Mistakes Police make at DUI Checkpoints That can be Challenged

The USA is a globally reputable country for its advocacy for maximum respect of citizens’ rights, especially in faces of fears and intimidations. Let’s face it. Law enforcement agents are human and they usually want to overdo things or flex their muscles beyond their allowance. They do this in DUI arrests too. However, the judiciary through the lawyers and judges are always there to put them back on their tracks and jurisdictions.

Legally, police officers are allowed to setup roadblocks for DUI checkpoints. Even so, there are numerous checkpoints requirements to be followed before a motorist arrest at such checkpoint may be tagged legal or else he would be able to challenge his arrest. For instances in checkpoints there must be neutral pre-determined process by which vehicles are selected and stopped, the checkpoints must be adequately identified, there must also be advanced notice to the public of the roadblocks and all detentions must be as short as possible. There are several factors used in determining the legality of a DUI checkpoint but unfortunately the police make mistake on many of them. Motorists also fall victims for their own ignorance when their DUI cases may actually have been dismissed for lacking merit based on wrong or illegal checkpoint reasons.

Supervising officer must make all constitutional decision

Let’s begin from here as it is perhaps the commonest mistakes in checkpoints on the path of police officers. Before a checkpoint is considered as legally established, an administrative officer not a field officer is expected to make operational decision on how the checkpoint must be conducted. This is to endeavor that checkpoints are constitutionally profiled to avoid certain person being singled out on discriminatory basis. Decision involved may be date for the checkpoint, location and how vehicles should be briefly detained would be selected. If these are not followed and you are arrested for DUI in such checkpoint in Denver, get your Denver DUI Attorney to come to your aid immediately.

Stops must be neutral and impartial

As earlier said, a decision on what vehicles would be stopped and briefly detained is supposed to be an administrative decision. For instance, officers may be advised to stop first three vehicle and let the following three proceed. It would be wrong to stop vehicles on whatever discriminatory grounds.

Checkpoint location must be reasonable

Police officers are not expected to just select a checkpoint. Locations must be in a place with highly recorded incidence of DUI arrest or alcohol-related accidents. This is so that checkpoints can be more effective in stopping impaired drivers.

Checkpoints must have safety precautions

Safety precautions must be implemented in checkpoints such that motorists can safely stop and navigate through it. It should also be able to accommodate the flow of traffic. Precautions may include adequate lighting and checkup should be at a time when traffic volume is manageable.

Reasonable time and duration

Normally, there is no time limit or duration on how long a checkpoint can be operational. In fact, it is permissible to last for an entire weekend as long as the burden of motorist isn’t substantial. However, it is expected of administrative officers to cause less inconvenience to motorists. For example, a busy stretch of checkpoint during the rush hour is perhaps unreasonable.

There must be visible checkpoint signage

At any checkpoints, motorist must be alerted of presence of it in advance via visible signage and posts. Officers are also allowed to have flashing lights on several of their vehicles leading to the stop point. With this, drivers would already be aware of the stop ahead rather than running into them suddenly with great fear.

Detainment should be as short as possible

This is an essential component of a checkpoint to lessen the intrusive nature of operation and erring conversations. Officers must within a very short time be able to identify DUI signs as slurred speech, alcohol odor, dazed appearance, bloodshot eyes, and incoherent speech among others via few questioning.

Checkpoints must be advertised in advance

A notice of at least one week is usually given in advance of a DUI checkpoint. The reason is to deter drivers from drinking and driving in these areas which are expected to be locations where high incidences of DUI arrests or alcohol-related accidents have frequently occurred. This decision is also to put motorists on notice that their liberty or privacy could be violated if only for a minimal time along the area.

Aside the named mistakes above, you also have some few rights that could be exercised at checkpoints. For example, you can make a turn to avoid a checkpoint especially if you have done that in the right way. You could also refuse field sobriety tests aside chemical tests at DUI checkpoint because of their inconsistencies. Open up about all of these to your Denver DUI lawyer and he would guide you through. Also if your Denver DUI attorney sensed that police officer make any mistakes on the grounds that have been mentioned above, he could simply make it a legal lacuna to get your case dismissed. Look out for all of these and related them with your Denver DUI lawyer for proper representation.

