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I was getting my stuff out of my car to walk home and got into an altercation with another person cops came I got a DUI how?
Anonymous3 views4 answers
My sister and I had just drove all over town, We stopped in a bar by the house and had drinks we got into an altercation while getting our stuff out of the car to walk home and the cops came they gave us both disorderly conduct and I got a DUi. I wasn't driving, I wasn't even in the car. I have never been in trouble not even a speeding ticket. What's the best way to fight this, no one seen me driving, the car wasn't running but the engine was still warm from running around. I was only at the bar for about an hour. They gave me a breathalyzer but never told me what it was and it's not recorded on my paperwork anywhere. 12 hours later it was 006. I had 2 jack and cokes and I Vegas bomb.
Exactly. You definitely need either a Public Defender or a private attorney to argue to a DA and/or the jury that there is simply no way that they can show that you were driving or in actual physical control of the car after consuming the alcohol.
Shaun C KaufmanCriminal Defense AttorneyDenver, COCO licensed ·
You need to fight false allegations of facts with facts of your own. You need a lawyer, and your lawyer needs to get an investigator to confirm who was driving and who wasn't. Once you see the police reports you will learn how the police say that you were driving. Driving is a special definition, and although it does not include getting your stuff out of a car, it does include getting behind the wheel and having control of a vehicle that is capable of moving (keys, etc). There is no doubt that they can prove that you had a good deal of alcohol, but the issue here is the proof of driving.
Contact a local attorney because I am not acting as a lawyer, only as a writer, and commenter on this situation generally.
The key here is actual physical control. The State has to prove you had actual physical control of a motor vehicle while impaired and/or under the influence of drugs and/or alcohol. Where were the keys, what did you sister say, what did the officer observe and what "voluntary" statements were made? Were there witnesses to the argument and any attempts to put the vehicle into motion?
This is the information that needs to be obtained and you need a qualified DUI defense attorney to do it. There are several very good DUI attorneys in CO on this site and I recommend you contact one or several of them for consultations.
