DWI’s & Car Accidents-How Can the Officer Prove Who was Driving?

Wake County, NC - DWI Attorneys

Before the court may find a driver guilty of Driving While Impaired, the officer must prove that the defendant was operating a motor vehicle. In most DWI cases, the officer sees the driver driving a car, stops the car and identifies the driver. In Wake County North Carolina DUIs involving car accidents, the officer seldom sees the driver driving. Instead, emergency workers and eyewitnesses usually tell the officer who was driving the car. The 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 officer can present in these DWI car accident cases is the defendant's confession that he was driving the car. The Raleigh 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 officer. Say ‚ CAN I LEAVE?‚ and DON'T TALK to the officer. Then say ‚ I WANT TO SPEAK TO A LAWYER.‚ 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 When an Officer Approaches You.

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.

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