Driving under the influence is one of the most heavily prosecuted offenses in Colorado, and the penalties can affect nearly every aspect of a person’s life. With so much at stake, dashcam video evidence that captures the moments leading up to and following a traffic stop takes on enormous importance. While prosecutors may view the footage as strong support for their case, the reality is that dashcam evidence is not
Roadside maneuvers are a series of physical maneuvers an investigating officer requests a driver to perform at or near the site of the initial stop. The tests rely on coordination or other physical signs to judge your degree of impairment. These typically include a request that the defendant say the alphabet, a walk and turn test, a one leg stand test, a finger to nose test, and a horizontal gaze nystagmus test. Roadsides must either be supported by probable cause or voluntary consent.
The police officer has to be properly trained and use that training to properly conduct the test. Should the police officer not conduct the test properly, an experienced Denver criminal defense attorney will be able to help you. A careful line of questioning can bring out that the proper procedures were not followed and, consequently, bring the reliability of the results into question.
Standards for administering SFSTs in Colorado can be viewed here. Even if these standards are met, however, it has been well-documented that SFST results are not always accurate indicators of intoxication (or lack thereof).
If you have been charged with a DUI or DWAI and are looking for representation call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.