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Issued a Careless Driving & DUI citation after turning a corner from my cul-de-sac had a sneezing fit, disoriented hit a tree.

Littleton, CO |

I had just taken an Immune Booster that my chiropractor had suggested I take when I was sick w/a cold or flu. I put an eyedropper full under my tongue & started sneezing as I was turning out of my cul-de-sac. I was sneezing so much that I could not see & went up an embankment, hitting a tree head-on, totaling my car. I was taken by ambulance to Littleton Hospital where I was issued a summons for Careless Driving & a DUI because the police said I refused to give a blood sample. I don't remember the police even asking me for a blood sample, and they also gave me an Express Consent Affidavit and Notice of Revocation which the officer put "Refused" where I was supposed to sign. I never saw this document, and the officer never asked me to sign. Do I have any defense w/these charges? Thank you.

Attorney Answers 4


You absolutely have a defense to these charges. "Refusal" cases are extremely fact specific and much will turn on the medical records and how they describe your condition compared to the likely 'prosecution oriented' police reports.

Please feel free to contact me to discuss your case in more detail.

John Buckley

No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.

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You always have a defense. You need to talk to a DUI defense attorney to help you. I hope you requested a DMV hearing within the 7 day period. Failure to request the hearing will automaticslly revoke your driver's license. A detailed analysis will help in determining a viable strategy. Police reports are what,they are. A version of alleged events from the perpective of the police. This does not mean you are guilty. You are presumed innocent.

Contact a DUI defense attorney immediately.

All the best.

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Your posting is not specific as to what medical care you got at the hospital, but your medical records could be helpful in dealing with DMV, the DA, and perhaps at trial as well. Look for a diagnosis as to a concussion, and for a medical blood test for ethanol content (ETOH). This helps pin down what if any alcohol you had in your system, and could help explain a "refusal" you don't remember. While the DA might not be willing to dismiss altogether, it might be enough to convince him/her to let you do a deferred sentence plea bargain (no conviction on your permanent record and case gets dismissed altogether later). As to the DMV side of this matter, you might be able to get a hearing, even if you didn't ask for one timely, if you can show that your medical condition effected your ability to request one timely (as, in not realizing even that you had ever been given a form).

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The government must prove each and every element of the charge (DUI) beyond a reasonable doubt. Refusal cases are often difficult for the prosecution to prove because the prosecution cannot simply rely on a number.

You will be well served by speaking with a quality DUI attorney in the Metro area. I wish you the best of luck.

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