If 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.
For example, the police must have a valid reason to stop you. This could be for any sort of traffic infraction or other criminal activity. If they don’t have a valid reason for the stop, they can possibly lose all evidence obtained from this illegal stop. Police are not allowed to just stop any car driving down the road. They must have reasonable suspicion to pull you over, or to contact you in the first place.
In some cases, it is possible to have a chemical test rules inadmissable by the Court for legal reasons. If the test is thrown out, the prosecutor is left with a big hole in his evidence, and in the case against you. Breathalyzer tests have a strict set of operation rules, and the results of the test may be held to be invalid if the procedures are not followed correctly. The results may also be thrown out if it can be proven that the Breathalyzer was not maintained properly or operated correctly during your chemical test.
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 a fancy word that means the geographic area a certain police officer is allowed to patrol and conduct police activities. You will want to double check that the officer who gave you a ticket had jurisdiction to do so. If not, you can beat your DUI.
Even in our high tech world of advanced communications, there are still certain hearings where police officers need to be physically present to give their testimony. And in some cases, no cop equals no DUI. Yeah, its a strange technicality, but this strategy may be appropriate for your case.
Now, how do you exploit these strategies? Hire a good, local drunk driving lawyer. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who is familiar with the area and the local practices. 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.