Top Reasons DUI Charges May be Dropped or Dismissed in Denver

DUI arrests can be really frightening, especially when you know you are an actual offender. Most motorists in the USA are aware of the several consequences of the life-threatening act, hence they are usually watchful and careful of avoiding the same, especially for legal reasons. Still, law enforcement agents do manage to arrest a whole lot of offenders as you may imagine. This usually leads to court cases amidst corresponding charges.

In most places in the US including Denver, DUI charges may be dismissed before the actual trial begins. This may sound so much a surprise but it is real. Sometimes, the prosecution may choose to dismiss the case on their own once they spot any known defect in their case. Usually, a very professional Denver DUI attorney should be able to point this out to them, even if they cannot analyze their cases properly to that understanding. Also, DUI cases may be dismissed because of persuasive Denver DUI Attorney defense as may be well posited and pronounced in his arguments and motions.

In most cases, DUI lawyers usually advise pleading not guilty of DUI charges because often times, the police usually fail to follow proper procedure in making charges up. Also, the prosecution usually knows there is reasonable likelihood their cases would be struck out, and said offender acquitted and discharged if the case makes it to trial. Most frequently, it is the prosecutor who will drop or dismiss charges against a said offender, while in some instances, the Judge could also authorize dismissals. Whichever way, the end result is that supposed offenders would be free and be able to continue life without worrying criminal records and court cases. Here are a few reasons a DUI case could be dropped or dismissed.

Improper Stops:

Police do not have reasons to stop you for a DUI check when there is no evident suspicion that you are driving under influence. If this is done, it may amount to case dismissal at the hire of a professional Denver DUI attorney, who will point out the lack of merit based on improper stop. 

Illegal Searches and Seizures:

Law enforcement agents are not allowed by law to stop your car and search for signs of alcohol and containers unless a warrant has been obtained for the same.  You are also advised to watch out for illegal checking points as your charge may be dismissed if you have been pulled over at an illegal check point. Illegal searches and seizures automatically violate the law about the arrest and so the case would be dismissed.

Illegal Field Sobriety and Chemical Tests:

There are specific ways and requirements for field sobriety tests. If the police officers do not follow these properly, then arrests become invalid. Drivers are generally supposed to consent to chemical tests. Yet, a police officer is expected to explain suspects’ right to them. Testing machines should be calibrated correctly, and the chain of custody, as well as test results, must not be broken before trial. Otherwise, arrests also become invalid.

Failure to Advise Suspects of their Rights to Call an Attorney:

Denver DUI lawyer is not figureheads. They are there to defend citizens’ rights and for justice. However, they usually collaborate with other agencies for the smooth running of affairs and justice. To this end, police officers are supposed to keep suspects abreast of their rights to call on a lawyer to defend their charges. If this is not done, arrest becomes invalid and DUI charges would be dismissed.

Eight Different Ways DUI Could Destroy Your Career In Denver

You must be aware of the many happenings in the USA courtesy of the DUI. Recently, there are headlines of a police officer getting fired from work for the offense. Yes, it is that serious because DUI has taken the lives of many and it can take more. You sometimes may be hit with these consequences where your Denver DUI Attorney may not be able to come in except for case dismissal and charge reduction in a court of competent jurisdiction. Of course, we wouldn’t blame the government for trying to save her masses from preventable deaths as could be caused by the menace. These are therefore a few insights on how the offense could cause a devastating impact on your job and career.

License suspension:

This is probably the most common consequence of every DUI offense, particularly in every US states. If your license is suspended and you don’t have an exemption for which is allowed in most states in the US under certain circumstances, you might end up hiring a private driver, taking cabs or buses to work. These people cannot always be reliable like yourself. They could make you lose your job for lateness or similar challenges. As job hunting individual too, some job requires your license, which if not produced means that you are forfeiting such opportunities. This is why you need a Denver DUI lawyer to fight your course for a case dismissal immediately.

Mandatory firing policy:

This should not be any surprise. Most firms offer you pre-contract agreements before offering you their jobs. Some of them usually provide employees with handbooks that spell out clearly that some crimes have no lesser punishments than getting fired. DUI may just be one of those policies. Such employers would usually request that you notify them upon an arrest so they issue you a letter of dismissal with effect to the crime.

