Attorneys are beginning to see more cases where someone was pulled over for speeding and then the officer accused them for driving under the influence. If you have been in this situation, but you were not driving under the influence, you need to contact an attorney right away.
James Brower of Castle Rock, Colorado was visiting a friend in Colorado Springs back in July of 2011. Once he was done visiting his friend, he decided to drive home via Interstate-25. Interstate-25 has a strict speed limit of 65 miles per hour wherever construction is not being performed. James was not paying close attention to his speed limit and accidentally sped up to 78 miles per hour. He passed a Colorado Springs highway patrol officer on the side of the road and quickly reduced his speed, as many people do who pass a police car. Unfortunately, the officer followed him for about a mile and then pulled him over.
The officer began going through the motions by collecting James’ license and his registration information. The officer sat in his patrol car for about 10 minutes before returning to the car. The officer informed James of him breaking the speed limit and told him he would have to write a ticket. At that point, James understood that he was only being charged for speeding. The officer then asked James to get out of his vehicle and accused him of driving under the influence.
“I was only speeding and I didn’t have anything to drink the entire night,” James remembers. The officer requested James perform the roadside sobriety tests, but he refused. He was sober and rightfully thought the officer was stepping out of bounds. The officer went on to let James know that he would be arrested and taken back to the Colorado Springs jail if he failed to cooperate. James did not cooperate and was hauled off to jail, where he was forced to perform a breathalyzer test. The breathalyzer test proved he did not have any alcohol in his system and he was let go. Unfortunately, he was forced to pay $35 for a cab and $400 to get his car from the impound.
In James Brower’s case, he was wrongfully charged with a crime he did not commit and was forced to spend money he otherwise would not have. Colorado Springs DUI lawyers have seen many cases like this and are now speaking out to offer their expertise. Most any Colorado Springs criminal defense lawyer would agree that a serious false charge like a DUI needs to be taken to court.