In order to convict you of driving under the influence, the prosecutor must prove the following two facts (otherwise known as "elements of the crime"):
that you drove a motor vehicle, and
that you were under the influence of alcohol and/or drugs at the time you drove.
In regard to the fact that you were not driving, California courts
have held that some movement of the vehicle is required in order to constitute driving. And courts have further held that this movement may be proven by circumstantial evidence. Circumstantial evidence is any evidence that doesn't directly point to guilt, but can be inferred from the surrounding circumstances. If this is not present, there may be a motion to dismiss the case, if the prosecutor can not meet and prove the basic elements of the crime. If you are unable to retain private counsel, you need to request the services of the public defender. They will make a demand for discovery and see the evidence which the State has and is going to use against you. If there is no evidence to show you were driving or in actual or physical control of the vehicle, then the case would need to be dismissed since the State could not proceed in good faith, without anyone being able to place you behind the wheel of the vehicle.
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