QUESTION
I just received a motion to revoke my deferred sentence and give me jail time in my DWAI case. Should I be worried?
Asked on Jan 10th, 2021 on DUI/DWI - Colorado
More details to this question:
I got a DWAI after I got pulled over with a BAC of 0.067 a couple years ago. I signed a plea bargain that included multiple requirements which I met. Except the proof of completion for one of the requirements was never turned in and I received a motion to revoke my deferred sentence and give me jail time. I was told by staff at the facility I attended alcohol therapy at that they would send in the proof of completion, however, they did also advise me that I should turn in my own copies as well. Which I neglected to do. I completed everything, stayed sober, I have the proof of completion on me and this is my first offense. Should I be worried about receiving jail time?
1 ANSWER
Criminal Defense Attorney serving Boulder, CO
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If you have completed the alcohol program and the only issue for trying to revoke your deferred sentence is that you did not complete the alcohol program - provide proof to the Court that you completed the program and that should take care of it with no further action needed. If you can, take the proof to the court clerk prior to the hearing and have the clerk 'efile' it into the file and ask that the hearing be vacated. It might be you can avoid having the hearing at all.
Answered on Jan 11th, 2021 at 7:08 AM