Whether you are charged with DWAI or DUI, the prosecution must prove that you were “driving” to make their case.
Driving is not specifically defined by any statute, however, a driver is defined as someone who either is driving or is in actual physical control of a vehicle. Actual physical control exists where a person exercises bodily influence or direction over a motor vehicle, a determination made by examining the totality of the circumstances.
Numerous factors can be considered in determining whether or not actual physical control exists: where the vehicle was found, where in the vehicle the person was found, whether or not the motor vehicle was running, and any other factor which tends to indicate that the person exercised bodily influence or direction over a motor vehicle or not based on your every day experience.
Driving does not require any movement of the vehicle. Additionally, it does not matter whether the defendant was alleged to have driven on a public road or highway, on a private road, or on private property.
Should you believe that there may be an issue establishing that you were driving in your case, or whether you were in actual physical control of the vehicle, do not hesitate to contact a Denver DUI Defense Attorney immediately to discuss your case and all applicable possible defenses to that case.
In Colorado, the law permits self-defense, but only under specific conditions. What begins as a self-protection claim can easily spiral into a criminal charge if the facts are misread or misrepresented. That’s why understanding how self-defense is treated under Colorado law can be the key to protecting your freedom.
At the Law Office of Kimberly Diego, we’ve represented clients in cases where force was used for one reason only: survival.
If you or a loved one is facing a challenging situation regarding the Colorado Red Flag Law, you may be feeling overwhelmed and unsure of where to turn for help. The Colorado Red Flag Law allows for the temporary seizure of firearms from individuals who pose a danger to themselves or others. This delicate legal matter requires a strong and experienced defense.
When carrying the weight of a criminal record, it doesn’t just sit in the background. It shows up in places that matter – job applications, apartment hunting, and even volunteer opportunities. If you’ve served your sentence, completed probation, or had your case dismissed, it’s fair to wonder whether Colorado allows you to clear the slate. The answer is yes, but not always – and not without strategy.
