How to Beat a Drunk Driving Charge in Colorado
March 9, 2010
If you have been issued a ticket for Driving under the influence (DUI) or Driving While Ability Impaired (DWAI), you need to educate yourself on the possible ways to beat a Colorado DUI charge in court. Every case is different, and depending on the facts of your case, there may be a way to beat your 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.
Chemical tests of your blood also must follow the proper procedures for the test to be legally valid. In every case, you will want to retest the blood sample. In some cases, the retest result comes back under the legal limit or varies so much from the original test that the first test is deemed invalid.
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 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.
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.
Do not hire an attorney who is making promises or guarantees, as tempting as it may be. An attorney who has not yet seen the police reports or chemical tests, or even spoken with the prosecuting attorney has no way of knowing what will happen in your case. That person is just trying to get your money by telling you what you want to hear.
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 charged witha 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 you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.










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