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Case Examples

∗ Case Example #1:

Charges: Three counts of Vehicular Assault, Driving Under the Influence of Drugs and Careless Driving. The client was accused of driving under the influence of a Schedule II and Schedule III Controlled Substance when they went into on-coming traffic and collided head on with another vehicle. All tree occupants of the other vehicle including an 18 month old child suffered serious bodily injury.

Issues: Whether or not the client was under the influence or impaired by the drugs found in their system. Other issues included whether road conditions and weather contributed to or caused the accident.

Strategy: Attacking the police investigation and blood evidence.

Outcome: Client received a Deferred Judgment and was Sentenced to one count of Reckless Driving causing injury The client did not receive any jail time and was sentenced to useful public service and supervision.

∗ Case Example #2:

Charges: Driving Under the Influence of Alcohol and Drugs, Resisting Arrest, Obstruction of a Peace Officer, Possession of Marijuana and Drug Paraphernalia. Officers were responding to an alleged fight and a possible gunshot. Police contacted the client while they were driving away from an apartment building. Police claimed that the client allegedly ran from them, resisted arrest and refused any type of chemical test.

Issues: Whether or not the police had reasonable suspicion or probable cause to contact the client. At the DMV hearing the issue was whether or not the client's actions of resisting arrest constituted a refusal to take a chemical test.

Strategy: Attorney set the case for a Motions Hearing and was able to get all the evidence suppressed. The court found that the Police had violated the client's 4th, 5th, and 6th Amendment rights.

Outcome: Case was dismissed. At the DMV hearing, the Hearings Officer found that the client's actions did not constitute a refusal to submit to a chemical test and dismissed the action. Client did not lose their drivers license.

∗ Case Example #3:

Charges: Speeding, and Driving Under the Influence of Alcohol or Drugs. The client had left a local bar after consuming one beer. The Police Officer alleged that she had been speeding.

Issues: When stopped, the client had been truthful with the officer and had told him that they had consumed one beer. The officer claimed that the client was intoxicated. The officer had the client proform roadside sobriety maneuvers, which the officer claimed that she failed. The client also took a breath test and the results of the breath test were well under the legal limit and consistent with consuming one beer. The officer then accused the client of being under the influence of drugs. He required them to do a urine sample and charged them with Driving Under the Influence of Drugs and Alcohol.

Strategy: Attacking the officer's training and administration of the field sobriety maneuvers and the results of the urine sample provided by the client.

Outcome: The charges of Driving Under the Influence of Drugs and Alcohol were dismissed by the District Attorney's Office. The client never lost their driving privilege.

∗ Not all criminal cases are the same. These results are from actual cases handled by the Grand Junction criminal attorneys at Peters & Nolan, LLC. This is not a representation, guarantee or promise as to the results or outcome of your particular matter.

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Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.

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