railroad track DUI not even driving...can she get a dui for this?

[stan1122]

state: Kentucky

My friend, "Rachel" lives in KY and was a little bit intoxicated coming home the other night with a new friend. The new friend was driving when her car stalled on railroad tracks. Well, long story short a train came, smashed the car, and the new friend fled. When police arrived on the scene, they arrested her for a DUI even though they can't prove she was driving the car. Will these charges stick and is there anything she could do?What is the name of your state?

[Ohiogal]

Originally Posted by stan1122

state: Kentucky

My friend, "Rachel" lives in KY and was a little bit intoxicated coming home the other night with a new friend. The new friend was driving when her car stalled on railroad tracks. Well, long story short a train came, smashed the car, and the new friend fled. When police arrived on the scene, they arrested her for a DUI even though they can't prove she was driving the car. Will these charges stick and is there anything she could do?What is the name of your state?

How do they know that any friend was there? How do you know they can't prove she was driving? The charges may very well stick. Did Rachel name the friend? How did they get out of the car before the train came?

[BigMistakeFl]

She owned the car, was in the car, had possession of the keys to the car. The phantom friend defense has been used before.

She will either need to produce solid witnesses or have the phantom friend come forward and take the heat for this. "Rachel" is probably looking at pretty big trouble. She needs a lawyer.