Getting into legal trouble is nothing any of us ever want to do. A run in with the law, no matter how serious it may be, can be stressful, painful, harmful to one’s reputation, and extremely financially burdensome. The legal process is long and complicated, so many people who find themselves in a legally risky situation will ultimately decide to hire an attorney. In fact, if the case is serious enough, not hiring an attorney can actually cost you more in the long run. Therefore, it’s really important to know what you should base your decision to hire an attorney or not on.
Before making any decisions as to whether or not to hire an attorney, you need to know exactly what your issue is. And when I say “exactly,” I mean “EXACTLY.” If you’re on the defensive, you need to understand the charges or lawsuits that are being leveled against you thoroughly for several reasons. First, if you don’t understand the issue you’re facing, how will you be able to explain it to an attorney if you decide to hire one? In addition, knowing the problem you are facing can help you decide if you know enough to defend yourself or if you will need the help of a legal expert.
Once you’re sure of what your problem is, it’s helpful to ask those close to you for advice on solving the problem. If you know people who have been in similar situations as you, it might be helpful to talk to them about their experiences, so you can get an idea of whether or not you might need to hire an attorney. Getting as many diverse opinions and suggestions as you can on the issue at hand can help give you a more well rounded view of the issue. If you find that neither you nor those you know have enough legal knowledge to solve the problem you find yourself faced with, it’s probably time to consider researching a DUI attorney Colorado Springs has to offer an-d scheduling a consultation with one of them.
During this entire process, you also need to keep in mind the urgency of your legal issue. The more urgent the issue, the quicker you need to find a solution and possibly hire a professional like a criminal defense or bankruptcy attorney Denver has. If you need professional legal counsel, the sooner you hire someone and get them to start working on your case, the better your chances are of coming out of your case on top. Again, you may think that the fees of, say, a DUI attorney Colorado Springs has are high, but not hiring the right attorney when you need one will usually cost you more in the end.
These are just a few major considerations you should take when deciding whether or not to hire an attorney. Of course, there are other elements that are specific to certain cases, such as the need to immediately hire a drug lawyer Las Vegas if you are being interrogated by authorities in Sin City. In cases like these, you need an attorney as soon as possible who will ensure that you do not incriminate yourself needlessly.
Our last post gave an introduction to field sobriety tests and focused primarily on the horizontal gaze nystagmus (HGN) test. We learned that the HGN is a test that is often done inaccurately and can be contested in a court of law with the help of an HGN expert. If the test is taped, however, the defendant will oftentimes have a harder time refuting the results of the test, as the prosecution may also call their own HGN expert to the stand to testify that the test was done correctly.
Today we’re going to look at another type of field sobriety test that can also end up helping your case or hurting it, depending on how your Colorado Springs DUI attorney is able to handle the results of the test. This type of FST, known as the ‘Walk and Turn’ (WAT) test, involves the driver walking forward in a straight line, heel to toe, then turning around and walking back again in the same straight line, heel to toe. During this process, there are two specific stages that go into the test: the instructional stage and the walking stage.
During the instructional stage, the officer conducting the test will look for two possible mistakes that the driver might make. First, the officer will look for any signs of the driver losing balance. Second, the officer will look to see if the driver begins walking too soon. If the officer notices either of these things, they can, and most likely will, be used against the driver at trial.
During the walking stage, there are six things that the officer will look for in the driver’s performance: stopping while walking, not touching heel to toe, stepping out of a straight line, raising arms too high for balance, turning improperly, and taking too many steps. If two our of six of these things happen during the test, the officer will conclude that the driver has failed the test.
As with the HGN test, the most common defense that a Colorado Springs DUI attorney will use against the results of a WAT test is that the officer did not give proper or thorough instructions prior to performing the test. Also. if the driver has any preexisting medical conditions that would affect his or her ability to pass the test, the results of the test might be compromised or invalid.
We’ve got one more FST to discuss in our next article, so check back soon for the last part to this FST series.
If you’ve ever been pulled over on suspicion of a Colorado Springs DUI, you know that there are various tests that law enforcement officials will make you take in order to determine your level of intoxication. These tests can range from a breath test, to a blood test, to various field sobriety tests. Knowing what’s in store for you if you are ever stopped on suspicion of driving intoxicated can help smooth out the process and hopefully get you out of trouble before you’re even in it.
In the next few articles, I’m going to focus on field sobriety tests, since these are tests that are subjectively judged by law enforcement officials. Although FSTs are designed to be as objective and easy to judge as possible, they are not nearly as objective and scientific as a breath or blood test. For this reason, knowing what officers will look for during FSTs can either help you pass them or know what you can use in your defense if you are arrested and eventually go to trial.
The first FST police will usually perform is what is known as a horizontal gaze nystagmus (HGN) test. In laymen’s terms, this FST is known as a ‘follow the finger’ test and simply involves following a finger or pen with your eyes. During this test, the officer will be looking for involuntary eye movement, which you cannot feel or control. The good thing about HGN is that it takes an officer who is highly skilled in performing and scoring the test to be able to argue its accuracy in a court of law and survive the cross examination of an experienced Colorado Springs DUI attorney.
As will be the case with all FSTs, the admissibility and legitimacy of HGN test results will often depend on whether or not the office taped the test. If the test was taped, the prosecution may have an advantage, due to the fact that they can bring in an expert HGN test evaluator who may reinforce the officer’s conclusions. Then again, the right Colorado Springs DUI attorney may be able to acquire for you a similar expert who will be able to successfully argue the opposite.
Please remember that with these tips, we are not encouraging using this information to enable drunk driving. We are only trying to help those who are wrongly accused of and arrested for driving under the legal limit.
Check back soon for more information on other FSTs and DUI tests.
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May 10, 2011 4:21 pm | 
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