Ways to Beat a Colorado Drunk Driving Case
Thursday, March 11th, 2010If you have been issued a ticket for drunk driving in Colorado, either for a DUI (driving under the influence), or for a DWAI (driving while ability impaired), you need to be aware that based on the facts of your case there may be a way to improve you chances in court, or even beat the case entirely.
First, the police officer needs a valid reason to stop you or otherwise contact you in the first place. If they did not have a reason to contact you, their case won’t get very far. Police are not allowed to stop any car on the road, they must have reasonable suspicion to stop you.
It is also possible to get the chemical test thrown out of court. Then the prosecutor is left with no test results to use against you and a big hole in his evidence. Breathalyzers have a strict set of operation rules, and the operator of the Breathalyzer may invalidate the test by not following the rules. In addition, the Breathalyzer must be properly maintained and operating correctly.
The chemical test of your blood also must follow the proper procedures and protocol to be a legally valid test. If you take a blood test, you should always retest the second sample. Sometimes the retest will come back with a lower BAC result that may improve your case. In some instances it may even come back under the legal limit.
Jurisdiction is the the geographic area in which a police officer or police force is allowed to conduct police activities and patrol. In every case, you should verify that the officer who contacted you had jurisdiction in the location he contacted you. If the officer was outside of his jurisidictional limits, you may be able to beat your drunk driving charges.
Even today, in our high tech world of advanced communications, there are still certain court hearings where the officer needs to be physically present in Court to give their testimony. In some situations, if the officer does not appear in court when required to do so, the D.A. won’t be able to proceed with their case against you.
So, how do you take advantage of these strategies, or various other ways to beat a Colorado DUI? First, hire an experienced, local attorney. You need someone who knows everything about drunk driving cases. You also want to hire a lawyer who practices exclusively in the geographical area where you got your ticket. A good local attorney knows the Judges, DA’s, and most importantly the little tricks of the trade in that specific city that will help you get the best results possible.
Don’t hire a lawyer who makes promises or guarantees. An attorney that makes guarantees about results is just trying to get your money by telling you what you want to hear when he has no way of knowing what will happen to your case without first looking at all the police reports, the chemical test reports, negotiating with the prosecutor, etc.
Last, but not least, make sure you have an attorney, even if you have to get the public defender. Do not try to represent yourself, or you will have a fool for a client.
Have you been accused of a crime? Many people who have been charged with a crime are left pondering what they should do, and what is going to happen to them. You may be concerned about how these charges will affect your life, your career, and your freedom. You need a skilled Colorado Springs lawyer who will fight for your rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.