What Are “Wheel Witnesses” in New Port Richey DUI Cases?

A DUI charge may feel daunting, but you shouldn’t give up hope until you consider your defense options. Prosecutors must establish several elements in order to convict you, and you are innocent until proven guilty. One of the most important elements for a DUI conviction in Florida is the presence of a “wheel witness.” What exactly does this phrase mean, and how can a New Port Richey DUI lawyer help you?

The Legal Definition of a Wheel Witness in Florida 

A “wheel witness” is someone who saw a DUI defendant driving their vehicle. This person must testify that they personally observed the defendant driving, and these observations must prove that the defendant was in control of the vehicle before the alleged offense occurred. The witness must be certain that they saw the defendant driving. Fleeting glimpses or shadows through a car window might not be sufficient.

Why Are Wheel Witnesses Important? 

Wheel witnesses are often critical for prosecutors as they try to establish a DUI defendant’s guilt. In Florida, prosecutors must prove (beyond reasonable doubt) that the driver in question was in control of their vehicle while intoxicated. Because of this requirement, a driver may be able to avoid conviction even if they were clearly intoxicated at the scene of a crash.

A common scenario involves an allegedly drunk driver crashing and exiting their vehicle shortly afterward. If police arrive at the scene and find the alleged drunk driver sitting by the side of the road, they may struggle to prove that the individual in question was behind the wheel when the accident occurred.

This is when a wheel witness becomes critical. Police may ask nearby eyewitnesses whether they saw the driver getting out of the vehicle after the crash. If no one can confirm this, it might be difficult for the authorities to secure a conviction – even if the driver records a BAC level over the legal level.

In fact, a wheel witness remains necessary even if the defendant admits to driving the vehicle. The confession may be captured by an arresting officer’s bodycam, but the need for a wheel witness remains. This is relatively rare in the United States, and it may be easier to convict DUI defendants in other states based on their own confessions.

In the absence of a wheel witness, a defense attorney can challenge any other evidence that prosecutors might put forth. This might include grainy, pixelated, and unclear surveillance footage that seems to show the defendant behind the wheel.

Can a New Port Richey DUI Lawyer Help You Defend Yourself? 

The lack of a wheel witness could help you pursue positive outcomes during a DUI case in New Port Richey. However, there are many other potential defense strategies to consider if you find yourself in this situation. The most appropriate strategy likely depends on your unique circumstances, and you may want to discuss these factors with a lawyer. Choose John Athanaselos & Associates, P.A. – and get started with a defense strategy today.

Sources: 

wtsp.com/article/news/investigations/10-investigates/dui-crash-no-arrest-florida-wheel-witness/67-6014643e-5fef-44c6-b933-5f37702222f2#:~:text=%E2%80%9CA%20wheel%20witness%20is%20a,the%20case%20cannot%20move%20forward.

wtsp.com/article/news/investigations/10-investigates/dui-crash-no-arrest-florida-wheel-witness/67-6014643e-5fef-44c6-b933-5f37702222f2