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 cases involving domestic violence or harassment, Colorado provides a legal mechanism known as a Civil Protection Order (CPO) to protect individuals from further harm. While CPOs are crucial for ensuring safety and security, they also have significant implications for respondents, who may find themselves navigating the complex legal process.
Understanding the Civil Protection Order Process
Initiation of the CPO: A CPO is typically initiated by the petitioner, who seeks
Arson charges in Colorado carry severe legal consequences, making it imperative to have a comprehensive understanding of the legal landscape and available defense strategies. Being accused of intentionally setting fire to property can be overwhelming and distressing, but with the right knowledge and legal guidance, you can effectively navigate the complexities of the criminal justice system. We aim to empower individuals facing these serious allegations by exploring key aspects of
Colorado Organized Crime Control Act (COCCA) charges are serious offenses that aim to combat organized criminal activity within the state. If you or someone you know is facing COCCA charges, it is crucial to understand the implications, legal framework, and potential consequences involved.
Overview of COCCA
COCCA is a state law designed to target and dismantle organized criminal enterprises operating in Colorado. It allows prosecutors to bring enhanced charges against