Pete Zipper said:
What is the name of your state? South Dakota. my friend was driving my car because i was to wasted to drive. He saw a car coming behind us and got out and in the back seat behind me(i was in the passenger seat passed out)before the car got there. The car was a cop. When he searched me i had the spare keys in my pocket,since i had a key that would start the car i got the dui. the cop said it gave me possesion of the vehicle. My friend never said he was driveing and the cop never took a statement from him or a brethelizer or blood. what should i do. Is there any chance to get out of it. What if i say he was driving. I go to court on 4-27 for my prelim. This would be my first dui
The "phanthom driver" story is an old one (see my five never to be used stories below):
Standard answer
Here are some hints on appearing in court:
Dress professionally in clean clothes.
Do not wear message shirts.
Don't chew gum, smoke, or eat.
Bathe and wash your hair.
Go to court beforehand some day before you actually have to go to watch how things go.
Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.
Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.
Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):
1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)
2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.
3. I’ve got a job in [name a state five hundred miles away].
4. This is the first time I ever did this.
5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)
https://forum.freeadvice.com/showthread.php?p=854687#post854687
Other people may give you other advice; stand by.