Colorado REDDI Report and DUI Defense
The first part of any DUI investigation is probable cause. This is the reason for police officers to contact a citizen. Without probable cause, a police officer would have no reason to stop a defendant. If law enforcement lacks probable cause, the police cannot use any information they collect during the investigation.
Under the law, authorities can stop a defendant based on an anonymous tip. This classifies as a REDDI Report.
A DUI defense attorney can review why the police stopped a driver. They can determine if the police had a good reason. You should always speak with a DUI lawyer after an arrest for driving under the influence.
What is Probable Cause under Colorado Law?
Probable cause happens when law enforcement has enough facts. These facts make a reasonable person believe a crime has happened. A probable cause determination is a mixed question of law and fact.
Remembering that probable cause is not proof beyond a reasonable doubt is important. Instead, we can classify it as a reasonable suspicion that a crime has occurred. In traffic cases, a police officer who sees a traffic violation can stop the vehicle.
Typically, traffic stops occur for observed driving. A basis for a stop includes speeding, expired tags, or weaving. However, police will occasionally base their stops off anonymous reports.
What Happens if Police Do Not have Probable Cause?
A concept under the law called fruit of the poisonous tree could impact these types of cases. This concept means that police cannot use evidence they obtain illegally. The practical result is that the court will suppress the evidence.
In a traffic stop, it is crucial that police have probable cause to make a stop. Every citizen of the United States has a right to be free from unreasonable search and seizure. Seizure is a broad definition that applies to detention.
A traffic stop is a detention pursuant to the law. If police lack probable cause to stop, they will suppress any evidence of driving under the influence. The prosecution will be unable to proceed if someone suppresses the evidence.
If the court dismisses the case, an individual can seal their record. Several years ago, lawmakers simplified the law concerning the sealing of dismissed cases.
What is a Colorado REDDI Report?
REDDI is an acronym. It stands for report eradicate and drunk driving immediately. People that drive on Colorado’s interstates have likely seen signs encouraging drivers to utilize these services.
The REDDI hotline in Colorado is (800) 422-9090. Individuals can also report REDDI directly to 911 or police departments.
Communicating in a clear way is important. There should be a report created that shows who made the anonymous tip. REDDI reports can be anonymous.
Can a REDDI Report provide Law Enforcement Probable Cause?
This question was answered in 2014 by the United States Supreme Court. In Navarette v. California, it was held that police are justified in relying on an anonymous call. However, the Court gave guidance on when this action is justified.
An anonymous call must be made by an eyewitness. This means the person that is report must be the one that observed the eradicate driving. A secondhand witness cannot report problematic driving.
The call must also be placed nearly contemporaneous to the event. This condition is typically met by a caller describing something that they are seeing at the time. If a caller waits to call when they get home, it will not be sufficient to meet the requirements of a REDDI Report.
Additionally, the call must be traced. This requirement is crucial. Without it, police could hypothetically stop individuals without probable cause and claim there was a report. The tracking element is crucial in determining whether police received a report or not.
Finally, the caller must give sufficient details for a stop to be made. This includes identification of the vehicle. The caller must be able to describe the vehicle’s color, make, and model. Ideally, a license plate will also be given.
Identification is important. If the police get information about a red truck and stop a white car, they won't have a good reason to stop it.
What is Driving Under the Influence under Colorado Law?
To discuss driving under the influence and unlawful possession of a firearm, you must first comprehend the definition of drunk driving. DUI is the operation of a motor vehicle while under the influence. Alcohol or drug use causes intoxication. The defendant must be substantially incapable of safely operating their motor vehicle.
Operation of a motor vehicle includes driving while ability is impaired. This is the operation of a motor vehicle while a defendant is impaired to the slightest degree.
A DUI is driving with a blood alcohol concentration of .08 or greater. A DWAI is having a blood alcohol concentration above a .05. The BAC will come from a breath tests and blood tests. Authorities typically charge a person who refuses to submit to a test with a DUI.
The only limit imposed by Colorado law revolves around marijuana. The legal limit for active THC is 5 nanograms for a DUI. No lower limit exists for DWAI.
Operation of motor vehicle includes being in actual physical control of a motor vehicle. This is being able to quickly exercise control over the vehicle.
The Court will consider several factors to decide if a person had actual physical control of their vehicle. These factors include:
- This includes the vehicle's location.
- It also includes the person's position in the vehicle.
- Additionally, it notes where the keys are.
- Finally, it indicates if the vehicle is running.
Can the DMV use a REDDI Report?
Every drunk driving criminal case has a secondary matter with the DMV. This is an administrative case, and the focus is on driving privileges and license suspension. The administrative hearing feels like a criminal case, but the rules are vastly different.
The main difference is the burden of proof is a preponderance of the evidence. This means that it is more likely than not that the defendant committed the alleged actions.
The lowered burden means that REDDI report is likely to be admissible. If it is, the DUI arrest will be valid. You can use the chemical test to revoke a person's driver's license.
The rules of evidence are also relaxed at the administrative hearing. Hearsay is an out of court statement offered as proof. Criminal cases exclude them. However, hearsay can be admissible in an administrative hearing if it is deemed reliable.
This means hearing officers will likely not listen to or consider any audio of a 911 call. In some cases, the audio file can be uploaded to the DMV and introduced as evidence.
What are Problems when Facing Colorado DUI REDDI Report Cases?
The biggest issue is the REDDI report may be accurate. A police officer who receives an accurate description of the vehicle will have probable cause. Trainers prepare operators to ask witnesses questions that elicit such information from them.
Additionally, Police will typically observe the vehicle for a period prior to initiating a stop. This observation can lead to secondary reasons for a stop.
As discussed above, the probable cause for a traffic stop is the violation of any traffic law. This can be speeding or failing to signal for a turn. Police will often observe a vehicle for a period of time before making a stop.
An anonymous tip can also be used as a basis for contact after driving. If someone informs the police about problematic driving, they may look at the address associated with the license plate. After finding this information, police will investigate and make contact with a suspect at their house.
A person can face charges for driving under the influence after they return home. In these types of cases, it is also important to look at what the individual says to police. Regular investigation includes questioning suspects about driving.
Consult a Colorado DUI Defense Attorney for a free consultation
A DUI criminal case can seriously impact a defendant. It may seem simple and straight forward, but this kind of case can be complicated. Criminal defense and DUI law is not easy to understand. It is important to speak with an Aurora DUI defense lawyer that understands the complexities of a DUI case.
The law surrounding actual physical control is complex. The Lawrence Law Firm understands the cases surrounding this topic and monitors any change in the law.
Our firm routinely handles DUI case. We are ready, willing, and able to provide you the representation you deserve. We offer free consultations and flexible payment plans.
Our defense lawyer routinely represents clients in Arapahoe, Denver, Adams, Jefferson, and any metro case. Our firm offers appointments afterhours or on the weekends.
We offer flat fees criminal cases. Our fees are affordable, and we offer flexible payment plans. Our goal is to provide competent and aggressive legal representation to everyone regardless of budget.
Request a consultation from our Denver DUI attorneys today. We can help and give legal advice to anyone facing DUI charges in the Denver Area.