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Christoph Law Offices, DUI & Criminal Defense
Criminal Defense 40 + Years Experience

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760-670-3885

Christoph Law Offices, DUI & Criminal Defense
Christoph Law Offices, DUI & Criminal Defense

HIGHEST RATING IN LEGAL ABILITY
AND ETHICAL STANDARDS

  • Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

Is “driving” necessary for a DUI in Vista, California?

On Behalf of | Aug 21, 2014

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 760-670-3885 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.  

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HIGHLY RECOMMEND

I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
– Mahir B.

AMAZING ATTORNEYS!

Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
– Collin W.

EXPERT IN HIS FIELD

Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
– Soheila N.

Defending Against DUI and Criminal Charges Throughout San Diego County

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