Criminal Law

Every traffic case begins with one thing. Contact of a citizen by a police officer. With regard to motor vehicle contacts, there must be a reason for the officer to contact the citizen; whether it be because the car has a broken headlight, a missing license plate light, or if the officer observes some violation such as improper use of a turn signal, speeding, or improper lane change. When contacted by the officer, everyone is required to have a valid driver's license, registration for the car they are driving and proof of insurance. These documents should be in the vehicle and easily accessible at all times. This contact is also a crucial time for the gathering of information by the law enforcement officer. Many times they will ask if a person knows why they were pulled over. There are several things that everyone should remember:

You have the right to remain silent.

You have the right to an attorney.

You have the right to have an attorney with you during questioning.

You have the right to have an attorney provided for you if you cannot afford one yourself.

Of these rights the first is the most important. As discussed above, a police officer asks questions not to be friendly, they are gathering information. It is a common misbelief that in order for a statement to be used against you that you must be read your Miranda Rights first. This is not the case. The only time you have to be read your Miranda Rights prior to being questioned is when you are in the custody of police. If you are not in custody, they can ask you as many questions as they want and it can be used against you if you receive a citation. Because of this it is very important that you know and exercise your own rights. You do need to provide basic identifying information to the police, but that is all. If an officer wishes to speak with you about what you may or may not have done, remaining silent is the best thing you can do. If you talk to a police officer about the reason he or she pulled you over, or about what you have been doing during the evening, they will write it down to be used against you at a later time. If the officer gives you a citation, it is very beneficial to your case for you not to have made any statements.

Driving Under the Influence

If an officer suspects a person of driving under the influence, the rights laid out above become even more important. During the contact the officer will ask if the person has had anything to drink during the evening. The most common response people make is that they have had either two or three drinks. The only thing this does is confirm for the officer that a person has been drinking. Following this the officer will often ask if the person would be willing to take some roadside tests. These tests are intended to measure a person's coordination ability and physical responses. They are also optional and the officer will explain that. Once again, the officer is merely trying to gather evidence to build a case. The officer will monitor each test given and then document the driver's ability to do them. All drivers should remember that they have the right to say no to roadside testing. Participation in these types of tests only increases the chances that an officer will make an arrest. If a person fails the roadsides, the officer will arrest and will then offer either a blood or a breath test to measure the blood alcohol content (BAC) in the person's blood. Colorado is an express consent state. If an officer determines they have enough evidence to make an arrest for driving under the influence or driving while ability impaired, it is required that the person participate in BAC testing. Refusing at this point to take a blood or breath test will result in the automatic suspension of a person's driver's license.

In Colorado, if the blood alcohol content of a person is .08 or above, they are presumed to be driving a car while under the influence of alcohol. If you are arrested for driving under the influence, the possible penalties can include fines and jail, public service, loss of a driver's license, mandatory participation in alcohol classes, and being placed on probation. Apart from this there is the social stigma attached to driving under the influence which can affect your job and other aspects of your life. If you are arrested for driving under the influence, remembering your rights and asserting them can make a difference in how your case proceeds through the system. Getting a lawyer who understands the system is crucial once you have been charged. Exercising your rights during the investigation phase is crucial to aid in your own defense.

What should you do if contacted by a law enforcement officer:

1. Be polite, they are only doing their jobs and being impolite only adds to the evidence against you.

2. Have your license, registration and insurance information easily accessible.

3. Answer questions only regarding basic identifying information such as your name, age and address.

4. Speak as little as possible. Everything you say will be written down and used against you later on.

5. Politely decline to answer questions about why you were pulled over or what you were doing.

6. If you are arrested, ask for an attorney.

Call The Law Firm of Jaray & Webster, LLC today for a free initial consultation.

"Call or E-mail Jaray & Webster Now"

Phone: (719) 633-6620

Santa Fe Building
985 Pico Point
Colorado Springs, Colorado 80906
Fax: (719) 634-0789