Did that involve Teddy K?
Wouldn't happen that way here. Police officer would testify that the
accused exhibited signs of impairment etc. If the accused was in
possession of the car keys, he would be found guilty.
On 16/07/2019 1:02 PM, Max Dillon via Mercedes wrote:
A lawyer friend defended a similar case, driver crashed car, was on scene and
wondering around for about thirty minutes. Deputy arrived, noted smell of
alcohol, driver failed the field sobriety test and breathalyzer.
At court, deputy testified that he did not see driver operating the car, did
not observe when the drinking occurred. Driver was not advised of Miranda
rights, so any confession was not admissible under the fifth amendment.
Government could not prove when the alcohol was consumed, and adequate time has
passed between crash and arrival of deputy that driver could have become
impaired after the crash. Not guilty.
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