DWIs & Car Accidents-How Can the Officer Prove Who was Driving?

Wake County, NC - DWI Attorneys

How Can Police Prove You Were Driving?

Before the court may find a driver guilty of Driving While Impaired, the police officer must prove that the defendant was operating a motor vehicle. In most DWI cases, the police officer sees the driver driving a car, stops the car and identifies the driver. In Wake County North Carolina DUIs involving car accidents, the police officer seldom sees the driver driving. Instead, emergency workers and eyewitnesses usually tell the police officer who was driving the car.

The police officer cannot testify about an eyewitness identification of the driver unless the eyewitness also testifies at trial. If those eyewitnesses don't come to court, their identification of the driver is inadmissible. The next best evidence a Raleigh police officer can present in these DWI car accident cases is the defendant's confession that he was driving the car.

The Raleigh police officer will ask you to admit that you were driving, state where you were coming from and going to, identify anyone else who may have been in the car and confirm that you have not consumed any alcohol or drugs since the car accident. If you don't admit you were driving the car and the eyewitnesses don't come to court, then there may be no evidence to prove you were operating a motor vehicle.

Please don't talk to the police officer, consent to field sobriety tests, chemical tests, or a breath test.  Refusing any of these does not constitute probable cause. Say ‚ CAN I LEAVE?‚ and DON'T TALK to the officer. Then say ‚ I WANT TO SPEAK TO A LAWYER.  You may be required to present your driver's license, but you cannot be compelled to answer questions.Following the 5 RULES listed below can force the court to find a guilty defendant NOT GUILTY for lack of admissible evidence.

Other evidence the Raleigh officer may present at trial to confirm the identity of the driver includes the location of the car keys in the defendant's pocket, the car registration identifying the defendant as the vehicle's owners, the absence of other people at the scene suggesting the defendant was the only person who could have driven the car, seat belt bruising on the defendant's left shoulder and other injuries to the defendant consistent with his driving the car. Without the defendant's admission to driving the car or an eyewitness' identification of the driver, this other evidence is seldom enough to prove the identity of the driver beyond a reasonable doubt.

5 Rules to Follow

1. Say, ‚ CAN I LEAVE?‚ If the officer says yes, then GO.
2. DO NOT talk to the officer. You may give him your name, address, telephone number and date of birth only.
3. Say ‚ I WANT TO SPEAK TO A LAWYER‚ to stop the officer from questioning you.
4. DO NOT consent when the officer asks you for permission to search your property.
5. Hire an Attorney who SPECIALIZES in criminal defense.

DUI Cases and DWI cases are an important matter but do not need to derail your life for the long term.  If you think you may be in danger of serious consequences due to a potential DUI or DWI, before you say a word contact us immediately!

Please contact Raleigh NC DWI Attorney Andrew McCoppin with any questions:

877-481-0011

andrew@mccoppinlaw.com

www.mccoppinlaw.com

Over 20 years experience defending people in North Carolina's State and Federal Courts.

Board Certified Specialist in North Carolina Criminal Law

Board Certified Specialist in Federal Criminal Law

Former Wake County Assistant District Attorney