The elements of any crime, including a DUI, are known as the corpus delicti. Under the corpus delicti rule, an uncorroborated confession of driving drunk or driving under the influence of drugs (DUI drugs) is not enough to convict a person of DUI. DUI Attorneys in Orange County know that although the driver’s confession can be admitted at trial, if other independent evidence of every element of the DUI is not admitted, the driver cannot be convicted of DUI. However, it only takes a small showing by other evidence that a DUI actually occurred. People v. Ray (1996) 13 Cal.4th 313. In fact, the DA doesn’t need to present independent evidence that the defendant was actually the driver, but only needs to produce evidence that a DUI did actually occur. People v. Manson (1977) 71 Cal.App.3d 1.
Orange County DUI lawyers also
know that the corpus delicti in a DUI case
can also be shown by circumstantial or direct evidence. People v. Andrews (1963)
222 Cal.App.2d 242. However, importantly, the statements or confession of the
driver cannot be used to establish the corpus delicti in a DUI case. If the DA can show the corpus
delicti, then the driver’s statement can be used to show the jury who committed
the DUI.
So, for
example, in a DUI case, if the driver is no longer in the car when the police
arrive, the DA may have a hard time proving that the defendant was the driver. DUI Attorney in Orange County
will tell you that even if the defendant admits to driving the car, that
admission cannot be the sole evidence to sustain a DUI conviction. The prosecution
needs other evidence to raise an inference that it was the defendant who drove
the car. However, the showing the DA needs to make is slight. For example, that
the defendant is the registered owner of the car, or that the keys to the car
in question were in the defendant’s possession.
If there Is
the slightest chance that there may be a corpus delicti issue in your case it
is important to talk to an Orange
County DUI Lawyer. Even if the issue is weak, it may enable your DUI Lawyer in Orange County to
negotiate a better deal for you; possibly even leveraging a reduction to a wet
reckless charge.
If you have
been arrested for a DUI or DUI
with injury in Orange County, call the Law
Offices of EJ Stopyro at (949)
559-5500 for a free telephonic consultation with an experienced Orange County DUI Attorney. Or
visit our website at www.EJEsquire.com. 
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