I was in the shower when the police knocked on my hm door - saying that they received a call or calls that a car matching mine was recklessly driving. I was drinking at home and had been home for sometime. They felt my car hood and it was warm...I had been home long enough to let dogs out and in, drink a glass of wine and shower. I wonder if they were looking around the neighborhood and found my car and decided i was the one. I went to detox, blew no blood, received 3 cites. Did not get my meranda rights read to me, still have CO DL - no court date but got sums...what are my chances of fighting this?
From what you write, yes, you have a chance at fighting these charges. What I don't know is what you told the police and what neither of us know is what the police have put in their police reports. Those are important pieces of information to know in assessing this case. Since you said you still have your Colorado driver's license I take your test result on the Intoxilyzer was under .08? To be able to successfully defend your case, you will need a good DUI attorney. I recommend you start interviewing them this week and as soon as you find one you can afford and trust, go ahead and hire that lawyer. Good luck.
Your chances of fighting this are excellent...if you hire an experienced DUI defense attorney. The prosecution is going to have to establish that YOU were the person driving and that you were under the influence WHILE YOU WERE DRIVING.
There are many great DUI lawyers here on Avvo. Many of them (myself included) offer a free consultation. Call a few and hire the one you feel is the best fit!
What you admitted or told the police officers about whether you were driving and when and where is critical. Also, any witness statements and observations placing you behind the wheel and driving recklessly will be a determining factor.
I'm assuming because they didn't take your license, that was due to the breath test being more than 2 hours from the time of last driving. However, you can still lose your license if you get criminally convicted. You need to hire the best DUI attorney you can afford. Even with top notch representation, it will be an uphill battle. These cases always are. There are no slam dunks or sure things in DUI defense. You have interesting facts, but until a qualified attorney can see what evidence the police have against you, they should reserve judgment on the strength of the case. Under promise and over deliver is the best approach.
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