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TromboneAl

DUI, Switched Drivers

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This is another potential subplot in a legal thriller that I'm working on. Please let me know if I'm asking too many questions!

 

  1. A man is driving a van and a woman is his passenger
  2. The van is stopped by the police
  3. After the van is stopped but before the policeman comes to the window, the driver and the passenger trade places, because the driver has a suspended license (OSLT)
  4. The woman is found to have some cannabis in her system, and charged for DUI
  5. Later the driver confesses that he traded places with the woman

 

In that situation, would the woman be charged with providing false information to a peace officer?

 

What if the driver says he coerced the passenger to switch places with him?

 

Thanks!

 

Al

 

 

 

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Hi Al,

 

What state is your story taking place in? The kinds of questions you're asking now would be state-specific.

 

cbg (another writer who has asked for help on these forums :) )

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The woman can be convicted of DUI and possession of controlled substance  The other person can be charged with operating the vehicle on a suspended or revoked license.  The confession of a second person does not automatically result in the acquittal of another defendant.  They can both be tried separately.  That can be the result of fooling around with the police by changing seats.

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3 hours ago, TromboneAl said:

Thanks.

 

She wasn't driving, didn't possessed marijuana, and marijuana is legal in California.

 

She was found behind the wheel. The presumption that she was driving is difficult to overcome. Marijuana is legal but so is liquor and both could result in a DUI conviction.

4 hours ago, TromboneAl said:
  1. Later the driver confesses that he traded places with the woman

 

In that situation, would the woman be charged with providing false information to a peace officer?

Sure.

 

4 hours ago, TromboneAl said:

What if the driver says he coerced the passenger to switch places with him?

Nobody's likely to believe it.

 

Frankly, I think your other story is more interesting, though derivative. This one is just boring.

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On 5/26/2019 at 7:34 AM, TromboneAl said:

In that situation, would the woman be charged with providing false information to a peace officer?

 

She certainly could be.  Whether she actually would be so charged is up to you as the author.

 

 

On 5/26/2019 at 7:34 AM, TromboneAl said:

What if the driver says he coerced the passenger to switch places with him?

 

What if...?

 

People say lots of things.  Some are true and some are false.  Some are believed by some; some are believed by none; some are believed by all.  Obviously, any number of things could happen under the circumstances you've described.

 

 

On 5/26/2019 at 8:49 AM, RetiredinVA said:

The woman can be convicted of . . . possession of controlled substance 

 

Not based on the facts given.  Having cannabis in one's system is not the same as "possession" for purposes of the simple possession laws and, even if she did have possession, there are many, many forms of cannabis that are legal to possess in California (marijuana being but one form of cannabis).

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