Colorado Springs Drunk Driving Defense Attorneys
The Prosecutor's Role in a Drunk-Driving Case
Prosecutor Discretion
In criminal cases, the prosecutor's role is difficult but simple: examine the evidence of the crime and pursue an appropriate punishment for that crime. A prosecutor is a representative of the United States government, and must act in its best interest at all times. In this regard, the Colorado court system can be looked at in the same manner that one would look at a business. For example, a prosecutor is not going to aggressively pursue and drag out a DUI case involving a first time offender who has otherwise been a model citizen (spending valuable time and resources in the process), but may do so for a habitual offender who seriously injured someone while operating his or her vehicle while intoxicated. Essentially, determine how best to utilize state resources, picking and choosing cases that warrant an aggressive prosecution.
Evidence Makes or Breaks Your DUI Case
A Colorado DUI prosecutor will examine the evidence surrounding an arrest. If the evidence is all in order (meaning that it was accurately and legally gathered) and supports the charges for which law enforcement arrested the individual, then the prosecutor may proceed with filing a case against the driver arrested for DUI. In the event that it is discovered by the prosecutor that evidence obtained during the arrest is inaccurate or tainted in some way, then charges initially brought against the arrested individual may be dropped. For instance, if it is discovered that the breathalyzer used during an arrest was improperly calibrated at the time of usage, therefore delivering inaccurate or inconclusive testing results, then the prosecutor will have no choice but to eliminate that evidence; in many cases, without BAC testing results, there is little left for the prosecution to use to pursue a DUI case and that charge is dropped.
After all evidence is taken into consideration, the prosecutor will determine the best course of action to pursue against the individual accused of DUI. This plan of action may simply include mandatory alcohol counseling, or could involve a lengthy prison sentence, both dependent on the gravity of the incident. Regardless of what the prosecutor chooses to pursue, the best defense against DUI charges always involves retaining the services of a skilled criminal defense attorney. Prosecutors are often times very experienced attorneys in their own right, so it is extremely important that an individual accused of DUI in Colorado acquire the services of an equally experienced DUI defense attorney.
Consulting an Experienced DUI Lawyer
At The Bussey Law Firm, P.C., our Colorado Springs DWI defense attorneys fight to ensure that the rights of the accused are not infringed upon in a court of law. If you or a loved one has been arrested for DUI/DWI in Colorado, the state will be rapidly preparing a case against you, so don't hesitate to contact our office today for information that could aid you in your defense. Please call (719) 475-2555 for a free consultation of your case, and we will begin mounting on your behalf the strongest defense possible given the circumstances of your arrest.
Colorado Springs, Colorado, DUI defense attorney Timothy Bussey provides experienced and aggressive DUI criminal defense representation for clients in El Paso County, Teller County, and Pueblo County, including the cities Colorado Springs, Monument, Manitou Springs, Woodland Park, Pueblo, Cripple Creek, and Castle Rock.
February 3rd, 2012