If there is no wheel witness present, what should be collected to establish the driver's control over the vehicle?

Collecting other circumstantial evidence is key to establishing a driver's control over a vehicle when a wheel witness is absent. Circumstantial evidence can include a variety of factors that suggest the driver had control over the vehicle, such as the location of the vehicle, the time of day, any belongings found within the vehicle, and the driver's actions before or after being observed. This type of evidence helps to build a comprehensive picture that, while not direct evidence, strongly indicates the driver's control.

For instance, if the vehicle is found parked in a manner consistent with the driver having just exited, or if the driver is found in close proximity to the vehicle with keys in hand, these details serve to support claims of control. By gathering and presenting this circumstantial evidence during legal proceedings, law enforcement can establish a case more effectively, even in the absence of eyewitness testimony.

In contrast, a witness testimony alone, the driver's personal belongings, or an expert's opinion do not provide the same level of reliability or relevance as a collection of circumstantial evidence, which is specifically aimed at linking the driver to the vehicle's operation at the time of the incident.