 |
Driving mistakes that could indicate that a driver is under the influence of alcohol include swerving, braking erratically, and taking wide turns. |
Bad Driving
Denver area police are trained to look for driving mistakes that indicate that the driver is under the influence of drugs or alcohol. If you are charged, the officer's testimony about your driving mistakes will then become part of the prosecutor's DUI case. For example, swerving, braking erratically, or taking a wide turn may be considered evidence that your ability to drive was impaired by alcohol or other drugs.
If unchallenged, this testimony can be damaging to your DUI case. The jury could be convinced that you were under the influence just from the officer's account of your driving. Your Denver DUI attorney will challenge the testimony about your bad driving at trial. Often, this involves showing the jury that the same mistakes are made by perfectly sober drivers, and should not be considered evidence of impairment. An officer on the stand will usually have to admit that they frequently issue citations in the Denver area for swerving, or other traffic violations, when the driver is not under the influence. There may be other explanations for a swerve or a wide turn, such as being distracted by a cell phone, or having an argument in the car, and so on. Your attorney must work with you to develop a clear understanding of everything that was occurring around the time you were stopped by police.
The police usually charge a driver with something in addition to DUI. Most often, the reason you are stopped in the first place is because of another infraction like speeding. The separate charge is often the basis for probable cause for the police to pull you over, and the charge (or charges) will remain attached to your DUI case as it proceeds through court.
Speeding should never be considered evidence of impairment. In fact, it may actually demonstrate good attention and coordination, if there are no other driving mistakes.
|
Return to Top