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My friend rear ended a fire truck and was charged with a DUI but other conditions are causes of the accident. Can he fight it?

Fort Collins, CO |

It was around 11:30 pm and it was snowing hard. There had been no snow plows on the highway, so road conditions were bad. He was going under the speed limit, but the fire truck was stopped in the left lane without any emergency lights on. He tried to stop, and when that didn't work, he tried to swerve into the other lane to avoid the truck, but it was not possible with the road conditions. He was just over a 1 when his blood was tested for blood alcohol levels.

One person in the car was injured and needed stitches, and the car was totaled

Attorney Answers 7


  1. Best answer

    Yes, he can fight it. Based on what you are saying, the main issue will revolve around the reliability or lack thereof of the breath or blood test. Challenging cases with blood or breath test results requires an experienced attorney who is dedicated to knowing the science behind each of the tests so they can best attack them. While not absolutely necessary, a lot of very good DUI attorneys are members of the National College of DUI Defense and attend or even teach courses on DUIs at conferences throughout the year.

    There are a lot of good DUI attorneys on Avvo. Your friend should give one or more a call and find one he likes and can afford.

    Best of luck.

    Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.


  2. Have your friend contact an attorney that specializes in DUI cases. It appears that there are mitigating factors that lead to this accident. Having an experienced attorney can help to preserve your legal rights. Best of luck to you.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. Your friend needs to seek out a DUI attorney. There appear to have been many factors that contributed to the accident, however, he will need to challenge the reliability of the blood test.


  4. Of course, but, your friend needs to get a DUI attorney right away.


  5. Yes, he needs to retain a local DUI lawyer.


  6. He can and should fight it. An experience DUI attorney is going to know what issues to focus on and challenge and he will be able to tell your friend if a plea offer is worth taking.

    Kent Leier


  7. Yes, he can always fight it. Before I became an attorney, I was a paramedic/firefighter. The motor vehicle code allows emergency vehicle exemptions from the law in very specific conditions. I would have to see the Traffic Accident Report to be able to determine if the fire truck was being operated innappropriately. Sudden Emergency is a common defense that very well be applicable in this situation. Your friend was faced with a "sudden emergency" a stopped fire truck with no lights on. Regardless, the other person injured definitely has a good case. Good luck.

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