Colorado Drunk Driving Accident Lawyer

Getting behind the wheel while intoxicated is a violation of the law. As a result, DUI cases are heard by a criminal judge. If you are charged with a crime, you have the right to represent yourself in court. However, most defendants are represented by either a drunk driving accident lawyer or a public defender assigned by the courts.

Drunk Driving Accident Statistics

Every 52 minutes, there is a fatal drunk driving accident in the United States. It is possible that all of these deaths could have been prevented.

A driver is considered intoxicated if their blood alcohol concentration (BAC) is.08 g/dL or higher. An alcohol-impaired driving death is defined as a person who died in a car accident while under the influence of alcohol. Even someone riding a bike is referred to as a “driver” when operating a motor vehicle. These are the estimated numbers for impaired driving in the year 2019.

The number of people killed in car accidents (36,000) and those killed in crashes involving drunk drivers (10,142) was higher in 2011 than in 2010. In 2019, the number of people killed in car accidents caused by drunk driving fell from 29 percent to 28 percent.

Drunk drivers were nearly unchanged from 2010 even though the number of people killed in car accidents rose by more than 50,930 this year. In 2019, the percentage of people who drive while impaired by alcohol dropped to 19%.

In 2019, a total of 21 485 (42 percent) of the 50 930 people killed in car accidents had verifiable blood alcohol content (BAC) tests. The percentage in 2019 (42%) was lower than in 2010 (55%).

In 2019, 14,693 (65%) of the 22,613 traffic deaths were caused by drivers with BACs of.08% or higher (Table 7). Compared to 2010, this year’s percentage (65%) is lower (78%).

In 2019, 6,792 of the 28,317 surviving drivers had known BAC test results (24 percent) in fatal collisions. This year’s percentage (24) is significantly higher than in 2010 (19%).

Traffic volume has decreased by 11% across the state and by 50% in some parts of Colorado. On the whole, the number of people killed on California’s roads rose in 2020 due to more people being arrested for drunk driving and speeding. When there is less traffic, there are more open roads, which encourages reckless driving.

Drinking and driving have claimed the lives of an additional 32 people, or 18% more people in Colorado than in 2019; the state’s death toll was 208 in 2020.

How a Drunk Driving Attorney Can Help Your Case

An experienced DUI defense attorney is essential, whether this is your first or tenth time being accused of driving under the influence. A drunk driving attorney can also

  • Determine if your constitutional rights have been upheld. There are rules and regulations that police must follow before stopping and arresting you. If you’ve been pulled over and suspected of driving under the influence, a lawyer will investigate to make sure no one violated your rights during the stop. If an attorney believes you were unlawfully detained, they may challenge the charges against you and any evidence gathered during or after the incident. Aside from that, a lawyer will check to see if you were detained legally and apprised of your Miranda rights when you were taken into police custody. If the police did not follow proper procedure when arresting you, they would challenge your arrest and any evidence gathered.
  • Speculate on the outcome of a legal proceeding. It is possible to know what to expect from your case if you work with an experienced DUI defense lawyer. Prosecutors may have a strong case against you, and your lawyer may tell you that a conviction is almost inevitable if you go to trial. According to the prosecutor, if the evidence against you is weak, you may have a strong defense.
  • It’s impossible to devise a one-size-fits-all strategy for defending a first or second DUI arrest. What works for one person may not work for another. A lawyer is essential in situations like this. To ensure that your case is handled effectively by the judge assigned, you should hire an experienced DUI defense attorney.

Determining Who Was at Fault

One of the most critical factors to consider in the aftermath of many vehicle accidents is who was at fault. (That is, assuming you do not live in a state with no-fault insurance.) Fault determines who is financially responsible for any property damage or personal injury resulting from an automobile collision—or whose insurance company is.

To determine legal liability, fault can be classified into three categories:

Duty of care

The first element of establishing blame is establishing that one person owes another a “duty of care.” To a large extent, everyone must take precautions to ensure the safety of people and their property. Thus, when driving, this means that you should exercise reasonable caution at all times. Consider the so-called “duty of care” in greater detail.

Causation

To establish “cause,” the plaintiff must prove that the defendant’s breach directly resulted in their harm.

Breach

When a person fails to behave in the manner that a reasonable person would in similar circumstances, this is referred to as a “breach.” In a vehicle accident lawsuit, the injured party must establish that the other motorist acted recklessly or unreasonably—or failed to act recklessly or unreasonable—in some way.

Establishing that the other motorist was intoxicated is insufficient to win a claim. However, showing the defendant’s inebriation in many cases will suffice to establish the first two elements of fault—duty and breach. This evidence establishes that the defendant did not exercise reasonable caution while driving while intoxicated. Additionally, in jurisdictions with “negligence per se” rules, proving that the defendant violated the state’s DUI statutes satisfies duty and breach.

However, in cases of causation, the driver’s level of intoxication may or may not be a factor. For example, rear-end collisions almost always blame the driver in the rear, regardless of whether the driver in front was intoxicated.

However, in some instances, such as when an inebriated motorist collides with another vehicle while traveling in the wrong direction down a one-way street, the defendant’s impairment may be clearly at fault. The defendant’s intoxication or drug use may be decisive in a case where a jury is split on who was at fault for the accident.

Contact the Law Offices of Pit Martin today

Representing yourself in a DUI trial does not necessarily mean that you should. Typically, trial practice requires a lot of experience to master the learning curve. To be successful in court, you must have a thorough understanding of the law and excellent trial skills. Self-represented defendants who aren’t familiar with the rules of procedural fairness in the courtroom are also frowned upon by judges. Finally, don’t face a DUI trial alone; contact the Law Offices of Pit Martin right away to begin preparing your defense!

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