Q: I was charged with a dui but when police showed up my car was off and i was out of my car
They were called because i hopped a curb and my car got stuck on bushes and rocks
A:
Recognize that you're asking your "question" in a Pennsylvania forum, so I'll presume that you were cited in PA. If not, try asking your question in the New Jersey forum for help concerning New Jersey law.
I'll also presume that your question is, "How can the cops cite me for DUI under these circumstances?" The circumstantial evidence is that you drove your car to that location (which is a pretty reasonable presumption, and almost certainly true). You may have also specifically told the cops that you were driving while at the scene, even if you don't recall that, and this would be *direct* evidence of your operation of the vehicle. In any case, the cop's reasoning should be spelled out in the Affidavit of Probable Cause attached to the Police Criminal Complaint, and you should've received this by mail from the Magisterial District Court.
If your case is anywhere in the eastern portion of Pennsylvania, I'd be happy to help. Feel free to contact me offsite to further discuss your case.
Ryan L Hyde agrees with this answer
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