There are many different approaches and types of defenses that your New Jersey drunk driving lawyer will use to help you to fight your DWI charges. The SODDI defense is a term that is an acronym for “some other dude did it.” Though this defense is an incredibly common one in criminal law in general, it is highly rare in when it comes to DWI defenses. This is because, in general, DWI cases are predicated on the officer’s observance that you were, indeed, driving.
There are certain cases where SODDI can be used for DUI offenses. In any situation where the defendant was not behind the wheel when the officer confronted him or her, such as with accidents, hit and run, and citizen-reported incidents, SODDI could apply. If you are going to use SODDI, your New Jersey DWI lawyer will prepare you to and make sure that you testify. If your defense is SODDI-based and you choose not to testify, you will look suspicious; the line of thinking here is that if you have done nothing wrong and were not even the driver, you should have nothing to hide. Even if you have the actually culpable driver present for your SODDI defense, your testimony is necessary.
If you are able to use the SODDI defense in your case, this means that your case lacks confrontational evidence. Because no one actually saw you driving, your New Jersey DWI lawyer will be charged with explaining any alleged admissions and the circumstantial evidence. The key to a successful SODDI defense is, simply, to consistently testify that you were not driving, regardless of any other questions put forth by the prosecutor. To find out if SODDI applies in your case as well as about other defenses in a drunk driving case, contact New Jersey DWI attorney Dan Matrafajlo.
