Legal Question in DUI Law in Colorado

Uncertain of law regarding stop

i was recently arrested for a dui. On that morning I drove approx. one block and voluntarily parked the vehicle in recognition that i had consumed alcohol and that it was poor judgement to drive. The officer that made the arrests passed me once I had parked, entered and circled a parking lot, and came back around to park paralell with the vehicle, only facing the opposite direction, trapping me between the vehicle I was drivin and his vehicle. I am outside of the vehicle and at this point the officer inquires if anything is wrong, and I respond no. he then tells me that he noticed I had stalled back at the stop sign just moments before, which I did because it was my sister's car and I was not used to drivin it, and thought i might have car trouble. I tell him no and explain that it's my sister's car and I don't normally drive it. he then remarks that he detects the presence of alcohol and things go south from there. Later after my arrest I ask the officer his reason for stoppin me and he responds that it was a ''walk up''. i guess my question is have any laws or protocols been broken here? is stalling a vehicle reasonable suspicion of crime or crime itself? was his manner in approaching me legit. Please respond ASAP? TY EJ


Asked on 1/03/05, 1:11 am

1 Answer from Attorneys

Jim Forslund Law Office of James C. Forslund

Re: Uncertain of law regarding stop

His blocking you in may have been a seizure in violation of the 4th amendment.

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Answered on 1/03/05, 7:53 am


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