Linden, TN asked in Car Accidents, Criminal Law and DUI / DWI for Tennessee

Q: how can i be charged with a driving related offense if i was not even in the car upon the first officer arriving

dads truck broke down, left it in the driveway of someone to avoid leavings it in the middle of a public road. i walked down to the location of the car in middle of the night due to my brother mentioning the presence of flashing lights at the truck. Upon arriving walking up to the situation the very first thing i said was i disclosed that it was my dads truck, i dont have a license, we were going to assess the situation in the morniing when it was light out. the sheriff asked if i had a reciever and ball that he could hook up to his squad car, i said i did not, so he told me if i walk up to my brothers and get one he will pull me out of the driveway without incident and let me go from there. I asked if he had planned on doing that and then arresting me for driving on revoked. He said no. As im walking back down to the scene, 4 or so more police, troopers etc. pass me. i never had keys so when pulled me without brakes i went into squad car. then arrested due care dui revoked truck towed

1 Lawyer Answer
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Not sure of your question, but you have stated alot of facts on a public forum. If charged with DUI, that is your main concern. Hire a competent attorney to prepare for a Preliminary Hearing. Apparently your actions or statements caused the LEO's to think you had the capability of driving. They probably have some other evidence of your involvement, like driving, that you do not know about.

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