If you weren’t in your car when the police came after a crash, can you plead not guilty for a DUI?

UPDATED: Dec 2, 2011

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If you weren’t in your car when the police came after a crash, can you plead not guilty for a DUI?

I crashed my car on the highway and pulled over to the side and turned off my car. I got out and was outside of my car when the police came. I said that I was driving because I was scared but my friend had actually left the scene. Would that mean I could get it dropped? It’s a second offense.

Asked on December 2, 2011 under Criminal Law, Rhode Island


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

One can plead "not guilty" to any criminal charge against him or her at the arraignment. That is one's Constitutional Right to do so. Given the circumstances that you have written about and the fact that the charge against you is your second offense for driving under the influence of alcohol or a controlled substance, I recommend that you consult with a competent criminal defense attorney.

You are probably aware that if you get convicted of your second DUI offense, the chances are that in addition to a steep fine, you will be jailed and your driver's license will be suspended.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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