You have been charged with a DUI in California. You have a court date coming up. You were not driving at the time the office came up to you. How can you be charged with "driving" under th influence?
There are actually several ways this can happen. The most common way is that the officer was following you and observing your driving. You perhaps made some errors, swerving, driving too slow, no turn signals, or some other traffice violation. Perhaps there is a mechanical defect with your vehicle.
Another way to prove you were driving under the influence is if you were "called in" by another driver or pedestrian via cell phone. The officer will receive the tip, and then locate you. If you are still driving, he will follow you and make his own observations. If you have stopped, and the person who called you in is reliable or known, he will come up to your car and begin the process. At a trial, the person who called will have to be a witness in order to show probable cause for the officer to detain you and administer sobriety tests.
Finally, it comes down to location, location, location. Unless you can prove someone else was driving, your presence in the driver's seat with the car engine off on the side of the highway could be sufficient to prove you were driving.
There may be other ways to prove driving as well. It is the job of the District Attorney to prove beyond a reasonable doubt that you were driving. If it is an issue, don't handle it yourself. Contact a qualified California DUI attorney to tackle your case. If it can't be shown that you were driving, you can't be convicted of a DUI in California.
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