Lawyers in San Diego frequently entertain inquiries from people accused of DUI, Driving Under the Influence of Alcohol or Drugs.
The thing is, many times the police cannot prove actual driving. This new article by the San Diego County DUI Law Center attempts to shed some light on this subject.
Fundamental questions often begin with:
1) Can the San Diego area DUI cop testify he personally saw the person drive the car?
2) Does the San Diego DUI officer have personal knowledge of witnessing driving?
3) Was the vehicle lawfully parked when the San Diego DUI cop arrived on the scene?
4) Was the accused in the car when the officer initially arrived?
5) Is there a witness “identify” the accused as the driver?
6) Could someone other than the accused possibly have been driving?
7) Can the DUI Prosecuting Attorney prove the vehicle actually moved three hours before the California DUI chemical test?
8) Does this evidence show the corpus delicti for the DUI charge? Was there volitional movement of vehicle + positive ID of driver?
9) This warrantless arrest was unlawful or a lawful DUI arrest?
Visit San Diego DUI Attorney Rick Mueller’s new article for some important case law.