1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Continuing court date

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by Raj Patel, Aug 16, 2019.

Tags:
  1. Raj Patel

    Raj Patel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Colorado
    After, I got pulled over the cop came to the car and started asking for car documents and asked if we had smoked marijuana or if we are carrying marijuana in the car since I guess he got the smell. We told him yes we are carrying. I wasn’t talking much and I was wearing sun glasses. He asked me why I wasn’t talking and asked me if I can understand him, I did say yes. He asked me to pull down my sun glasses and told I’ll have to take few tests on the road. He made follow his finger with my eyes – I did that. Made me walk in a straight line (asked me to take 9 steps. I had a bit of confusion while walking if he had told me 9 or no – I tried to reconfirm with him but he didn’t respond as he had already told me and asked me if I had any doubts before starting) and stand on one leg for 30 seconds and when you feel it’s over tell him. Officer had asked me if I drank alcohol or no? I told him I had one sip of a breezer. After all the road tests got over he handcuffed me and told that I need to perform few tests on you at the hospital and take you to the jail, take few photographs and I would leave you. I was sitting in police car with my hands cuffed at the back and the cop told my friend to tell me the same thing which he told which was take you to the jail, take few photographs and I would leave you. In the cop car, started driving to the hospital where they took my blood test and after the tests, the officer cuffed my hands from behind to front and said this is because you seem like a nice guy. I did plead him apologies and to leave me but he said he can’t as it’s his duty to do this. Once we were in the detention center, the officer made me wait for a 30 mins before he gave me the yellow clothes to wear. There was one more guy who came after me and he changed and was taken inside. I guess the officer was talking to his seniors. From what I overheard, he told his senior that I feel he’s fine but he’s admitting that he has had alcohol. I am 75% sure that he said that to his senior and after that they took all my things and gave me those yellow clothes and put me in the detention center with 6-7 other people till the court hearing next afternoon.
     

    Attached Files:

  2. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    You never did get around to asking a question. Nothing here seems amiss though, very standard atuff.
    If the officer didn't believe you were intoxicated or under the influence you would not have been arrested. It is possible your symptoms were due to marijuana and not alcohol. Who knows what their conversation was about but it is of no use to you.
    The blood test will reveal alcohol and THC content. The officer will testify about his observations during the sobriety test ( Which it sounds like you had difficulty with).
    What will happen? Anyone's guess.

    You have been arrested for DUI. You need legal counsel to minimize the damage.
     
  3. zddoodah

    zddoodah Well-Known Member

    Messages:
    2,882
    Likes Received:
    574
    Trophy Points:
    113

    Fascinating story (not really...it was repetitive and longer than it needed to be). Do you have a question?
     
    Highwayman likes this.
  4. army judge

    army judge Super Moderator

    Messages:
    30,442
    Likes Received:
    4,145
    Trophy Points:
    113

    Very, very cool, and entertaining INTERNET story, dawg.

    I suggest you STOP telling it, hire a lawyer (or ask the court if you qualify for a public defender), and seek counsel ONLY from your wise, licensed attorney.

    You have the RIGHT to remain silent.

    I suggest you avail yourself of ALL of your rights.

    You only stand accused of something, constitutionally you are presumed as innocent as a 5 minute old baby!
     
  5. flyingron

    flyingron Active Member

    Messages:
    316
    Likes Received:
    123
    Trophy Points:
    43
    Everybody thinks they passed the field sobriety tests.

    Understand that there is NO legal limit below which you are safe. 0.05% is only the point where they don't have to provide evidence of your intoxication, you are assumed to be at that point. You can be found guilty at lesser amounts.

    You need to be speaking to an attorney that can review the evidence against you in an informed, sober, and impassionate manner.
     
  6. army judge

    army judge Super Moderator

    Messages:
    30,442
    Likes Received:
    4,145
    Trophy Points:
    113

    Don't imbibe alcoholic beverages and drive on the PUBLIC roadways.

    Don't smoke the DEVIL'S weed and drive on the PUBLIC roadways, even if you possess a fake WEED card.

    Consume ALL the adult beverages and DEVIL'S weed you wish, but do so in a safe, secure, private location.

    Once you're SOUSED as a cucumber on it's way to PICKLEHOOD, stay inside your PRIVATE, secluded location.

    Don't attempt to imbibe alcohol or devil's weed and drive a motor vehicle, ride a donkey (horse, mule, burro), or even WALK on or across the PUBLIC highways or lowways!!!
     
  7. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    And certainly don't do so with open containers and drive 25+ over the speed limit...
     
  8. Tax Counsel

    Tax Counsel Active Member

    Messages:
    393
    Likes Received:
    190
    Trophy Points:
    43

    You've been charged with DUI. So see an attorney for help. Grand Junction, as you no doubt know, is more conservative than other parts of the state like Boulder, Aspen, or Denver. So while pot is legal in the state, the folks on the western slope tend to be less happy about that then those on the front range. So the smell of the weed and the admission that you had it isn't going to make you look good to a lot of Grand Junction jurors. Moreover, while pot and alcohol are legal, it is not legal to drive while under the influence of alcohol or drugs. If the cop can show any evidence of impairment that along with your admission of drinking and the smell of pot that suggests you'd been smoking will be enough to convict you of the DUI.

