There are a number of defenses available in a Los Angeles DUI case, one of them being that you were not driving. In order to be guilty of driving under the influence in Los Angeles, prosecutors have to prove two elements beyond a reasonable doubt; 1) that you were under…
Articles Posted in Driving
Not Driving as a Defense in a Los Angeles DUI Case
In order for someone to be found guilty of a Los Angeles DUI, the prosecutors must prove two separate elements: 1) Driving and 2) while intoxicated. Both elements must be proven, if there is only one, the person cannot be charged with a DUI. So, if you were not driving…
Proving Driving in a Los Angeles DUI Case
If you have been arrested under suspicion of driving under the influence, you have not yet been convicted. An arrest simply means that officers believe there is a reasonable doubt that you were driving under the influence. In order to be convicted, prosecutors have to then prove in Court, that…
Elements of a Los Angeles DUI Case
When you have been arrested for suspicion of driving under the influence, it is important to understand that you have not yet been found guilty. You cannot be found guilty unless you enter a plea of guilty, or a jury finds you guilty. In order for a jury to find…
Why am I Charged with a Los Angeles DUI if I Was Not Driving?
If you have been charged with a Los Angeles DUI, you have not yet been convicted. If you have been arrested, you have not yet been convicted. It merely means that there is probable cause for officers to believe that you are guilty of driving while under the influence. For…
Can I be Convicted of a Los Angeles DUI if I was not Driving?
In order to be convicted of a Los Angeles DUI, the court must show that you are guilty of both elements beyond a reasonable doubt. One element that is crucial to a Los Angeles DUI is driving. California Vehicle Code §23152 states as follows: “It is unlawful for a person…
What Needs to Be Proven for a Los Angeles DUI Case?
If you have been pulled over on suspicion of a DUI, you may have spent the night in custody and have received a citation asking you to appear in Court. This does not mean you have been found guilty of a DUI. It simply means that the authorities have a…
Why are Los Angeles DUI’s with Marijuana harder to prove than DUI’s with Alcohol?
When you have been arrested on the suspicion of driving under the influence, you are only being charged with the potential of having committed an offense. This does not mean you are convicted. Before you can be convicted, the government must prove that you are guilty beyond a reasonable doubt,…
Proving Driving in a San Diego DUI Case
When the prosecutors are trying to convict someone of a Driving Under The Influence Charge, they must prove two separate elements beyond a reasonable doubt. 1) That the person was under the influence and 2) that the person was driving. It may often be straightforward to prove that a person…