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.
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 James Newby Law at your earliest convenience at 719-578-3322. We are happy to help.