Jurors want to see the results of chemical tests. I have seen that over and over again as a judge, prosecutor, and defense attorney over the past 21 years. So, the lack of a breath or blood test definitely helps you. So, does the fact that an officer did not see you driving. Can you beat the case? I tell clients that nothing is a guarantee. You might as well go up to Black Hawk and bet on either red or black and keep your fingers crossed. It depends on the quality of your attorney, the quality of the Deputy DA, the judge, and who ends up on the jury. It is a crap shoot. Every attorney on this site has I am sure won cases they thought that they would lose and lost cases that they were sure that they would win.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
Can you beat it? Yes.
However, it will depend a great deal on a plethora of factors...
As Mr. Leroi has already indicated, jurors prefer to have a chemical test number to hang their hat on.
How credible is the witness who claims you were driving?
How intoxicated did you appear?
How credible are the officers?
In short, you need to consult with a DUI defense attorney quickly to protect your rights.
Best of luck to you.
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.
As the other attorneys said: Can you win? Yes. Will you win?, nobody knows. Get a qualified Colorado Criminal Defense atty. ASAP to help you. See www.nacdl.org for a list of attorneys near you.
Good facts. No test results and no evidence in the car. I would need to see the statement of charges. The state has the burden of proof and must meet the burden beyond a reasonable doubt. I like your chances.
Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm
Mr. Leroi and Mr. Buckley are correct. To save time and in the interest of not repeating everything already said - you need a skilled DUI attorney to defend you. There are too many variables in this case and in every case to speculate about a potential outcome without first gathering all the evidence. If you are looking for a guarantee - you won't get one.
A lot depends on the witness statements and the facts. If you weren't driving, who was? How did the car get there and how did it hit the curb? Hopefully, your defense isn't contingent upon the guy you met at that bar, who you let drive your car and who crashed it and then took off running and no one ever saw him.
The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.
You can be convicted on witness testimony and also convicted of DUI even if there is no chemical test. It would be best to consult with a lawyer who works with DUI.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.