DUI defenses that work, the “No drive” defense.
When it comes to DUI law, there are two types of DUI defenses. Â The first type would be DUI defenses that sound nice on paper or in your lawyer’s office. Â These are great for legal debates or a nice scholarly article, but they won’t do you much good when it’s time for the jury to return a verdict. Â Even if the entire board of forensic toxicologists in Sweden agree that the breathalyzer your local police agency is using suffers from fundamental design flaws, you may have a hard time winning your case in front of 12 jurors that think the machine works just fine because “that guy in the uniform said it works just fine”. Â The second type of DUI defense is the one we are looking for around here and that would be DUI defenses that work. Â Day in and day out in trial courtrooms in California, what kind of defense are leading to not guilty verdicts?
In my experience as a California DUI attorney over the last 13 years, I have personally handled thousands of DUI cases. Â I have seen thousands more. Â As a trial lawyer, one of my favorite hobbies is to watch the closing arguments in a DUI jury trial. Â So anytime I’m in court to file a motion, enter a plea, pick up paperwork, whatever, if there is a DUI jury trial going on nearby, I am going to stop in and listen for DUI defenses that work. Â Without fail one of the most effective defense strategies in a California DUI case is the “No Drive” defense. Â When presenting a “no drive” defense to a DUI charge, we don’t go after the issue of intoxication. Â Remember, it’s not a crime to be over .08 in California. Â The crime involves DRIVING while being over .08. Â No drive defenses are often effective in situations where the police arrive after the driving took place. Â Perhaps the driver is apprehended in a parking lot, after an accident, or on foot.
The District Attorney will usually argue that the circumstantial evidence suggests that the person was driving the vehicle. Â How else did the car get there? Why are the keys in your pocket? Â Are you the registered owner? Â The law does allow a jury to return a guilty verdict in this situation, but they often do not. Â Juries want to hear proof. Â In fact, the law requires a finding of proof beyond a reasonable doubt. Â So when a jury is left with questions instead of evidence, the verdict is usually not guilty.