As has been detailed elsewhere, the a freak incident can mean the difference between assault and manslaughter. The same applies to DUI and traffic cases. Although most DUI cases just involve something like the Colorado summer crackdown, where the police find the driver weaving around (or at least say they do), pull the driver over and charge him with a DUI. At this point, the Denver DUI lawyer who gets the case has to decide how to either show the jury that the charges are bogus, take a plea, or get some of the evidence thrown out. However, a whole class of DUIs and DUI related cases also involves aggravating circumstances.
The first level of consequences involves the amount of damage caused by the crash. Obviously for an incident with more minor consequences, it's fairly likely the officer will simply let you go. However, if the consequences are more severe, your Denver DUI lawyer could be facing a tough case. In certain circumstances, a crash caused by drinking and driving could even be grounds for a murder conviction. That's because the only real difference between murder and manslaughter is state of mind. The courts have ruled that driving while really, really, really, really drunk constitutes a state of mind so reckless, that there is no real difference between that much recklessness and killing somebody intentionally. That said, the guy in the most read case who was convicted for murder was driving the wrong way on a divided interstate highway.
That said, if you are even slightly impaired and somebody ends up dead, a conviction for manslaughter is fairly likely. That's because the standard for a conviction for manslaughter requires much less proof in terms of intent. It is much more like a showing of liability under civil law. So if you end up in a car crash after having a drink, you will badly need a Denver DUI lawyer on your side.
Thursday, July 28, 2011
Friday, July 22, 2011
Denver DUI lawyer / be courteous to cops
As a Denver DUI lawyer, I know how difficult police officers can be for those who they detain. Even if they are just trying to do their jobs, their job basically involves getting information out of you that you don't want to disclose, and probably get you in trouble for it. Even for an innocent suspect, just the efforts to get incriminating evidence from them is intrusive and obnoxious, and can result in time spent in a holding cell or other unpleasantries. So when I say be nice to police officers, I know how difficult that can be. However, it's one of the most important things you can do to make sure your trip through the criminal justice system does not turn disastrous.
Although you have a variety of rights protecting you against search and seizure, those rights are not practicably enforced on the spot of the search. Instead, under a legal rule called the "fruit of the poisonous tree," any evidence gathered because of an illegal search can not be allowed as evidence in a trial. Unfortunately there's nothing you can do about that at the scene of a traffic stop All you can do is voice your objection politely and let your Denver DUI lawyer fight it in court.
So being rude at the scene of the stop will get you nowhere in a DUI case. There are two key reasons to be nice to the police. First, because that is how a judge and jury expect folks to act around cops. If the officer testifies at trial that you were disrespectful or belligerent, the jury may see that as the actions of a guilty person, or simply take a dimmer view of your case for being disrespectful. Second, police officers are people too and do not like being disrespected. Because of their position of power in a traffic stop, officers can make your life much, much worse right away if they think you are acting sour towards them. They can put you in jail for a period of time, perform a bunch of searches you will not enjoy, and ask many questions you have little interest in answering. So make sure to be nice to the police officers no matter how frustrating it can be to be stopped. Politely inform them you do not want to answer questions and ask for a Denver DUI lawyer right away.
Although you have a variety of rights protecting you against search and seizure, those rights are not practicably enforced on the spot of the search. Instead, under a legal rule called the "fruit of the poisonous tree," any evidence gathered because of an illegal search can not be allowed as evidence in a trial. Unfortunately there's nothing you can do about that at the scene of a traffic stop All you can do is voice your objection politely and let your Denver DUI lawyer fight it in court.
So being rude at the scene of the stop will get you nowhere in a DUI case. There are two key reasons to be nice to the police. First, because that is how a judge and jury expect folks to act around cops. If the officer testifies at trial that you were disrespectful or belligerent, the jury may see that as the actions of a guilty person, or simply take a dimmer view of your case for being disrespectful. Second, police officers are people too and do not like being disrespected. Because of their position of power in a traffic stop, officers can make your life much, much worse right away if they think you are acting sour towards them. They can put you in jail for a period of time, perform a bunch of searches you will not enjoy, and ask many questions you have little interest in answering. So make sure to be nice to the police officers no matter how frustrating it can be to be stopped. Politely inform them you do not want to answer questions and ask for a Denver DUI lawyer right away.
Wednesday, July 20, 2011
Denver DUI lawyer / reasons to arrest you
As I stated in my blog post about handheld breath tests, one of the best ways a Denver DUI lawyer can get a case dismissed or charges reduced is by proving that the police officer did not have a reason to arrest you. In that post, I said the officer needs "probable cause," or basically needs to observe something that shows a pretty fair chance that a crime was committed. So if you were pulled over for a broken tail light then arrested for a DUI, does that mean your Denver DUI lawyer has no chance of winning with this argument? Not exactly. And this is where it gets complicated.
