DUI and DWI Legal Questions

If you “signed something with a court date” it means you have been charged and have a court date. If they did not give you a copy of what you signed that is unusual.  I suggest calling the court clerk of the county where you were arrested and asking when your court date is.  Or better yet, hire a lawyer to locate your case, and properly advise you on what to do and how to handle the case. You do NOT want to miss the court date - or a warrant will be issued for your arrest. Take this seriously and talk to a lawyer face to face.... Read More

Two things that are important to note: 1.  What you feel you entitled to and what the court could award you are two very very different things.  2.  There is literally no way to answer whether or not you have a cause of action for false arrest with the facts above.   Just because you won your case does not mean you have a civil rights claim for false arrest.  I am not trying to say you don't either.  There are attorneys who specialize in this kind of work.  You need to contact one of them quickly because there are time limits on filings these types of cases. ... Read More

Entrapment is the officer inducing you to do something that you otherwise wouldn't without being so induced.  There is nothing about this case that is entrapment.  Could they have stopped you earlier?  Maybe.  Most likely they had a question so they continued to observe you.  When they felt that they had sufficient probable cause they stopped you.  Whether a court will agree they had sufficient probable cause is another matter entirely.  That question is best answered by an attorney who has access to discovery and knows all the local players.  Talk to a local DUI attorney and let them walk you through the potential outcomes and the best way to fight your case.  ... Read More

A DUI that is a fourth or more offense is a class 4 felony in Colorado. A class 4 felony carries a potential sentence to prison of up to 6 years in prison followed by three years of parole.  The actual sentence he will get depends on MANY factors like the county the case is in, the judge, the DA, the facts of his case, etc.  BUT often people get probation with some county jail time, sometimes a felony conviction can be avoided.  But he certainly needs a lawyer to help him with the case.    ... Read More

The "statute of limitations" is the time the prosecutor has to file charges - so it sounds like charges were filed, you plead guilty to something and didn't do everything you were supposed to. So it is not a 'statute of limitations' problem. There are two issues in Colorado - one whether there is a warrant outstanding for your arrest for not complying with the sentence (it may have been removed due to age of the case) and (2) if Colorado has put a 'hold' on your drivers license for failing to fully resolve the DUI case.  If Colorado has put a hold on your license, the only way to have it released, so you could get a valid license in another state, would be to check with the Colorado DMV and see what they need you to do in order to release the hold. It could invovle just paying money, or it could require that you prove completion of an alcohol program, maybe have an Interlock device for two years, etc. You can contact Colorado DMV or check your CO DMV driving record online if you like, or hire a lawyer to do that and advise you of what you need to do. I'd be happy to help if you like. ... Read More

If you fully comply with the conditions of your probation then you won't be refered back to court and so there would be no chance of you going to jail.  I am a little unclear on why you had that questions since you did not imply that anyone was threatening you with jail, but hopefully that answers the question.... Read More

I beleive the best approach is to contact whatever agency you report your community service work hours to (probably Community Justice Services or your probation officer), ask for additional time to complete the community service BEFORE the time runs out, and have a plan on when the remaining 30 minutes will be done. This MIGHT avoid you being referred back to the Judge.  However, even if you are referred back to the judge - do the remaining 30 minutes BEFORE the court date and have proof of that - the judge will likely accept it.... Read More

The short answer is yes, they can and will use them against you.  That being said if they arw more than 10 years old they dont figure into the mandatory minimum.  So its entirely possible this is a first offense for sentencing purposes.  But, the priors are added to your prior record score.  Additionally, the DA will make the judge aware of your priprs at sentencing.  ... Read More

If you move to Texas PRIOR to your sentencing date, Colorado law allows the judge to impose a sentence that is just a fine and community service work.  It depends on the county whether they follow this procedure or not, however. Or if you move to Texas after the sentencing, probation can be transfered there under the interstate Compact (a rather complicated process that can take several months to complete).  You will have to get an alcoho0l evaluation in Texas and do whatever is recommended there - if you have not completed your alcohol program before moving - you will be starting all over again. So, the short answeer is you can move, but it is complicated. A lawyer could really help you with this.  ... Read More

 Unfortunately it is not illegal for officers to mute or turn off their body cams while consulting with other officers- in fact many departments have a policy that allows or even requires it. But juries seem to dislike it when officers do this spit can help your side of the case if the case goes to trial.... Read More

Is what site a scam?  LAwyers.com has many lawyers available on it that answer questions.  If you hired an attorney and you are concerned about their status you should look to the Supreme Courts website for the disciplinary board.  It has a registry of all the attorneys in the state and the status of their license.  ... Read More

The fact your last name is now different, it will not have any impact on the case. It makes sense to consult a lawyer to get an idea of what your options are, and how the case is likely to go.  If your license was taken from you, and you were given a "Notice of Revocation", you need to request a DMV hearing on the revocation of your license within 7 days of getting this notice.  ... Read More

It really depends on the whether this is a first offense, what county you are in, the judge you are in front of,  how many violations (otehr than missed UAs) there have been, whether you want to try to successfully complete probation or just get the case over with etc.  Without at least knowing whether it is a first offense or not, there is no way to answer this question.  ... Read More