Q: Can I still get an OVI conviction if I wasn't actually driving at the time the police approached me?
A: Yes, you can. People are often convicted of offenses though they were not caught in the act.
A: Any criminal case can be proven by either direct or circumstantial evidence. In DUI cases, especially those involving accidents, it often happens that the defendant is not behind the wheel when the cop arrives. That does not mean that the case is unwinnable.
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