My son got charged with DUI. He was repairing a flat tire by the side of the road wen a cop came by and “helped” him. The cop did not ever see him drive. How can he be charged with this?
The officer, and the prosecutor, can use circumstantial evidence to try to prove your son was driving. Did your son admit to driving? Was he the only person at the scene? Was it his car? The fact the officer did not see him driving is not a magic bullet that will automatically win the case for him.