On Monday, August 26th Brad Allin won his fifth DUI/DUID Trial in a row. In Larimer County Court, 4D. A trucker pulls into Port of Entry station, an officer signals him in to review his paperwork. He goes into the POE and the officer smells the odor of alcoholic beverage and places him “out of service.” The POE officer also calls for a State Trooper to investigate the possible DUI. The trucker is despondent and knows that he has just lost his job, so when the investigating Trooper arrives, he refuses to do roadsides sobriety maneuvers (always a good choice). The investigating Trooper, however, notes several signs of intoxication and arrests the trucker, the trucker refuses all blood and breath testing. This case was critically important to my client given his occupation. Either a DUI or a DWAI would have permanently ended his 29-year driving career. I was able to convince the jury there was a reasonable doubt about his guilt because the two officers observations regarding impairment differed substantially and it was reasonable, understandable, and human for him to have refused all testing giving his despondent condition. The jury verdict came back quickly, in about 10 minutes.
on September 20, 2016