Wednesday, 26 February 2014

I I would like to know if I am able to fight a traffic case if I was arrested for driving but I was not in the drivers seat nor did I have h...

Question

I I would like to know if I am able to fight a traffic case if I was arrested for driving but I was not in the drivers seat nor did I have he keys in my possesion



Answer

You can always fight a criminal charge. That's an absolute right.

The question I believe you ask is, "Can I win?" The DA must prove "actual physical control" over the motor vehicle. On the bare facts you state the DA will face diffculty proving driving; it will depend on what other facts the DA has at his/her disposal.



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