Defining Driving in Lexington DUI Cases

Defining driving in Lexington DUI cases is crucial for the prosecution. In order to satisfy the driving element of a DUI, the prosecutor must prove that the vehicle was in motion and that the defendant had the vehicle in motion at the time of the offense.

If you have any questions about driving in a DUI case, reach out to an experienced DUI lawyer today. An accomplished attorney could fight for you and build a strong defense.

What if it is Not Clear Who Was Driving?

There are some instances in which it is not clear who was driving the vehicle. If it is a disputed fact as to who was the driver and the police had a belief that there was probable cause that the passenger was the driver, then they could charge the passenger with a DUI. A situation where this may occur is if the two people in the vehicle change seats before the officer gets to the car. Also, another example is if there was a wreck and the two individuals got out of the car before the police got to the scene. In this circumstance, the two people may argue over who was driving the vehicle and not admit who was in control of the vehicle to the police.

It is important to note that driving may be proven by circumstantial evidence and/or admissions of driving. If the person admits they were the driver or if there is circumstantial evidence that points to the defendant as the driver at the time, it can be presented to a jury for them to make that determination.

Getting a DUI in Places Other Than on Public Roads

People can be arrested for a DUI in places other than a public road. For example, individuals can get a DUI if they were driving under the influence in a parking lot.

The case is State v Allen. In the 1993 case State v Allen from the state’s appellate courts, it says that the prosecution must prove the alleged act occurred in South Carolina. That requirement is there to establish jurisdiction, but under Section 56-3-2950, it is also enforceable on private roads. Therefore, a defendant needs to obtain a seasoned attorney who knows how to do the research and how to provide the best defense possible.

Law Enforcement Officers Patrol Parking Lots Near Bars and Restaurants

To combat drinking and driving, officers may patrol parking lots near bars and restaurants. The police know that these are places that people are drinking alcohol.

During that time, if the police observe a traffic violation, they conduct a traffic stop. And if it is late at night and they are coming from that type of place, they have the ability to investigate further. The person who is driving has an absolute right not to answer those types of investigative questions; they only have to provide their driver’s license, proof of insurance, and proof of registration.

Proving Driving in a DUI Case

To reach a conviction, the prosecution will have to prove that the defendant was the one driving and that the vehicle was in motion at the time of the offense.

The defendant can dispute whether the vehicle was in motion, whether they were just sitting on the side of the road and the car was not moving. If a person was asleep at the wheel, but the vehicle was not moving and yet they were under the influence, as long as the vehicle was not in motion, it is not a DUI.

For more information about defining driving in Lexington DUI cases, get in touch with a skilled lawyer today.