Can I be charged in Maricopa County with a DUI if no one witnessed seeing me behind the wheel?

by Aaron Black • May 02, 2016
If you have recently been arrested for a DUI in Maricopa County and no one was in the area to witness you driving you may have a very good defense for your case. Typically this occurs when there is a single car accident that no one witnessed, the police arrived and they find someone that they suspect was driving under the influence however, they were not in the car when they arrived.

Defense that can be used if you are suspected of drinking and driving however, no one saw you driving include:
  • How can a prosecutor prove to a jury that you were the driver?
     
  • How is it possible for a prosecutor to prove that you were driving when he has no witnesses?
     
  • How can the prosecutor prove that the drinking didn’t occur until after the accident happened?
As always if you are involved in an accident and the police are investigating you for a DUI in Maricopa County I recommend that you invoke your right to remain silent as many people simply admit to the police that they were driving the vehicle. Keep in mind if you admit that you were driving the vehicle when the accident occurred, that admission can be used against you in court. If however, there is no independent proof that you were behind the wheel when the accident occurred there is a likelihood that your case can be dismissed during your trial due to what is called Corpus Delicti.

Corpus Delicti is Latin for "body of the crime." It essentially means your words cannot be used to convict you if there is no independent proof you committed the crime.

If you have been charged with a DUI and no one saw you actually driving the vehicle when the accident occurred contact the Law Office of Aaron Black. It is my philosophy and reputation to fight your case every step of the way.

Unlike large firms that want as many cases as possible I represent a limited number of clients at any given time which allows me to give the personalized service that you expect from a DUI attorney.

Contact Aaron today for a free consultation by calling 480-729-1683 or click here to contact me. I will personally meet with you, and discuss the DUI charges against you and provide you with legal options so that you can make an informed decision.
 

About the Author

Aaron Black is the founder and sole attorney of the Law Office of Aaron Black. Located in Phoenix, Arizona, his DUI and criminal defense law firm provides legal services to people who have received felony or misdemeanor charges from the state.

Aaron has developed a strong interest in defending people who have been arrested and received criminal charges for driving under the influence. With his professionalism and knowledge of Arizona DUI and criminal law, he has acted as a check and balance on the police, prosecution and courts and has protected a great number of his clients from excessive and unfair sentencing.

Along with DUI defense, Aaron handles a range of other criminal matters, including aggravated assault, burglary, domestic violence, drug possession, drug trafficking, fraud defense, insurance fraud, sex crimes and white-collar crime.

After graduating college in 2003 from the University of Arizona, Aaron decided to pursue a law degree. He followed a family long tradition and went to the University of South Dakota School of Law where he pursued his goal of becoming a criminal defense lawyer.

After passing the Arizona and South Dakota bar exams, Aaron joined the Maricopa County Office of the Public Defender where he defended hundreds of people charged with serious criminal offenses. His work as a public defender helped him sharpen his litigation skills and gave him a unique insight into the Arizona criminal justice system.

Over the course of his 15-year legal career, Aaron has spent a considerable amount of time in both Arizona justice, municipal, state and federal courts. He has argued over 50 jury trials, tried over 100 bench trials and has become one of the highest-rated criminal and DUI defense attorneys in Phoenix and the surrounding areas. He has received a 10/10 rating from the legal directory Avvo because of his legal background and successful case record. Since 2014, he has received the Super Lawyer rating for his work as a Phoenix DUI and criminal defense attorney.

You can review Aaron’s Attorney Bio page for more information about his background, education and experience as a Phoenix DUI and criminal defense attorney.
 
In light of the Coronavirus pandemic, I wanted to inform clients and potential clients I am still available for consultations. I am always available by phone, text and/or email. We can also use Facetime for social distancing. The criminal justice system is not stopping due to COVID-19.

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