Q: My brother made an illegal u-turn and chp pulled him over.i was not inside the vehicle but was arrested for dui
I was walking a block and a half away and walked up to the car that my brother had already parked that's when I was put in cuffs.
A: I'm sure there's a question here, but I can't figure it out. If you're wondering about defending the case you should discuss the facts with a local DUI defense attorney, there are several good ones in Santa Clara County. The prosecutor has to put you behind the wheel of the car, since you weren't actually driving or seated in the car he/she will have to do it with circumstantial evidence which can be difficult to use to convince judges and jurors.
A: You have a not-driving defense. You will need a quality lawyer who will take the time to gather all the evidence and develop the defense. Obtaining patrol video, body-worn camera video and digital audio will be essential. You may also want to get sworn statement from your brother stating the facts.
The CHP would have to prove that you were driving at some point. If the CHP was directly behind the car when the U turn was made, there would be MVARS video of the driving and hopefully show that you weren't the driver.
Did they also arrest your brother? Were you in the car when he made the left turn or get out after the turn. Where were you coming from?
These are the types of issues that you should discuss with your attorney. Hopefully you consistently said you weren't driving and what did your brother say? Make an appointment with an experienced criminal defense attorney to review the facts, but it appears to be a triable case.
More info needed.
you should get a quality DUI lawyer. If you can't afford one the court will appoint one for you.
they have to be able to put you behind the wheel.
they may say they saw 2 of you in the car and then 1 bailed.
if they can't put you behind the wheel you should win the case.
where were you coming from while walking and where going to ? how far from home or where you were going or coming from.
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