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, sex crimes are very serious. That’s why if you get charged with one, it’s something you should take very seriously – no matter if it’s a misdemeanor or a felony charge.
Some sex crimes in the state get charged as misdemeanors. Others get charged with felonies. The level at which a sex crime gets charged impacts the types of penalties you can face if you are found guilty
Getting arrested for driving under the influence in Colorado automatically saddles you with a DUI arrest record.
The police create this report and it becomes a part of the public record. That’s why it’s vital to understand what an arrest record is and how it can impact your future – whether you are ultimately convicted of a DUI in the state or not. Read on to find out what you
It’s imperative that every citizen understand their rights. For example, if you are pulled over for a traffic stop and the police ask to search your vehicle, you have the right to tell them no.
Police in the United States can only search a person or their property if they have reason to believe that a crime has been committed – these are rights guaranteed under the U.S. Constitution.
