got picked up witnessalled me in said I was driving radical said I hit a metal reflector pool,with my car. And I did not I took pictures of my car and the pool where witness said it happened. witness statement is all they have for my DUI. They say the lie dose not matter.
Can you tell me if it dose.
It depends. If the witness can ID you, and say you were driving erratically, and there is some way the prosecution can prove you were intoxicated at the time of driving, it may be irrelevant whether or not you hit the metal reflector pool.
Further, it depends on when you took the photos of your car and the reflector pool where the witness said it happened. Unless you whipped out a camera at the scene and at the time of the incident, the prosecutor will argue that the pool and your car were fixed prior to the pictures being taken. For example, he/she may claim you went back to the scene weeks later after the damage was already repaired.
However, if you can show that the witness was mistaken about the reflector pool, then this will help attack the witness’ credibility about your driving.
Also you state, “They say the lie does not matter”. I take this to mean the prosecutor? Well, it is a rare prosecutor who will fully consider the weaknesses in their case. 🙂
At the end of the day, it would be worth it for you to get an experienced DUI attorney to analyze your case and determine whether this issue is worthwhile. It is quite hard for us attorneys here to speculate about what exactly is or is not in the witness statement.