How to Beat a Drunk Driving Charge in Colorado
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.
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.
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.
Lack of jurisdiction is another way to beat your DUI case. Jurisdiction means the geographic area a police officer is allowed to patrol and conduct police activities. You should always check to verify that the police officer who ticketed you had jurisdiction where you were contacted. If he lacked jurisdiction, you may be able to beat your DUI.
In many instances, there are certain hearings like the DMV or other court hearings, where police officers need to be physically present to provide testimony in your case. In many cases, no officer means no DUI. Yes, it may seem like a strange technicality, but this strategy may be the right one in your case.
Now, how do you exploit these strategies? Hire a good, local DUI attorney. You are looking for someone who knows everything there is to know about these cases. You also want to hire someone who practices exclusively in the geographical area where you got your ticket. A local attorney knows the judges, prosecutors, juries, and, most importantly, the little tricks specific to that city to get you the best result possible.
Do not hire someone who is making promises or guarantees, as tempting as it may be. That person is just trying to get your money by telling you what you want to hear when he or she has no way of knowing what will happen to your case without first looking at all the police reports, scouring 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 you rights and your freedom. Before you hire a Colorado Springs DUI lawyer do your research.
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