As summer comes to an end in Colorado and Weld County cities like Greeley, Evan, Hudson, and others, so does the crackdown on Weld County drivers that sheriff’s deputies might think are Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) both listed under CRS 42-4-1301. The crackdown didn’t end quite soon enough for one “lucky” Berthoud man who was pulled over because he was weaving in and out of traffic in Longmont. He had no business driving in the first place, but instead of receiving a DUI, which is serious enough, he now faces multiple felony charges as well. Looking at this traffic stop may be helpful if you are ever pulled over by police officers in cities like Milliken, Erie, or Keenesburg.
When police initially pulled him over and asked for his driver’s license, he responded with “I am not going to give it to you if you ask me like that.” Police can interpret a statement like that however that wish. If you refuse to provide your ID, you may be facing charges of Weld County Obstruction (CRS 18-8-104) or, in this case Resisting Arrest (CRS 18-8-103). Don’t talk back to officers, because anything you say can and will be used against you.
The police grew more suspicious during the traffic stop. They noticed the “smell of alcohol” coming from this man and thought they detected that his eyes were glassy and blood shot. In this case they were correct, but often times Greeley police will say they smelled alcohol, whether they did or not, to justify pulling someone over.
Police then asked the man to turn off his car. He initially refused and cursed at the officer. When they asked a second time, he threw his keys at the officer and hit him in the groin. Apparently his keys were quite heavy and weighed as much as a baseball.
It did not take long for police to arrest him and take him to the Weld County Jail where he is facing charges of suspicion of Driving Under the Influence, Unsafe Lane Changing, Resisting Arrest, and Second Degree Assault on a Police Officer (CRS 18-3-203), which carries a mandatory prison sentence.
You can avoid a DUI or DWAI by refusing to drive after drinking. Select a designated driver before hand or use public transportation. If police do pull you over, don’t try to make excuses or talk your way out of anything. Any resistance from you could turn into a criminal charge. Just be smart, exercise your right to remain silent, and contact the experienced criminal defense DUI and DWAI attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.