Officer claims I was weaving and pulled me over. Blew a .093. But also took a blood test with results still waiting. It was also my birthday.
It seems like you are questioning the ability of the cop to give you a DUI on a moped because it's not as powerful and quick as a car. Colorado Vehicle Code defines a motor vehicle as "any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle." There is an exception for low-power scooters; which your moped may or may not qualify under. It would be worth your time and money to contact a local DUI attorney to review your case. If the DA files the DUI charges against you- you must assert your rights and defenses, the DA will not do it for you.
Even know your court date is set a bit in the future, retaining an attorney early has many benefits to you. In addition, you may have DMV consequences that must be contested within a certain amount of time, depending on the facts of the case it could be within 7 days of your arrest.
My colleague is correct that you can get charged with DUI for riding a moped. Thus, the key to getting the best deal possible or a dismissal in your case will be attacking the blood test and the investigation.
Regarding the blood test: Although you blew a .093, you blew into a portable breath test unit. These devices are notoriously inaccurate. Thus, the result is not admissible in court. They also often read your BAC higher than it really is. Upon receipt of the blood test results and the notes from the testing agency, an experienced attorney will be able to tell you if the test can be beat.
The police investigation can be attacked by an experienced attorney. You seem suspicious about the claim you were weaving. An officer cannot stop you unless he or she was suspicious you were committing or have committed a crime. Weaving is not actually a crime unless you cross into the other lane of traffic. Thus, unless you were unable to keep the motor bike in the correct lane, your weaving has to be severe enough to make him or her suspicious you were committing another crime. This may be difficult to do. When you contact an attorney you should try to find one that trains the police. Such attorney will be best able to tell you if the police officer's suspicions in your case were reasonable. I know there are attorneys out there with this experience because I have it, as do most former prosecutors.
Brandon U. Luna
You can and will be charged with a DUI if the officer believes you are under the influence of drugs, alcohol or a combination of both and in actual physical control of a motor vehicle or vehicle. A scooter at 50cc's is considered a motor vehicle. A scooter under 50cc's is considered a "low-power scooter", but is still considered a motor vehicle under 42-4-1301 and 42-4-1301.1.
So in this case, you were driving a motor vehicle and that is not an issue in your case. However, you do need to strongly consider hiring an attorney. If the case is in Grand Junction, I recommend calling Brandon Luna or Brent Martin. Both are great attorneys and you can't go wrong with either.
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