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Bappelman, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 313
Experience:  Former Public Defender, Founder and Criminal Defense Attorney at Appelman Criminal Defense LLC.
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my dui trial in colorado was just postponed for a month due

Resolved Question:

my dui trial in colorado was just postponed for a month due to what they said was "the evidence was lost". does this mean that my case will get dropped?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Bappelman replied 8 years ago.

It is possible that your case may be dropped, but that will depend on what type of evidence has been "lost."

If you took a breath test, the police may have lost the "ticket" that the machine puts out with your alcohol level printed on it. If you gave a blood test, that may have been lost.

Unfortunately in many DUI cases that prosecutor will still go forward with the case, and will rely on the testimony of the arresting officer, even if the physical evidence has been misplaced.

This means that the police officer who arrested you will testify o what he saw and observed: that you smelled like alcohol, that you wobbled when you tried to walk, that your eyes were red and bloodshot...

All of that evidence, even without any direct physical evidence could still add up to a conviction for you in a DUI trial.

Make sure that you hire an experienced DUI defense attorney to represent you. I have done trials like this myself, and there are ways to make the cop look bad on the stand if he does not have the physical evidence to show to the judge or jury.

So, in the end, your case might be dropped. But it is much more likely that the prosecutor will go forward with the case, and simply will rely on the testimony of the arresting officer.

I wish you the best of luck in your case!
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