk driving at the site where
their vehicle was found, even if they were not currently inside. Is this
an appropriate and valid arrest? The answer may be that the arrest was
technically legal, but a 'legal' arrest is still a long way from the
proof beyond a reasonable doubt that the prosecution must have in order to convict you - and we often
DUI charges dismissed in cases like this. If you have been charged with
DUI under a similar circumstance, do not hesitate to contact us today
and we can assess your case.
Meet with our team during a
Building a Defense of Not Driving
California law states that the police officer must prove beyond a reasonable
doubt that the defendant was actually driving the vehicle, and that the
alleged drunk driver became intoxicated before or while they were driving,
not after. The exception to this rule is if the prosecution can establish
how much time had passed and that there was no opportunity for the defendant
to drink any alcohol.
Certain pieces of evidence can make it difficult for the prosecutor to
prove your case, such as an open container in your possession after you
left your vehicle. This is why it is essential that you document everything
about your case and provide this information to your attorney. You never
know what details can be the tools to achieve a positive result to your
case. Our firm may find that the officer had no real evidence for a valid
If you are in need of legal protection from our Bakersfield DUI lawyer,
do not hesitate to call (661) 735-1038. We offer award-winning services
and are able to assist you 24/7.
Call us today!