    Most people charged with DUI who do the field sobriety tests (FSTs) think they pass them. The reality is that most don't pass them. Indeed, it can be hard for some people who are stone cold sober to pass them. While Colorado's implied consent law requires that you provide breath or blood samples when the cop asks for it, the law does not require you do a FST, and in most cases you should decline to do a FST when the cop asks you to do it. But you did do it, and that now can be used against you.

    Similarly, when a cop asks you if you have had anything to drink or done any drugs, asks if you have any drugs on you, etc., you don't have to answer and really shouldn't answer because what you say may be used against you and rarely is it ever going to help you. Just tell the cop you invoke your right to remain silent and then make sure you remain silent. You do have to identify yourself, give your license, insurance, and registration, but beyond that you don't have to provide any information. So do yourself a favor and don't start blabbing and giving the cop things to use against you. You saw how that hurt you here when you heard the cop say part of the reason he brought you in was that you admitted to drinking.

    An attorney can determine what defenses you may have to work with here and can help you get the best result out of this.

    And next time, if you've been drinking or doing drugs, don't drive. If you and some friends want to go out, make sure one of you stays sober and can drive the rest of you home.
     
  9. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    In my experience most peoope fail sobriety tests before they realize it has even begun. Following instructions is part of the test, and very often one of the first instructions given is to not do anything until told to begin. What happens? The person stands there and tries to mimick my demonstration as I repeatedly remind them to stand still and watch.
    The evaluation truly begins long before the officer says begin, and personally I have often already made up my mind before they do anything. We go through the motions with the sobriety test just so I have sufficient information to document.
     
  10. Tax Counsel

    Tax Counsel Active Member

    Messages:
    393
    Likes Received:
    190
    Trophy Points:
    43

    All the more reason to refuse to do the FST from the start. Frankly, I've always had doubts as to just how reliable FSTs are in proving impairment. So even if I haven't had a single drop to drink nor touched any impairing drugs I would refuse the FST. I don't trust them. And I advise clients to do the same. There just is no upside to doing them. If the cop is going to make a case for DUI, let him do it on his own. No need to help him do it.
     
  11. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    FST's don't really prove impairment. They give probable cause to make an arrest and obtain blood/breath evidence.
    The FST really just gives an officer enough information to determine how to proceed.

    In some locations refusing to submit to sobriety tests can have negative consequences too, but I certainly agree it is best to not sink your own ship.
     
  12. flyingron

    flyingron Active Member

    Messages:
    316
    Likes Received:
    123
    Trophy Points:
    43
    Maybe not "prove" for your purposes, but I've seen them used in court to convict absent a chemical test. The chemical test over the per se limit certainly makes things easier.

    I've also seen a good attorney challenge (successfully) the FST testimony and get his client off. I missed the early part of the trial as to how he managed to get rid of the chemical test evidence (there was clearly some from context that somehow got excluded).
     
  13. Raj Patel

    Raj Patel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    How many times can I continue a court date ? I don't stay in US to attend the court date on time. For how many times or for how many days can I get a continuance. Is there a limit on that ? Like can I not ask for continuance after few approved continuance request ?
     
  14. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    What is the reason for being in court? Is this an
    action you initiated? Are you the defendant? Is it a criminal or traffic issue?
    The solution to your problem depends on the type of case.
    You will have to inconvenience yourself to appear in court sooner or later- you won't get extended indefinitely.
     
  15. Raj Patel

    Raj Patel Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    I was arrested for a DUI while on visit Visa in the USA. I am not seeking an indefinite extension. But an extension of somewhere around 2 months ? Since I need to travel to US from my home country just for this. I need to make appropriate arrangements which are time consuming
     
  16. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    You need to consider that there could be multiple appearances in court required.
    Do you have an attorney? Sometimes your attorney can make an appearance without you there.

    Do you have any need to return to the US otherwise? Talk with am attorney about it and find out what is best for you.
     
  17. flyingron

    flyingron Active Member

    Messages:
    316
    Likes Received:
    123
    Trophy Points:
    43
    As you were told in the other thread you started on the same topic, you NEED an attorney. The attorney can arrange the continuance and deal with the other criminal matters you are facing.

    You also should let him know you are not a US national. You may need an advance parole to even enter the US again facing such charges.
     
  18. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,747
    Likes Received:
    512
    Trophy Points:
    113
    Most, if not all, of the time I've gotten PC well before the SFSTs and the tests just provide icing on the cake.
     
  19. Highwayman

    Highwayman Well-Known Member

    Messages:
    1,747
    Likes Received:
    512
    Trophy Points:
    113
    Stop opening multiple threads on the same topic. You should be asking your attorney - the answer is very judge and court dependent.
     
  20. mightymoose

    mightymoose Moderator

    Messages:
    10,436
    Likes Received:
    1,572
    Trophy Points:
    113

    Oh for sure. The FST is really just to confirm suspicions about the observations already made. I have never asked anyone to do a sobriety test that I didn't already think was drunk, and I don't think I have ever had anyone pass a test either.
     

Share This Page