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FREE DUI CASE EVALUATION

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CHALLENGING THE STATEMENT: WHEEL WITNESS

If you were involved in a DUI accident in Clearwater, you may be able to use the "wheel witness" defense in your case. This defense refers to a situation in which no one witnessed the defendant driving the vehicle. Often times, this defense is used in cases involving a single car accident.

In order to prove a DUI case, the State Attorney must establish that the defendant was driving the vehicle under the influence and also that the defendant caused the accident to occur. If there were no witnesses to the accident, the DUI will be hard to prove, even if the defendant admitted to driving the vehicle. Statements made pertaining to an accident are often protected by the Accident Report Privilege and cannot be used against a defendant in a civil or criminal case.

If the Accident Report Privilege does not apply, then the doctrine of corpus delicti can be used. Corpus delicti simply means proof that a crime has been committed. Under this doctrine, no statements made by a defendant can be used in court until the State has established the elements of the crime, the DUI. The State must establish these elements independently, without use of the defendant's statements.

Contact Finebloom and Haenel immediately at 727-222-3610 to discuss your "wheel witness" defense. We can help.

 

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Clearwater DUI Office Address (Satellite Office):
4500 140th Avenue North, Suite 101
Clearwater, FL 33762

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