Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence >
      • Proactive Criminal Defense - Michigan Domestic Violence
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor Urinating in Public
      • Ann Arbor Open Intoxicant
      • Ann Arbor Possession Fake ID
    • Retail Fraud >
      • Proactive Criminal Defense - Michigan Retail Fraud
    • Drug Offenses >
      • Proactive Criminal Defense - Michigan Possession of Marijuana
    • Assaultive
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
    • Early Discharge Probation
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident Cases
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Courts
    • Oakland County >
      • Novi >
        • Proactive Criminal Defense at the 52-1 District Court
      • Troy
      • Southfield
      • Royal Oak/Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills/Birmingham
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Hazel Park/Madison Heights
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth >
        • Proactive Criminal Defense at the 35th District Court
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Washtenaw County >
      • Proactive Washtenaw County Criminal Defense >
        • Winning in Washtenaw County
        • Domestic Violence - Survival Guide
        • Tailgate Offenses - Survival Guide
        • Drunk Driving - Survival Guide
        • Drug Case - Survival Guide
        • Retail Fraud - Survival Guide
      • Ann Arbor >
        • Proactive Ann Arbor Criminal Defense at the 15th District Court
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14-A
      • Ypsilanti 14-B
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Hiring a Super Lawyer
  • Our Team
  • Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • Blog
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Proactive Defense
  • Contact Me
  • Client Reviews
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • Drug Charges >
      • Possession of Marijuana
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
  • Leaders & Best Hockey
Picture

Call Me: 248-924-9458

Michigan Drunk Driving Evidence:
Cross-Examination: "I wasn't Driving" Defense

While it's not common, there are plenty of DUI cases in Michigan where the police arrive at the scene and there is no "driving" taking place.  The person is actually outside the car, the car engine is probably off, and they are simply waiting around for the police or for a repair truck.  

In this type of case, the prosecution is going to have an issue with trying to prove beyond a reasonable doubt that you were indeed driving the car.   Hopefully, the suspect DID NOT make an admission to the police about driving the car, which will be strong evidence against.  So the first thing to do is point out that no admission was made, and the officer has no personal direct knowledge of driving. 

Attorney:  Officer Smith, did my client state at any time that he was the driver of the Jeep Cherokee

Officer: No, he did not

Attorney: And you never saw my client driving, correct?

Officer: Correct

Attorney: And you never actually saw him behind the wheel

Officer: Correct

Attorney: You in fact never even saw him in the car

Officer: Right, I didn't see that

Attorney: In fact, nobody called 911 or reported anything to do with the Jeep Cherokee or my client

Officer: Correct

Attorney:  The car wasn't running when you arrived, the lights weren't on, in fact the doors were both closed.

Officer: Yes that's correct

Attorney: In fact, the only basis for making a DUI arrest of my client is because he was near the car 

Officer: Right, that's why I arrested him

Attorney: So while it's possible he was the driver as you assumed, it's just as likely that he had nothing to do with the car.

Officer: I thought he was the driver, but yes both are possible I guess.

In this scenario the officer has provided exactly what you need to win a DUI case in Michigan.  The officer admitted that he wasn't sure who the driver was, and there are two just as likely scenarios, which the jury should conclude is reasonable doubt to acquit, or even for a judge to order a directed verdict due to the prosecutor not being able to prove one of the elements of the offense. 
Picture
Lawyer Jonathan Paul | Top Attorney Criminal Defense
Picture
traffic stop dui, speeding, turn signal, trailer hitch, illegal stop, dismiss case, headlight, dui

    Insider Information from a  Former Michigan Prosecutor
    Please fill out the confidential form below or call me.

Submit
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston and Oakland County. 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, MIP/in possession and other misdemeanor and felony charges. 
Picture

Evening & Weekend Service Available Call Me: 248-924-9458

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor