Criminal Defense Lawyers
Criminal Defense Lawyers Home Criminal Defense Lawyers Lawyers Criminal Defense Lawyers Membership Criminal Defense Lawyers Contact

Anderson & Carnahan
Counties served:
 
Anderson & Carnahan
Stephen Anderson

2 North Cascade Avenue #730
Colorado Springs CO 80903
(719) 473-9099

 Send Email
  Visit Website


Anderson & Carnahan

Please Call : Anderson & Carnahan


Colorado Springs DUI & Defense Attorney

When you've been arrested for a DUI in Colorado Springs (El Paso and Teller counties or on a local military installation) and you believe you were wrongly arrested, you need a lawyer who knows and can protect your rights...guarantee that you will be treated fairly...and who knows how to get you the results you need. You’re in luck! You have just found that lawyer.

 

I will fight to save your license and freedom!


 

I understand that you're probably feeling several emotions that include confused, angry, and fearful about what's happened and what will happen. The process of being arrested, taken to jail, fingerprinted, and photographed probably seemed very dehumanizing to you. I sincerely understand how you feel and hope I can help.

I feel honesty is the best policy and to be honest with you—you have been charged with an offense that has serious outcomes. I in no want to frighten you, but it is important that you are fully aware of what is in store for you. Some things to be conscious of if your case turns out negatively are you could lose your license, your insurance could be raised, you might have to pay a fine, applying for a job could be difficult, and you could even have to serve jail time. If you are in the military, your career and life of service could be revoked. Talk to us before you make any moves to handle your case.

I'll Help You Keep Your License and Your Freedom!

You are probably very concerned about what might happen to you. I hope that you know that there is a strong chance that I can help you and that I want to help you. It is possible to file twenty different challenges to the charges that you are facing. I am well versed, experienced, and guarantee to do what I can to raise any applicable challenges for you so your case is as strong as it can be.

It could be very easy for me to simply fill out the forms and talk to the District Attorney, however in many cases your best chance is to fight. These are the cases I enjoy focusing on and want to work hard on.

My goal is to get your charges removed, keep your record free from spots, and finally prevent you from losing your freedoms, including your driver’s license. These goals are based on the fact that you and I believe you were wrongly accused and arrested.

Your being treated kindly and fairly is my biggest concern and I guarantee no matter what I will make sure you are treated as humanely as possible.

The District Attorney prosecutes these types of cases all day. They will know and be willing to use any of the fine legal points available that could possibly hurt your argument. You may be wondering how I know this; I am a former El Paso and Teller county Deputy District Attorney.

The law states that the District Attorney only needs to prove that you were drinking, after you were so incapacitated you could not have driven because you were either unsafe or your blood alcohol level was above the legal limit. Although this seems relatively simple, it really is not.

If challenged, the DA Must also be able to prove that the officer who arrested you, correctly stopped your car, tested you correctly including equipment, arrested you correctly, advised of your rights correctly, and even that the person operating the equipment was certified to operate it. If for any reason he obtains information that proves your innocence, an attorney can force you to provide him that information.
 

Please Call : Anderson & Carnahan

Helpful Attorney Tips

Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU

 

What effect will this arrest have on my license and when will I be able to drive:
  • If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for 90 days to a year.  If you are convicted in court, you may be faced with a suspension, but you may apply for a probationary ('red') license.  You can drive when you have a valid license given to you by the Division of Motor Vehicles.

What you must do at the Motor Vehicle Division immediately to preserve your right to Drive:
  • You must go to the Department of Revenue within seven days of your license revocation and request a hearing.

How to save your license if you're found guilty in court?
  • Request a probationary license if you are suspended for excessive points.

Questions your attorney must ask you:
 

• What your itinerary was prior to arrest.  

• Your consumption of alcoholic beverages.  

• Your observations of the officer.  

 

• The officer's stated reasons for stopping you.  

• Whether the officer asked or ordered you to take roadside tests.  

 

• Your performance on the roadside tests.  

• Statements you made to the officer.  

• What the results were of any breath or blood tests.  

• Whether there were witnesses to your arrest.

• Whether you were observed for 20 minutes prior to a breath test. 

• Was the chemical test conducted within two hours of driving?  

• Was only one test conducted?


A few things the District Attorney does not want you to know:
  • He/She does not have all the witnesses available to prove his case under subpoena.  • He/She has exculpatory evidence which would prove your innocence.  • You have a right to a jury trial within six months of pleading not guilty.  • He/She has evidentiary problems in proving your blood alcohol level.  • He/She has never tried a contested alcohol related matter.

Some of the facts that must be proved before you can be found guilty:
  • Your identity as a driver of a motor vehicle in the State of Colorado, while your blood or breath alcohol level was over one of the prescribed limits or you were substantially incapable of driving (driving under the influence) or you werer affected to the slightest degree in your driving ability (driving while ability impaired).

What are the 4  items crucial to your defense:
 

• 1) A good investigation of the facts: > Retesting the second sample. > Obtaining dispatch tapes and logs. 

• 2) Vigorous cross-examination.  ]

• 3) A sound understanding of constitutional principles. 

• 4) An experienced attorney.


What is the one thing your attorney must do to raise objections based on the Summons and Complaint:
  • Appear in person for your arraignment.

Why a jury trial is advisable:
  • A jury must unaminously decide if the prosecution proved you guilty of each charge.  • A jury may question the motives of the officer.

