How Can Police Prove I Was Driving In A Rockland County DWI?

If prosecutors want to convict you of a DWI in Rockland County, they must prove that you were driving at the time of your alleged offense. While this might seem like an obvious requirement, it may give you a chance to defend yourself in certain scenarios. What if you were never actually driving your vehicle? How can you prove that this was the case – and could it help you avoid DWI consequences? The answer is somewhat complex – and it depends on your unique circumstances.

What if You Had a Designated Driver? 

Cases of mistaken identity are relatively common in DUI cases. Perhaps you had a designated driver, and police wrongfully accused you of driving when you were actually riding as a passenger. Officers may have asked you both to exit the vehicle before forgetting who was actually behind the wheel. Maybe you and the designated driver look very similar. Perhaps you are siblings. Whatever the case may be, you could argue that the designated driver was the one behind the wheel – and that you were never operating the vehicle. 

What if You Got Out of the Car Before Police Arrived? 

Another common situation involves exiting the vehicle before officers arrive. Maybe the car you were riding in crashed, and police arrived to find you and the other occupants sitting on the curb. In this situation, there is virtually no way to prove who was behind the wheel at the time of the crash. Despite this, officers may arbitrarily single out one individual and accuse them of operating the vehicle while intoxicated. In this situation, you and your lawyer may be able to argue that prosecutors lack the necessary evidence to convict you. Remember, prosecutors must prove your guilt beyond reasonable doubt. 

What if You Weren’t Even Driving? 

You may also face false DWI allegations if you were sitting in a parked vehicle at the time of your arrest. Generally speaking, you may escape DWI charges if you were merely resting or sleeping in a vehicle without operating it. That being said, this defense strategy may be challenging for various reasons. First of all, officers may argue that they have a viable reason to suspect that you were driving while drunk. Perhaps the keys were in the ignition – implying you had recently operated the vehicle. A lawyer may be able to help you prove that you never actually fired up the engine.

Can a DWI Defense Lawyer in Rockland County Help Me Prove I Wasn’t Driving? 

A New City criminal defense lawyer may be able to help you prove that you were not driving at the time of your alleged defense. While this strategy may only work in certain scenarios, it has the potential to help you avoid virtually all DWI consequences. To learn more about this strategy, contact Phillip J. Murphy, Attorney at Law today.

Sources: 

msn.com/en-us/news/crime/driver-nabbed-for-dwi-while-en-route-to-pick-up-drunk-friend-in-northern-westchester/ar-AA1rh5f7

herocampaign.org/about/