Make Sure You’re Ready For Trial

by | Jul 29, 2015 | DUI Defense

A recent DUI case demonstrates the reason to have an experienced DUI attorney by your side during the Court process in Colorado. My client and his friend were driving his truck off-road in a field.  A part of the truck broke rendering it impossible to move another inch. My client got out of his vehicle and surveyed the damage. Clearly, he was not going anywhere. He walked home to his friend’s house where the two of them drank for several hours. Finally, the friend’s brother came home and offered to give both of them a ride back to the scene to find out if they could tow his truck home.

Arrested For DUI

While at the scene, the police arrived and arrested my client for driving under the influence because he was sitting in the driver’s seat when they arrived.  In order to be convicted of a DUI in Colorado, it must be proved that the vehicle that a person was going to operate was capable of movement. Although my client was intoxicated when the police arrived, he had not been intoxicated at the time he was driving the vehicle.

Video Evidence

I had my client take a video of the vehicle as he attempted to repair it, as well as keep the damaged parts. Armed with pictures, video, parts, and witnesses, we went to court to attempt to get the case thrown out. To the Colorado Springs Deputy District Attorney’s credit, when it became clear that my client was telling the truth, the case was dismissed. Without careful planning and research, the result may have been different.

If you are charged with a DUI in Colorado Springs please call me for a free consultation.

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.