QUESTION
How can they prove I was impaired without testing me?
Asked on Aug 27th, 2014 on Criminal Law - Colorado
More details to this question:
I was pulled over for running a yellow light and was taken in custody for possession of a meth pipe. I was never given a road side test or asked for a urine test. They only asked if I would submit to a blood test, which I refused. So how can they prove I was impaired? They are charging me with a third DUI. What are my rights? And my public defender is a puppet to the judge and makes me worry Thanks.
1 ANSWER
3 Awards
They can argue to the jury based on the actions the officer observed of your driving, movements, speech, eyes, possession of a used meth pipe, and consciousness of guilt based on refusing a blood test. That will be their argument. Some PDs are good, some are not. At this stage, there is no reason for a PD to argue with a judge. Often there is never a time to anger a judge. Set an appointment with your PD to discuss strategy and trial defense. If you do not like what you hear, you may wish to hire a private attorney.
Answered on Aug 29th, 2014 at 8:05 PM