DUI Dismissal Greeley, Colorado
Our client had an accident in a major storm, was not injured and no other vehicle was involved. The client decided to walk home and left his vehicle due to the road conditions. The police found his vehicle and cross-referenced the plates and showed up at his home later that evening. The cops asked for entry into the home, which was initially refused. The cops eventually gained entry into the home by convincing the young man that answered the door to let them in. The officer invoked the express consent law once he entered our client’s home, and our client elected to take a breath test. The officer then refused to give our client the breath test he elected, “because of the weather”.
We filed a Motion to Dismiss based on illegal entry into the home, and failure to preserve possibly exculpatory evidence. Just before the court hearing, the DA offered to dismiss the DUI charge if our client plead to a lesser reckless driving charge, 24 hours of community service and classes.
This would have been the clients third DUI and would have been looking at substantial jail time, monetary charges and loss of license. Know your rights, the police do need to follow certain protocol and often times fail to do so.