Being charged with a DUI while on active duty military can result in severe consequences to someone’s military career. When Chris (name changed), an active duty soldier, came to meet with me, he was adamant that he did not drive while under the influence of alcohol. Chris insisted that he was innocent and could not take a plea due to his status in the military. After explaining to Chris that going to trial was our best option to beat the DUI, he agreed and we prepared for trial. A jury trial is a complex yet essential part of our criminal justice system.
The police reports indicated that law enforcement received a 911 call regarding a hit and run from a possible drunk driver. The police searched the area and found Chris’ vehicle parked at his residence, near the scene. The vehicle had damage which was consistent with having been in an accident. The police knocked on Chris’ door and found him extremely intoxicated. They inquired into who owned the vehicle in question and learned that it belonged to the Chris. He had been having a party at his apartment and had been drinking for quite some time.
When asked by the police if he had been driving, Chris adamantly denied it. He explained that someone at the party must have taken the vehicle to the liquor store to get alcohol. He said that he knew better than to drink and drive. He would not have driven because he knew he was intoxicated. Chris’ problem was that the police didn’t believe him so he was arrested for Driving under the Influence. The case seemed like a slam dunk for the prosecutors.
At times when your back is against the wall, the best option is to fight back. The advantage to having a Colorado Springs Criminal Defense Attorney is that an experienced attorney knows the rules and how to attack a seemingly solid case. After reviewing the police reports, it became clear that the entire case rested on the eye witness testimony of the 911 caller. If the 911 callers testimony fell apart, then the so would the District Attorney’s case. After interviewing the 911 caller, he revealed that he couldn’t identify Chris as the driver of the vehicle in question. When Chris could no longer be identified as the driver, it meant that the District Attorney was unable to produce evidence putting Chris behind the wheel of the vehicle during the accident. After confirming this information, the district attorney agreed to dismiss the case.
Chris was ecstatic! He went from being potentially discharged from the military to being totally exonerated. The advantage to Chris came from having a criminal defense attorney who understands a jury trial and the evidence necessary to prove a case. Without the extra effort of speaking to the key witness the case may have turned out totally different. If you are charged with a crime, don’t try to handle your case on your own. Contact an experienced and proven criminal defense attorney now.
Call James Newby Law today. These are serious charges and you need a serious defense. Click HERE to contact James Newby now.