A 24-year old young man was seen by an officer hitting a median (he explained it was because he was looking at his cell phone). Officer put him through roadsides and said he failed. Defendant submitted to a blood test which had a result of .037. Despite the legal presumption that individuals below a .05 are not impaired, the DA was aggressive and demanded a plea of guilty to Driving While Ability Impaired. We refused and set the case for trial. Just before the trial, the DA recontacted us and agreed to dismiss the alcohol-related charge if Defendant pled guilty to Careless with a minimum fine. This case is an example of how the DAs are sometimes very aggressive on low-BAC cases. We had to be equally aggressive and set the case for trial to get the excellent result we did.
Arrested on DUI or DUID charges?
Do not settle your case – Contact us today!
Serving Fort Collins, Loveland and Greeley for over 35 years Of Counsel with Cummings & Petrone, LLC
204 Maple Street, Suite 103 • Ft Collins, CO 80521 & 322 East Oak Street • FT. Collins, CO 80524 • 970-493-7777