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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  10+ years defending Misdemeanor and Felony cases.
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I was in the United States in Sumas Wt. two weekends ago. I

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I was in the United States in Sumas Wt. two weekends ago. I was in a bar called El Nopals having a couple of drinks. While I was there 3 guys b-friended me and I stayed for a couple more. I then was ready to leave and I was going to call a cab. One of them said that they were heading up the mountain as well and that his friend was okay to drive. I got stupid and trusted the one guy to drive my truck up the mountain to my place and they were going to leave from there to go home. One guy drove, one got in the passage seat and I got in the back seat with the other. Well the one driving put my truck in the ditch. He then took off and took my laptop with him. Some people came out of the house that was there and I asked the woman if they had called the cops cause I wanted them involved and she said they had. When the cops came they talked to the two guys that suck around. They then came and talked to me and said that I was under arrest for dui. I told them that I wasn't driving that I was in the back seat. The cop said that the other two guys said that I was driving because their friend had ran off and they were covering for him. So now I'm being charged for dui In the states. How do I prove I'm not guilty of this. I was not driving I was in the back seat. I don't even know these guys, I know I'm stupid, I'm too trusting. thanks Diana

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand the situation and your concern. The burden is on the State to prove the charge against you beyond a reasonable doubt. To do this, one of the elements which they must prove to succeed on a DUI charge is proving you were in actual or physical control of the truck. This is going to be hard to do, when the officer shows up after the fact and did not witness you driving. Moreover, the State would then need to subpoena the two other guys and have them testify under oath, that you were the driver and there friend was never behind the wheel. I am inclined to believe that they would not want to cooperate or appear, since they would have to lie under oath and your attorney could depose them, to try and obtain the name of the friend who crashed the truck and stole your laptop. In addition, you can take the stand and testify that you were not driving and the facts of the case. It is a case that will likely need to go to trial unless the State realizes they do not have enough evidence to proceed in good faith.

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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!