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.
A report from a mandatory reporter does not automatically mean a parent will be arrested, charged with a crime, or separated from a child. The report is routed to the appropriate Colorado county for screening. The county may screen it out, assign it to a family-focused or high-risk assessment track, or coordinate with law enforcement when the allegations may involve a crime or an immediate safety concern.
A preliminary hearing in Colorado is a limited court proceeding available in certain felony cases. The judge does not decide whether the accused is guilty. Instead, the prosecution must show probable cause to believe that the charged offense occurred and that the accused committed it. Although that is a much lower standard than proof beyond a reasonable doubt, the hearing can give a Denver criminal defense lawyer an early opportunity
If your partner called the police during an argument and now wants the case dropped, you may assume the two of you can simply explain that to the court and move on. In Colorado, domestic violence cases do not work that way. Once police make an arrest or prosecutors file charges, the case belongs to the state, not the person who made the original report.