Basically, you can't be arrested for a broken tail light. The officer can pull you over and ask you a few questions, then write you a ticket, but since it is a regulatory offense (really it is more civil than criminal) he can't arrest you without something more. This goes back to an interesting divergence in the law: the Supreme Court created something called a "stop" which requires less evidence of a crime having been committed than an arrest. So if the cop sees you with a tail light out, or swerving slightly in your lane, or pretty much anything else he thinks is "suspicious," you can be stopped. All the stop does though is give the officer a quick opportunity to look for probable cause. What this essentially means is looking at your license and registration, checking to see if you "look drunk," and looking inside the car to see if there are beer bottles or something. He can also ask you to get out of the car. Beyond that, you have no obligation to answer questions, or perform roadside sobriety tests. So don't do either. If you feel the officer is fishing for a reason to arrest you, you can either ask if you are free to go (with a possible violation ticket) or ask for a Denver DUI lawyer. That makes your situation crystal clear:
to keep you longer, the officer needs to arrest you. For the arrest, probable cause is required. Although he'll probably arrest you now, it gives your Denver DUI lawyer a chance to argue that the arrest violated your constitutional rights. There's a good chance you'll win too, since the officer has very little in the way of evidence except for possible "bloodshot eyes" and "slurred speech" which is something they'll always say you have.
Basically, you can't be arrested for a broken tail light. The officer can pull you over and ask you a few questions, then write you a ticket, but since it is a regulatory offense (really it is more civil than criminal) he can't arrest you without something more. This goes back to an interesting divergence in the law: the Supreme Court created something called a "stop" which requires less evidence of a crime having been committed than an arrest. So if the cop sees you with a tail light out, or swerving slightly in your lane, or pretty much anything else he thinks is "suspicious," you can be stopped. All the stop does though is give the officer a quick opportunity to look for probable cause. What this essentially means is looking at your license and registration, checking to see if you "look drunk," and looking inside the car to see if there are beer bottles or something. He can also ask you to get out of the car. Beyond that, you have no obligation to answer questions, or perform roadside sobriety tests. So don't do either. If you feel the officer is fishing for a reason to arrest you, you can either ask if you are free to go (with a possible violation ticket) or ask for a Denver DUI lawyer. That makes your situation crystal clear:
to keep you longer, the officer needs to arrest you. For the arrest, probable cause is required. Although he'll probably arrest you now, it gives your Denver DUI lawyer a chance to argue that the arrest violated your constitutional rights. There's a good chance you'll win too, since the officer has very little in the way of evidence except for possible "bloodshot eyes" and "slurred speech" which is something they'll always say you have.
Tuesday, July 19, 2011
Denver DUI lawyer / handheld breath tests
The first experience many people have with the DUI arrest process is the handheld breathalyzer. Sometimes teachers will bring a unit like this into health class just to show how they work, and show that they can trigger a positive test result simply with Listrene. However, the handheld breath tests are no novelty: they can singlehandedly ruin the case your Denver DUI lawyer is trying to put together.
The first crucial thing to know about the mobile units is that you do not have to take the test. The readings the police get from them are so variable, they are not even admissible in a court of law. Similarly, it is not admissible evidence for the state to say you refused to take the test. You literally have nothing to lose by refusing to take a roadside breath test. The police will say that you can clear yourself with the test, or that innocent people would take it. However, even if you haven't been drinking, it's unlikely to clear you on the spot. They pulled you over, they will probably find something to charge you with. If you feel uncomfortably pressured, tell the officer you want to talk to a Denver DUI attorney.
The second thing to remember is that by submitting to the portable test, you are providing more reason for arrest. Frequently your Denver DUI lawyer will rely basically on trying to exclude evidence. One way evidence can be excluded from court is by demonstrating the officer did not have a reason to arrest you and perform a blood or breath test at the station. This is called lack of probable cause. By submitting to a portable breath test, you are giving the officer basically free probable cause. A judge will never rule an officer did not have good reason to arrest you if you blew too high a number on the portable machine, no matter how unreliable those machines may be. Blowing a higher number on the portable test doesn't ruing your case, but it does make things significantly harder.
The police can get a blood alcohol test under punishment of license suspension. However, it is not a portable test. You have the choice of a blood test or a more accurate breath test at the station. The test in the field is purely voluntary. Do not volunteer to harm your case. Fighting a DUI is hard enough.
The first crucial thing to know about the mobile units is that you do not have to take the test. The readings the police get from them are so variable, they are not even admissible in a court of law. Similarly, it is not admissible evidence for the state to say you refused to take the test. You literally have nothing to lose by refusing to take a roadside breath test. The police will say that you can clear yourself with the test, or that innocent people would take it. However, even if you haven't been drinking, it's unlikely to clear you on the spot. They pulled you over, they will probably find something to charge you with. If you feel uncomfortably pressured, tell the officer you want to talk to a Denver DUI attorney.
The second thing to remember is that by submitting to the portable test, you are providing more reason for arrest. Frequently your Denver DUI lawyer will rely basically on trying to exclude evidence. One way evidence can be excluded from court is by demonstrating the officer did not have a reason to arrest you and perform a blood or breath test at the station. This is called lack of probable cause. By submitting to a portable breath test, you are giving the officer basically free probable cause. A judge will never rule an officer did not have good reason to arrest you if you blew too high a number on the portable machine, no matter how unreliable those machines may be. Blowing a higher number on the portable test doesn't ruing your case, but it does make things significantly harder.
The police can get a blood alcohol test under punishment of license suspension. However, it is not a portable test. You have the choice of a blood test or a more accurate breath test at the station. The test in the field is purely voluntary. Do not volunteer to harm your case. Fighting a DUI is hard enough.
Subscribe to:
Posts (Atom)