DUI DEFENSE: No Driving Defense
“No driving defense” is One of common defenses for driving under the influences. It is typically used in cases where the police did not not observe driving (such is a common case in DUI prosecutions that involve an accident). A recent case in my practice involve an arrest of an extremely intoxicated Spanish speaking gentleman who was found next to his crashed car. No one observed the accident, however, there is an apparent confession by the client (who incidentally does not remember confessing). Eventhough client denied driving, his story was somewhat improbable and I knew that Los Angeles City Attorney could not be convinced by my client’s statement. To convince the prosecutor that my client was not the driver of the vehicle (despite being clearly drunk), our firm conducted an investigation and talked to all witnesses of the accident that we could find. Based on our investigation, it became clear that our client was not the driver of the vehicle because the person who placed the 911 call observed another individual climbing out of the wrecked car.
Unless we are able to convince the prosecutor that our client was not the driver of the vehicle, this case will proceed to a jury trial as a “no driving defense” case.
Most difficult part of the trial would be possible testimony by my client who’s testimony will need to address his confession. He will be impeached with his confession and need to be able to withstand cross examination by an experienced Los Angeles city DUI prosecutor. Luckily, as often the case, it is my decision to offer my client’s testimony or not. Failing to offer client’s testimony usually is addressed with the jury by pointing out that it is attorney’s choice (to wit, mine) and based on evidence presented, I decided that the People did not meet their burden of proof.
If you have a case with no driving defense in Los Angeles, please call our Los Angeles DUI attorney directly at (818) 921 7744 .
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