Loss of insurance:

It is rare to see insurance companies ensure a DUI offender. It would be too much risk to take on their business. Now imagine that your company’s insurance company realizes you are a DUI offender, you would make your firm lose some coverage if they keep you employed. However, if you manage to be covered, it would be tantamount to more expenses for your employer, and he may not be ready to pay extra charges for keeping you. You know what that means.

Disturbance from Diversion Programs:

As a DUI offender, you might be lucky to qualify for a diversion program, hence avoidance of jail term. This is not to mean that you are totally free as there could be mandatory visits at your job place which would usually come with mandatory notification to your employer. Although some state would wave this program to avoid you being fired if you could prove it’s an offense worth being fired for in your place of work. Meanwhile, others would require you to plead guilty to qualify for the program. Your employer may have a reasonable and enough ground to fire you upon such conviction.

Loss of professional license:

There is usually stricter treatment on some professional offenders like lawyers, doctors, nurses, even plumbers. Any formal arrest should be disclosed to the licensing office and this may affect the loss of license and in fact job.

Missing work and reduced work-hour:

You would usually miss work hours for a court hearing or administrative hearing. In fact, you could end up in mandatory imprisonment and trust me, it would be difficult to explain to your employer why you have to be out. You know what that means too.

Education:

There is always room for personal development and so education is a continuous thing. However, as a DUI convict, some colleges and institutions may want to see assurance that you have gone through a treatment programme before you are offered admission. Some wouldn’t even give you consideration at all. Of course, your Denver DUI Lawyer may have ideas on how to tackle this.

Dent on commercial license:

A close to eternal dent is what a DUI offense would cause on your commercial license. It would reflect on your license for 55 years. This means that if you are a commercial driver, your career probably hit an end in that line once you get hit with a DUI charge. However, you could still visit a Denver DUI attorney for a way out.

What You Should Expect at a DUI Trial

As a first time DUI offender, we can conveniently speak of your fear of the unknown especially when you have little or no legal background about the offense. One thing is however exactly sure, you must be aware that driving under influence (DUI) is such an offense taken really seriously in the USA, that it attracts punishments ranging from light to heavy depending on the intensity, frequency and destructive aftermath of the offense. Basically, you can expect charges from misdemeanor to felony. 

You therefore have to have a projection of expectations once you are arrested so as to have the best way out of every challenge an arrest or charge may pose against you. Chances are that you have read from legal websites and blogs with little or no resources on DUI trial expectations, but rather as many as possible documentaries on the need for a DUI attorney Denver among similar topics. While the latter is useful, the former is needed to plan your defense based on history and previous experiences. It is called learning from the fig tree.

Once you are pulled over by law enforcers for DUI check, the process of conviction would begin almost immediately. From field sobriety test to chemical tests, chances are that you would be provided with more than a test option to have you booked. Whether in a way you like or otherwise, all these processes may land you in the trial via charges leveled against you. Thus, you basically need the assistance of an experienced Denver DUI attorney to scale through by soliciting either case dismissal or reduction in punishments. However, it is important to have an idea of what to expect during the trial process.

Arraignment:

DUI trials are usually not a complex legal process. They begin with the arraignment. This is your first time of appearance before the judge for your hearing. Arraignment usually takes place the morning after your arrest on a DUI charge. However, it can also be scheduled for later. The judge would read all charges against you to your hearing and you are expected to plead guilty or otherwise. It is best that your Denver DUI Attorney stand in for you here.

Trial opening statements:

In a DUI trial, both the defense and prosecuting counsel would be allowed space for the opening statement. However, this step could be skipped if your trial is before a judge. This doesn’t also negate your right to request a jury trial if the crime with which you have been accused carries a penalty of 90 days or more incarceration. An experienced DUI attorney would most likely advise you not to waive your right to the opening statement as that may set a tone to help win the jury over right from the beginning of the trial.

Presentation of witness and evidence:

This usually follows the opening statement. Prosecution defense would most likely be the first to call on witnesses. Your attorney would have the chance to ask the witness questions too. Similarly, your attorney reserve the right to ask prosecution questions. An experienced attorney would know the right questions to ask in favor of your case. A prosecution may also call you and ask you questions in front of the court. You are advised to answer questions in all honesty except the ones you know may jeopardize your case (you are protected under the constitution to refuse to testify for yourself). Rather than answer, you could just allow your attorney to speak for you. Make sure you don’t hide information from the jury. This might make you look guilty when you are really not. Further, because testimony is a huge deciding factor in your trial, your attorney should be able to help you testify correctly by adding credibility to your story. Be open to him to help you. All of these would be factored into case examination and cross-examination.

