If I receive an MIP after Calling 911 and assisting someone who is injured as best I can, In Colorado, can I argue, immunity law: I was at a friends house and I went outside to see what was going on and I saw that my friends arm was completely cut open and he was bleeding profusely, he had been drinking a lot, I took my shirt off tied it around his upper arm as a turnakit and told people to call 911. my friend called 911. I stayed with my friend who was bleeding out, till the paramedics and police arrived. we both fully cooperated with the police and paramedics. I was given an MIP after being detained in the back of a police car for a few minutes and my friend who called 911 was taken to jail. can we argue immunity for calling 911 and cooperating with authorities. if we had not called 911 he would have bled to death, people were telling us not to call 911. we were the only ones given MIPs even though we called 911.
John's answer: This very issue is the subject of Senate Bill 20 that is before the Colorado legislature as we speak. I am a former paramedic and testified before the Senate Judiciary committee in favor of granting immunity to those who call 911 under similar circumstances. Unfortunately, even if this bill passes, it will not be retroactive. However, it might be useful to point out to the DA that such legislation is being contemplated. If nothing else, your lawyer could use this as an argument in mitigation of any sentence you may receive. Best of luck to you and good on you for helping your friend even though you are suffering some consequences for it. I'm a strong believer in Karma. John Buckley www.buckleycriminallaw.com
Is anybody allowed into pre-trial for a DUI?: I am going into pre-trial in a few weeks for a DUI case. Does this take place in a room or a hall or what? Also, will my parents be allowed to sit in with me during the pretrial?
John's answer: I'm assuming your case is in Jefferson County because of the Golden, CO location. You will go to the assigned courtroom. If you don't know which courtroom, look for the screens on the first floor after you pass through security. Find your name and it will direct you to the proper courtroom. All misdemeanor courts are on the 3rd floor. Once you get to the courtroom, check in with the court clerk and they will let the prosecutor know that you are there. The prosecutor will then call you into a meeting room off of the main courtroom with a conference table. Your parents can go with you. The more important person to go with you is your lawyer. If you have not yet retained a lawyer, you should give it serious consideration. DUI law is more complex than most people realize. "There are issues of constitutional and statutory law as well as complicated forensic issues. Many DUI lawyers can be found here on AVVO. Most will offer a free initial consultation, myself included. Feel free to call my office. Best of luck. John Buckley www.buckleycriminallaw.com
Charged with DUI: I was charged with DUI, I was not operating the vehicle at the time and I didn't have the keys in my possession. I was at the Emmisions station the clerk called the police and said I had alcohol on my breath. I drank while waiting for my vehicle to be tested. I had made a call to a friend to meet me and drive my vehicle. Does the state have a case? I wasn't put in jail I was given a summons to appear, what should I do?
John's answer: This is certainly a defense to the charge of DUI. The state must prove that the alcohol in your system at the time of a chemical test (assuming you provided a sample of your blood or breath) was the alcohol that was in your system while you were driving. However, there is certainly a circumstantial case that you drove under the influence. To suggest that the state "has no case" is quite a stretch. What will be critical is the testimony of the clerk and when they became aware of any alleged impairment. You should absolutely consult with a DUI defense attorney to explore your rights. Keep in mind that you only have seven days to protect your driver's license in Colorado. Feel free to contact my office. Best of luck to you. John Buckley www.buckleycriminallaw.com