What is necessary to get a jury trial?
  • You automatically have a right to a jury trial.

How the arresting officer's testimony can be impeached:
  • Inconsistant statements.     • Failure to recollect.

Some requirements which must be followed for chemical and roadside tests to be valid:
 

• The officer must have had a reasonable suspicion that you were violating the law.

• The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.

• The officer must tell you that you have a right to refuse a portable breathalizer test.  

• The officer must have probable cause before he arrests you and before he requires you to take a chemical test.  

• The officer must give you your Miranda rights after you are arrested, if he is going to interogate you.


What are the main key pieces of information that must be learned in deciding to go to trial:
  • An estimation of the weaknesses and strengths of the State's case against you.   • The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it:
  • It's a cost benefit analysis.   • How much money do you have to defend your case?

 

Please Call : Anderson & Carnahan

Contact Us!

Contact Us!

2 N Cascade Ave # 730
Colorado Springs, CO 80903-5651
(719) 473-9099?

Schedule an Appointment

When you've been arrested for a DUI in Colorado Springs (El Paso and Teller counties or on a local military installation) and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results. You've just found that lawyer.

 

Give us a call today at 719-473-9099 or fill out the contact form. Thank you for considering Anderson & Carnahan Attorney's at Law.

 

We Specialize in...

 

:: Felonies
:: Misdemeanors
:: Drunk Driving
:: D.UI's
:: D.W.A.I's
:: Major Traffic Offense
:: Military Law
:: Driver License Revocation
:: Domestic Violence
:: Juvenile Offenses
:: Drug Crimes
:: Parole Violations
:: Fugitive Warrant
:: Reckless Endangerment
:: Robbery

Helpful Attorney Tips

Helpful Attorney Tips

Things YOU Need to Know about Your DUI Case that NO ONE is Telling YOU

 

What effect will this arrest have on my license and when will I be able to drive:
  • If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for 90 days to a year.  If you are convicted in court, you may be faced with a suspension, but you may apply for a probationary ('red') license.  You can drive when you have a valid license given to you by the Division of Motor Vehicles.

What you must do at the Motor Vehicle Division immediately to preserve your right to Drive:
  • You must go to the Department of Revenue within seven days of your license revocation and request a hearing.

How to save your license if you're found guilty in court?
  • Request a probationary license if you are suspended for excessive points.

Questions your attorney must ask you:
 

• What your itinerary was prior to arrest.  

• Your consumption of alcoholic beverages.  

• Your observations of the officer.  

 

• The officer's stated reasons for stopping you.  

• Whether the officer asked or ordered you to take roadside tests.  

 

• Your performance on the roadside tests.  

• Statements you made to the officer.  

• What the results were of any breath or blood tests.  

• Whether there were witnesses to your arrest.

• Whether you were observed for 20 minutes prior to a breath test. 

• Was the chemical test conducted within two hours of driving?  

• Was only one test conducted?


A few things the District Attorney does not want you to know:
  • He/She does not have all the witnesses available to prove his case under subpoena.  • He/She has exculpatory evidence which would prove your innocence.  • You have a right to a jury trial within six months of pleading not guilty.  • He/She has evidentiary problems in proving your blood alcohol level.  • He/She has never tried a contested alcohol related matter.

Some of the facts that must be proved before you can be found guilty:
  • Your identity as a driver of a motor vehicle in the State of Colorado, while your blood or breath alcohol level was over one of the prescribed limits or you were substantially incapable of driving (driving under the influence) or you werer affected to the slightest degree in your driving ability (driving while ability impaired).

What are the 4  items crucial to your defense:
 

• 1) A good investigation of the facts: > Retesting the second sample. > Obtaining dispatch tapes and logs. 

• 2) Vigorous cross-examination.  ]

• 3) A sound understanding of constitutional principles. 

• 4) An experienced attorney.


What is the one thing your attorney must do to raise objections based on the Summons and Complaint:
  • Appear in person for your arraignment.

Why a jury trial is advisable:
  • A jury must unaminously decide if the prosecution proved you guilty of each charge.  • A jury may question the motives of the officer.

What is necessary to get a jury trial?
  • You automatically have a right to a jury trial.

How the arresting officer's testimony can be impeached:
  • Inconsistant statements.     • Failure to recollect.

Some requirements which must be followed for chemical and roadside tests to be valid:
 

• The officer must have had a reasonable suspicion that you were violating the law.

• The officer must have either had probable cause to arrest you or obtain your consent for roadside tests.

• The officer must tell you that you have a right to refuse a portable breathalizer test.  

• The officer must have probable cause before he arrests you and before he requires you to take a chemical test.  

• The officer must give you your Miranda rights after you are arrested, if he is going to interogate you.


What are the main key pieces of information that must be learned in deciding to go to trial:
  • An estimation of the weaknesses and strengths of the State's case against you.   • The effect of a conviction.

How to determine if you can plea bargain, and at what step you should do it:
  • It's a cost benefit analysis.   • How much money do you have to defend your case?



Colorado Springs CO Criminal Defense Attorney

Cities served:
Select a city
 
 RSS Feeds  |  Articles  |  Jobs  |  Leads  |  Criminal Defense Law Blog
SiteMap  | MembersFAQ | Member Directory  | Success Stories  | Press Releases
Copyright © 2008. “FDPInc.net”. All rights reserved.

...