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.
A Denver DUI arrest centers on two numbers: the roadside device reading and the station machine reading. Most people assume both are final. At the Law Office of Kimberly Diego, you can work with a Denver DUI defense attorney who understands that both readings can be challenged, and that the strongest defenses are built by reading the paper trail behind the numbers.
The Roadside Breathalyzer and the Station Test Are
If you violate probation in Colorado, your probation officer files a complaint with the court, and a revocation hearing is scheduled before a judge, not a jury. The burden of proof is lower than in a criminal trial, and the range of outcomes is wider than most people expect. The Law Office of Kimberly Diego defends people facing probation violation allegations throughout Denver and surrounding Colorado courts.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
