The Role of a Wheel Witness in a Marietta, GA DUI Case
When law enforcement officers respond to an accident involving a suspected drunk driver, there’s often a good amount of evidence to establish that the driver was behind the wheel at the time of the crash. Either a police officer or a witness to the accident can place the driver in the car at the time of the crash. However, lacking this essential witness, it becomes much more difficult for law enforcement to prove their DUI case. In fact, it may not be possible to make a DUI arrest even if the driver admits guilt.
There is a legal principle known as the “wheel witness rule”. This rule states that, for DUI charges to proceed, someone must have physically witnessed the accused behind the wheel of their vehicle at the time the offense occurred. Missing this witness, even a confession might not be enough to make the charges stick.
What is a wheel witness in a DUI prosecution?
A wheel witness is an individual who directly observes the suspect driving a vehicle in a DUI case. The testimony they deliver is crucial to the prosecution because it independently substantiates who was actually driving the vehicle. Without this particular evidence, courts across the U.S. are hesitant to convict a driver solely on their own admission or circumstantial evidence.
Many would assume that a confession alone is enough to establish guilt in a DUI case. However, DUI prosecutions require a very high burden of proof.
Exceptions and limitations to the witness rule
Many states follow the rule that police cannot arrest someone for a misdemeanor offense that was not witnessed first hand by an independent observer. The exceptions to this rule include domestic violence, theft, and stalking. DUI is not on that list. It is intentionally left off due to legal precedent dating back centuries.
In Georgia, officers need firsthand observation to protect individuals from being wrongfully arrested based on a flimsy accusation alone. Confusing matters, however, some jurisdictions do allow officers to make immediate DUI arrests without a warrant if they arrive promptly at the scene of a crash and observe clear signs of impairment. However, once a suspect leaves the scene of an accident, and police encounter them afterward, they may have lost the opportunity to arrest the suspect on DUI charges.
Why aren’t confessions enough under the law?
If a driver confesses to being behind the wheel of a vehicle (without supporting evidence) that alone isn’t enough to convict them. The law wants independent verification to avoid false or coerced confessions. Confessions are unreliable. Without another individual independently witnessing the driver behind the wheel, courts generally dismiss DUI charges. Prosecutors know this and will drop cases lacking a wheel witness.
Talk to a Cobb County, GA DUI Attorney Today
Andrew L. Schwartz, P.C. represents the interests of Marietta drivers in DUI prosecutions. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin preparing your defense right away.
