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If you flip your car while driving under the influence...  

Posted by: Meredith

How do you get out of a DWI ticket if you wreck your car while driving impaired? Well you must make sure the police can not 'put you behind the wheel.' If the police can not prove that you were the driver of said wrecked car, you can not be charged with DWI.

(NOTE: I do NOT in any way condone drinking and driving!)

But while in my NC Procedure law class, taught by a judge, we were learning about DWI cases and how to get your client a lesser charge. One story told to us was of a man who wrecked his car after he had been drinking. Before the police arrived at the scene the driver got out of the car and when the police asked if he was ok the man responded, "I am but you should check on the driver." Needless to say, the police found no driver in the car, and the man could never be 'put behind the wheel' by the police.

I figured this kind of stuff never happens, but this morning I read this news story and can't help but to wonder if there ever was another person involved in this wreck, or is the passenger really the driver?


This entry was posted on Thursday, November 06, 2008 . You can leave a response and follow any responses to this entry through the Subscribe to: Post Comments (Atom) .


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