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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.
 
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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The information published on this website, our blog, or any other website managed by the Law Office of Aaron M. Black, PLLC, is for informational purposes only and does not constitute formal legal representation.

In addition, when initiating contact with Aaron Black either by completing the contact form on his website(s), starting a conversation via a telephone call or text via a mobile device does not constitute an attorney-client relationship.

Furthermore, due to the nature of changing laws in Arizona that include fines/fees, potential penalties, sentences, and Arizona Revised Statutes, Aaron M. Black does not guarantee the accuracy of the information on this website and/or any other website managed by our firm. Should you come across any content that has outdated information, please notify us by completing our contact form and we will promptly update the information.