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.
Imagine walking home from a night out with friends, and someone bumps into you. Usually, this wouldn’t be a big deal. But even though you attempt to apologize, they become immediately aggressive. First, they start yelling at you and threatening you. You ignore this, but when they attempt to attack, you are forced to fight back. Unfortunately, in an attempt to protect yourself, you injure them.
Many people regard taking property that is not yours as theft, but the truth is that how something gets stolen makes a difference in the eyes of the law. That’s why Colorado law differentiates between burglary, robbery, and theft – because stealing is simply the underlying action these distinct crimes have in common.
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The laws surrounding marijuana use in Colorado are relatively straightforward to understand. Still, it’s helpful to brush up from time to time on a few of the finer points of legalized marijuana in the state, such as whether it’s OK to order marijuana online to have it delivered.
As progressive as Colorado has regarded drug laws and marijuana specifically, you don’t want to break the law unknowingly. In 2019, the
