Was at a stop light and the car behind me was rear-ended causing them to hit me. The driver who caused the accident got a dui, had no insurance and the owner of the vehicle's insurance had some ammendment excluding her from liability because he wasn't supposed to drive the vehicle. A... Read more »
answered on Feb 21, 2023
A Colorado attorney could advise best, but your question remains open for three weeks. One option is to check with your insurance carrier to review the scope of your policy's underinsured/uninsured motorist coverage. Good luck
answered on Nov 9, 2022
There is no mandatory minimum for a class 5 felony eluding charge, but there is a mandatory minimum for a DUI with prior offenses. If you have two or more prior DUI convictions, you will do a minimum of 60 days in the county jail; though many jurisdictions within Colorado require significantly more... Read more »
Daughter was recently pulled over by an unmarked state trooper for what the trooper thought was ignoring a stop sign when in fact there is a incoming traffic does not stop sign is posted where he thought she almost came too close to another car when she legally had the right of way. He had no... Read more »
answered on Nov 8, 2022
Having a knowledgable criminal defense attorney is always helpful, because "you don't know what you don't know". From what you have shared, it seems like there are some good defenses that could be used to help your child avoid a conviction for DUI.
I got a DWAI in January 2021 and was eligible to get my license back in January 2022 but was unaware of that. I got pulled over in January 2022 and got a driving under suspension. I am getting my license back before court. I know there is a mandatory 30 days jail sentence but I'm wondering if... Read more »
answered on Jun 15, 2022
They aren't required to drop the DUR, but it is highly likely the DA will offer a plea agreement that does not include mandatory jail.
The police report we were given has his name, phone number, address, and the information for the owner of the car (his mom.) It seems like the only way to ask him for his insurance is to call, send a letter, or go to his house. I wasn't sure if any of those options are ok to do.
answered on Mar 29, 2022
Especially if you are injured, but in general, accident/injury lawyers will provide you a free initial consultation and I recommend that you contact a few and take us up on it. You will obtain a better understanding of the process and perhaps get a better idea on how to proceed ----and perhaps... Read more »
My contract says that I need to report felony’s and misdemeanors (not including misdemeanors traffic offenses)
answered on Sep 18, 2021
A DUI is considered an “unclassified misdemeanor” in Colorado. DUI offenses in Colorado are not traffic misdemeanor one or two offenses. You should hire an attorney to review your contract closely, and provide a thorough answer. Let’s go
I also did all types of roadside tests . Cops kept saying they smelled alcohol . I was 100% not under influence . The Dwai charge was dismissed . But the revocation of license still says alcohol related .
answered on Mar 12, 2021
Anyone whose license is revoked as a result of a DUI investigation may petition to contest their revocation. However, in order to do so, you typically have to request a hearing in writing within 7 days of the revocation (i.e., within a week of your arrest) - unless you can otherwise show good... Read more »
I purchased a Lower Receiver for an AR - 15 the other evening online for a future project.
Then a friend of mine reminded me that it is Illegal to have a firearm while on Probation here in Colorado.
So my question is: ( since it is not actually a working Firearm)
Can i... Read more »
answered on Mar 8, 2021
This is an interesting question.
(1) It is not necessarily illegal to possess a weapon when on probation, especially when the probation is for a nonviolent misdemeanor. However, if there were any specific agreements for your specific probation that prohibit firearm possession, then that is... Read more »
I was convicted of vehicle homicide/DUI in 2008. My friend died and his family sued me for $20 million. My wages are garnished at 25% after taxes.
answered on Jan 19, 2021
You need to talk to a competent attorney about asset protection and exemption rights in whatever State you are going to live in. The exact Deed Grantee will be critical, and you need that lawyer to tell you what to do. Sometimes trusts are useful, but probably not here. The lawyer's... Read more »
I tied to qualify for public defender however, my pay would not allow it. I had my first appearance on the 29th. All the judge did was ask if I had an attorney, and since I did not he rescheduled my date to March. Why did it get rescheduled? Is he implying that I should get a lawyer?
answered on Jan 4, 2021
You absolutely need a lawyer. DUIs, let alone those involving injury/accident, are very complicated. Call an attorney like myself for a free consultation at least.
As for your court dates, yes the Court is implying you need lawyer. Typically, if you don't have a lawyer when in Court... Read more »
My neighbor convinced me to let him have 4.5 mg of my prescribed Xanax, claiming he had seizures and lost his prescription bottle with his Klonopin that he needed for seizures. He recieved 2 DUIs that day and had the medication I gave him, but said he refused to tell the police where he got it.... Read more »
answered on Dec 8, 2020
I think it be extremely difficult to hold you criminally liable for giving him the pill, given that you had no intent to commit any law violation and were merely assisting a friend with pain management based on their personal representations to you. That said, you certainly could be civilly liable... Read more »
I believe the warrant is for not completing probation for a DUI.
answered on Nov 17, 2020
This is an interesting question. If you have an active warrant for your arrest, it is very likely that the DMV, which has access to various government records, will see your warrant and contact the police to arrest you - especially if your criminal bench warrant is related to a traffic offense... Read more »
answered on May 6, 2020
DUI stands for Driving Under the Influence. A crucial element of the offense is that you were "driving" a motor vehicle at the time of the offense. Driving can be found even if the vehicle wasn't moving at the the time the police officer makes contact with you. For example, if you... Read more »
Will I serve all 58 days? If so, how many is likely??
answered on Jan 20, 2020
If you have any pre-sentence confinement credit, that will reduce your sentence (unless that credit has already been applied). The sheriff can also award you reductions based on policies and programs established by the sheriff for county jail inmates.
Can evidence be suppressed when cops find lrg capcty mag in a closed box doing invntry 2 tow?Following an at fault accident I wanted to go over to check the people in the car I hit, I was getting out of my truck but this guy is blocking my door "stay put budy, stay put". He wouldn't... Read more »
answered on Jan 6, 2020
They need a valid arrest to search the car. Once they arrest you, they can inventory the car to make sure they document everything in there to keep it safe. This is going to be a very fact intensive suppression issue.
after sentencing (public defender) lack of representation
answered on Nov 26, 2019
It is possible to withdraw your plea but it is difficult and requires the filing of a motion and a hearing.
There are different legal standards if the motion precedes or follows sentencing.
They are complex standards and do not lend well to this kind of question answer format.... Read more »
answered on Oct 12, 2019
In my opinion yes. The traffic offense is called “defective vehicle” and it can be the basis for a traffic stop as a rear light cannot be broken.
Owi is operating while intoxicated. Dui is driving while intoxicated. Also if I got sentenced to a Dwai meaning driving while ability impaired is that the same thing
answered on Jun 6, 2019
Based on what you wlhave written here, you are likely facing a 2nd DUI or DWAI in Colorado. You should contact a private attorney or public defender to help you.
Grandson arrested. Refused all tests. Police noted that he refused breath and blood test. He was taken to jail and the jail called the ambulance to take to hospital for test he had already refused. He refused again at hospital and cop drove him back to jail. Got bill for ambulance ride. Did not pay... Read more »
answered on Apr 27, 2019
In a word. - yes. If your son required medical attention (that would be the issue) he could be liable for the bill. It would depend on the facts of the case. H
22 yr old male. 6'2''. First offense. Breath tested three times at which BAC did not climb over 0.06
answered on Apr 8, 2019
If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.
However, you should... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.