Closing arguments, jury decision and sentencing:

After examination and cross-examination of evidence and witness testimonies, attorneys from both prosecution and defense we would be given an ambiance to summarize their case. Closing arguments in these lights are really important, especially in jury trials than the ones in the form of a judge. Your lawyer should be able to make a strong closing statement in favor of your defense. The jury will meet shortly after to minute overall evidence and issue a decision on whether you are guilty or otherwise. If you are found not guilty, you are free, otherwise, you would be sentenced to a court that would explain you're criminal penalties.

The above in the basic light should summarize your expectation n a DUI trial in the USA. However, you could meet some negligible differences in reality as this is not like a rehearsed script or rubberstamp of efficiency for all DUI trial.

Best DUI Defense Strategies in Denver

DUI has been confirmed as one of the most documented causes of preventable deaths across the states of our federating unit in the USA because it has claimed lots of lives via road accidents based on impaired driving. There is thus a need to put a stop to this preventable loss of lives and properties that rage almost in every state in the country. This explains the major attention and interests the governments of all states have given to the offense to curb the menace via legislations and structuring of penalties for the offense.

You may have heard about DUI/DWI (Driving Under Influence/Driving While Impaired) as one of the most terrible offenses in the United States given its popularity as well as the serious criminal and administrative penalties that usually trail it, but chances are that you still think of DUI on a general note than its complex specifics and intensity of the offense. DUI arrests especially could happen in various ways and instances. Similarly, its penalties may be as different and possess a wide scope based on various factors, although most times, there are general penalties depending on the offense regime (whether first time offender or repeat offender) and/or region or state in which the offense is committed.  Generally, DUI attracts penalties ranging from few monetary fines to jail term and even felony charges depending on factors surrounding it.

The variety and severity of DUI offenses usually spell that the  most professional and experienced Denver DUI attorneys take special approach to offenders’ defense, hence the long list of strategies that are devised by them to have control of each situation. Whether a first time offender or a repeat offender, the first step to take in order to confront a DUI arrest or charge is to secure the service of professional Denver DUI Lawyers who possess vast knowledge of local DUI laws in your defense. This would ultimately save you time as well as secure the best possible results no matter how difficult the situation may appear.

Most Denver DUI lawyers build their clients’ defense strategies around situations of arrests or charges including the traffic stop, field sobriety tests, breath tests, the arrests and in fact, the prosecution. Your attorney would love to know what situations warrant the initial DUI stop. This is because, like in most other states of the US, Denver DUI laws posit that law enforcement officers must have a reasonable amount of suspicion in your driving to have been inconsistently (impaired) before stopping you for such check. The law is such that motorists wouldn’t be victimized, delayed or pulled for no reasons. If he can then prove successfully in the court of competent jurisdiction based on the information you make available to him that officers do not have enough suspicions to have forced a stop, such charged would be dismissed as incompetent.

Similarly, your attorney would want to have an idea of the test type, apparatuses and equipment administered to you by officers. It is believed that some tests (field sobriety and Breathalyzer) are perhaps highly fallible, and so they cannot be depended upon as a basis for DUI charge. However, some tests (chemical tests) have better accuracies, yet an experienced attorney would defend you against such with the slightest limitations which could range from false readings, improper calibration, administration and even offender’s health conditions.

Not just this, your arrests and situations surrounding it can be used to stage a defense against a charge. It has to be confirmed if your state rights were read to you by police officers, if you were allowed to speak with your attorney, if there is a probable cause for arrest and lots more. This is to establish that your rights have not been infringed upon during the arrest situation. Even when all hope seems to have been lost, an experienced Denver DUI Attorney could always spring surprises by creating great strategies to fight your prosecution. He could look for lacunas in evidences (if manhandled) as well as documentations to fight your legal battle really hard and gain some wins.

Overall, individuals are not expected to face DUI arrests and charges alone. Rather, they are expected to get a DUI attorney who would amidst all odds and depending on the severity of your offense solicit charge dismissal or reduced penalties as the case may be. You are advised to hire one today.