Insufficient Evidence of Driving or Actual Physical Control
Although most cases do tend to arise from a traffic stop where the arresting officer witnesses the defendant driving, this is not always the case. Sometimes the police will respond to a 911 call from another motorist and will not make contact with the driver until he is out of the car. In other cases, the police may respond to a traffic accident and be unable to determine who was driving. Whenever the prosecution has to rely on the testimony of a civilian witness or the alleged verbal admissions made by the defendant to establish that he or she was driving, it may difficult for them to prove this critical fact.
Under Arizona law, a person can also be convicted of DUI for driving or being in
actual physical control of motor vehicle while impaired. The legal concept of actual physical control has been the subject of significant litigation in Arizona. Although most police officers and prosecutors tend to believe that a person is automatically in actual physical control simply because the keys are in the ignition, the Arizona Court of Appeals has recently ruled that this is not the case. Rather, actual physical control is determined by looking at the totality of the circumstances, including the driver’s intent. If you were contacted by the police after your vehicle was already pulled off the roadway, a skilled Scottsdale DUI Lawyer may be able to obtain a dismissal or acquittal by establishing that you pulled over before you were affected by the alcohol.
Attorney Joshua S. Davidson is committed to investigating every aspect of your case. He will identify all the potential weaknesses in the prosecution’s case and help you develop effective strategies to attack them in court. Contact Scottsdale DUI Lawyer Joshua S. Davidson today for a free consultation and gain the peace of mind you’ve been looking for.