One of the most common defenses in any criminal case is providing an alternate
theory that states that someone else other than the defendant was responsible
for your crime. This, however, is quite rare in DUI cases, because in most
DUI cases, the arresting officer saw the defendant driving. However, experienced
criminal defense attorneys know there are cases where the alternate suspect
defense is appropriate for a defense. This is usually the case when the
arrest is based on some sort of accident (such as a hit-and-run) and the
officer did not confront the defendant while he was behind the wheel.
The primary advantage of this defense is that there is no confrontational
evidence. Since the officer did not actually observe you driving, your
attorney simply has to explain away the circumstantial evidence. However,
this defense relies on your testimony. You have the option of whether
or not to testify in DUI cases; however, if your defense relies on the
alternate suspect defense, you must testify in order for your case to
have a realistic chance of success. Most jurors tend to be suspicious
of the alternate suspect defense. Thus, failing to testify may seriously
damage your credibility.
The prosecutor may cross-examine you as to your alcohol consumption, but
if you can convincingly and consistently testify that you were not driving,
it should not matter. It takes an experienced Orange County DUI attorney
to successfully execute this defense. Make sure you have one on your side.
Call The Law Office of Barney B. Gibbs today for a free initial consultation.