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.
Over the last few years, home delivery of packages has become quite common – as have “porch pirates,” the people who steal these packages from the porches of unsuspecting people.
Colorado has a porch pirate problem, something of which law enforcement is fully aware. They’re taking measures to crack down on it. Police all over Colorado are advising residents to be on the lookout for porch pirates – and how
Fentanyl is a drug that almost everyone has heard about by now, not only because of what it does for patients that need pain relief – but for how it is impacting the lives of those who buy drugs on the street.
A man from Colorado Springs was indicted for distributing fentanyl. Through his distribution, at least one death from this dangerous substance occurred. He is facing up to life
Being a convicted sex offender in Colorado is a difficult road – made even more difficult by one thing: indeterminate sentencing.
Recently, a court upheld a convicted sex offender’s indeterminate sentencing as constitutional, meaning that his sentence for first-degree sexual assault that has gone beyond the determinate sentence is not a violation of his rights.
What is an indeterminate sentence? Is it something someone accused of sex crimes in Colorado
