Colorado Traffic Ticket Defense - Colorado Springs, Colorado. driving under restraint - DUR, driving under suspension - DUS, Driving Under Revocation, Driving after Revocation Prohibited - DARP, motor vehicle hit and run, speeding tickets, careless driving, reckless driving, compulsory insurance, drunk driving - driving under the Influence of alcohol - DUI, driving while impaired by alcohol - DWAI or driving with excessive alcohol content - DEAC, breath test, blood test, BAC, .08, legal limit, roadside sobriety tests, alcohol absorption & metabolism, deferred sentence, probation. DMV driver license hearings, license suspension, license revocation, license denial, speeding ticket, Colorado Springs Municipal Court, Manitou Springs Municipal Court, Woodland Park Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court, Calhan Municipal Court, Court Calhan Colorado, Simla Municipal Court, Town of Simla Colorado, Court Simla Colorado, Pueblo Municipal Court, Castle Rock Municipal Court, Palmer Lake Municipal Court, Simla Colorado, Calhan Colorado, Denver Municipal Court, Aurora Municipal Court, Brighton Municipal Court, Broomfield Municipal Court, Centennial Municipal Court, Englewood Municipal Court, Federal Heights Municipal Court, Golden Municipal Court, Littleton Municipal Court, Sheridan Municipal Court, Thornton Municipal Court, Wheat Ridge Municipal Court, WheatRidge Municipal Court

        Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.  Consult with your attorney before talking.

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.  Roadside sobriety testing is a search in the constitutional sense which can and should be refused whether intoxicated or stone cold sober.  Law enforcement officers have no obligation to advise you of your right to refuse, but it exists - exercise your rights and politely decline with a simple no.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.