Police Intimidation by following
I was followed by a police officer for over 5 miles (at 30 mph)directly behind me,and following too closely, thus intimidating me by making me very nervous, and I was ultimatley pulled over for an illegal turn (although the officer claimed I had already made an infraction at about mile 3). Is there any case law in Colorado that determined that intimidation of this nature is cause for a dismissal?
1 Answer from Attorneys
Re: Police Intimidation by following
There is no statute that specifically says that, but it is a very good fact.
I like the following too closely - that is intimidating. And would make a person nervous. We call it black and white fever.
5 miles is pretty far. Any cop would have to say that you did not drive poorly. If he tries to say your driving was unsafe as evidence of DUI, then he should have stopped you sooner. His first job is to protect the community.
The improper turn issue probably allows him to pull you over. Then the questions turn to the evidence of DUI, such as chemical test of blood or breath, voluntary roadside maneuvers, police observations.
These cases can be won at DMV and trial. Contact me for representation if you like. This is primarily what I do.
BTW - if you took a breath test (at the police station and result was over .08) or refused any tests, then you have 7 days to request a DMV hearing. Please go to your local DMV and tell them you were arrested for DUI and that you want a DMV hearing. DO NOT request the presence of the officer. If we want him/her there, we will subpoena later. Requesting a DMV hearing allows you to drive until the date of the hearing, usually about 40 days. If you win the DMV hearing, you do not lose your license. If you do not request a DMV hearing, then you lose the right to contest the issue and your license for 3 months or more.
If you took a blood test, then DMV will mail a notice of revocation once they recieve information that the test result was over .08. They will mail to the address they have on file. Make sure that they have your correct address. Past experience says this will get to your mailbox in about 30 days. You have 7 days to request a hearing after that.