Driving is necessary to prove DUI in Vista and all of California, and is an element of the crime just like impairment or being .08 blood alcohol level or more. It must be found beyond a reasonable doubt that the person was in control of the vehicle and there was some voitional movement of the vehicle. Driving does not have to be seen by the officer, but can be proven by testimony of other witnesses or the “circumstances” which may show driving beyond a reasonable doubt.
Solo accident cases where there are no witnesses are an example of circumstances where driving could be shown. For instance, a car is found upside down on the side of the road, the driver is still suspended in the seat belt in the drivers seat and the engine is running. Even if the alleged driver is walking on the road in a remote area several hundred yards from a car in a ditch. The alleged driver has the keys to the car in his pocket, the car is registered to him, there is no one else around, the vehicle’s engine is still warm and there is no alcohol found in the car or in the area. Clearly there appears to be substantial evidence of driving, it is up to a jury to determine if it is “beyond a reasonable doubt.
Experienced criminal and DUI lawyers evaluate the evidence and have a pretty good feel what a jury may do and advise you appropriately. The better your evidence is, the better the possibility of a negotiated lesser charge or penalty. Then you can decide whether to take the risks and expense of a trial or compromise with a settlement. Call the experienced attorneys at Christoph Law Offices at 760-941-5720 for a free consultation. We have been helping people just like you achieve the best results in their cases from outr Vista Offices for over 32 years.