How to get arrested for DUI in Maryland when not driving a car:
After an accident the police show up to sort out the details; but what if the cops smell alcohol on somebody’s breath and charge them with DUI without carefully determining who was actually driving the car? That is what happened on our case this week. Our client was involved in an auto accident and the police somehow surmised that our client was driving when in reality he was not the driver. Then the case becomes a matter of the State trying to prove the Defendant was the driver and the defense proving it was somebody else.
Sometimes the actual driver of the vehicle blames the other person for driving and the officer then makes a judgment call as to who was driving. Generally when a client tells me that they weren’t driving they continue with a “friend” was driving. I proceed to tell them that I need to speak with the friend. It is at this point that the client decides his friend is unavailable or the friend simply never shows at the DUI trial. I set up a case review with this client a month before trial and strangely the “friend” actually showed up.
Today, at the trial of the case in Anne Arundel County, Maryland I actually found myself advancing the “I was not the driver defense.” The Defendant testified at his DUI trial that his friend was the driver and the friend actually testified and corroborated that statement. Naturally the police and State did not want to hear any part of that because their case would fall apart and there would be no conviction. Even after hearing the testimony of the driver, the prosecutor thought he could still make his case. We continued the fight and won on all charges!
The moral of this story as we so often write is to find a trial attorney that is not afraid to take the case to the mat. So few attorneys are interested or prepared to try a case that when DUI cases are actually tried, surprisingly good things can happen. Conversely, if a case is not tried, you cannot win.