DUI Defense Case Study – DUI Dismissed!

by | Jun 17, 2015 | DUI Defense

My client probably searched the internet for a DUI defense attorney in Colorado Springs or Colorado Springs DUI lawyer before he found me. We met shortly after the crash that nearly took his life. He said he found me on the internet. In looking at him, one would think that he was beaten nearly to death. His face was black and blue. His body was injured. He walked with a limp.

Had A Few Drinks, But Not Drunk

He sat in my office and explained to me that he was driving home several hours after the bar closed. He had three drinks over the course of the evening, probably not enough to put him over the legal limit. He’d stayed after in the parking lot to talk to several girls he met in the bar. After a few hours, he drove home. The weather had been bad, the roads covered in patches of snow and ice.

Bad Roads, Barely Survived The Accident

As he tried to navigate a turn near his neighborhood, he slid off the road and rolled the vehicle several times. In later looking at photos of the vehicle, it was hard to imagine that anyone had survived the wreck. It was crushed into a ball of twisted metal. In a bloody daze, he crawled to a nearby home and asked them to call 911. He was transported to the emergency room where he was quickly operated on.

DUI Charges, Minimal Evidence

Soon law enforcement arrived at the hospital with accusations of drunk driving. They claimed that they could smell a faint odor of alcohol. My client, while lying in a hospital bed tried to explain that he was not intoxicated, but slid on the ice. The law enforcement demanded he take a test to prove his innocence. My client hesitated. Would the results be accurate? What if the small amount of alcohol he had consumed hours before was still in his system? He declined. He was charged with DUI in Colorado Springs. We talked about the case, about the facts, about the evidence. We went to court and battled. The District Attorney took a hard stand and demanded that he plead guilty to the charge!! The plea offer was rejected and the case set for jury trial. We filed motions with the Court in an effort to get the case dismissed. The evidence to convict my client was simply not present. The only evidence of DUI was a faint odor of alcohol and the crash. Both had reasonable explanations.

DUI Dismissed!

When the case finally went to Court, after several discussions, the District Attorney agreed to dismiss the DUI and only asked that my client plead guilty for the accident. My client felt vindicated and that the deal was fair. He was glad he took the time to hire an experienced Colorado Springs DUI Attorney. Sometimes all it takes to get a fair deal on your case is having an attorney who can put the District Attorney to the test. If the evidence isn’t sufficient, usually the Court system will sort it out. If you or someone you know is in trouble with the law, please contact us to schedule a free consultation. We are happy to help.

James Newby

James Newby

James Newby is a criminal defense attorney in Colorado Springs and the managing attorney of the criminal justice law firm James Newby Law. James got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences.