Question Detail: I had an accident. I called the police. They didn’t see me driving but I was taken into custody for driving under the influence. Can I claim that I wasn’t driving and the driver fled?
Answer: Remember that the government must prove beyond a reasonable doubt that you were driving or in actual physical control of a vehicle. This is usually accomplished through witness testimony. If they have no witness or the witness can be effectively attacked, that may be one possible defense. Don’t assume however that if there is a witness that all is lost. Hire an aggressive attorney to get your best defense.