If she wasn’t the driver why is she still being charged with a DUI? She wasn’t driving so she cannot be charged with driving under the influence? What am I missing here?
You’re missing the same thing I am.
Really.
But then again, if she was not driving she should not need to fear a trial. It is still a very expensive process for her. This may be the criminal equivalent of lawfare.
SEMINOLE, Fla. (WFLA) — A Seminole man was accused of killing a pedestrian with his car and changing seats with his passenger to avoid arrest last year after new evidence surfaced. https://www.msn.com/en-us/news/crime/pinellas-county-man-switched-seats-with-passenger-after-fatal-dui-crash-deputies/ar-AA15mWMT
They switched places after the accident.
Pure and utter speculation on my part. Perhaps, after the accident, the shaken driver asked his passenger to take the wheel, and the car was later stopped by police.
If so, it would be nice if the reported mentioned it. Given that most people reading the story would wonder the same thing, it would seem to be important for the reporter to clarify the issue.
I will assume that the prosecutor probably had a very good reason to charge her in relation to that incident.