John Kenneth Joyner's answer Tell your friend they need to speak with the public defender's office immediately. If they cannot help, they can at least point him in the right direction for lower-priced attorneys.
Mr. H. Michael Steinberg's answer The police use a blood test - under Colorado law - the result is in nanograms - 5 nanograms is the bottom number before you can be prosecuted for DUID Driving under the influence of drugs. Here is a link that will help . https://www.denverpost.com/2017/08/25/marijuana-impairment-testing/
Mr. H. Michael Steinberg's answer Unfortunately it is not only legal it is very commonly the case. You cannot drink alcohol anywhere. When you accept probation - you accept the conditions of probation. In a DUI case it is within the Judge's discretion to order everything in your post. I wish it were different. Good Luck.
Mr. H. Michael Steinberg's answer The DUI and the MIP will be prosecuted in misemdeanor court not juvenile court. Depending on the amount of alcohol alleged to have been in your system the case may be prosecuted under the lower standard for juveniles known familiarly as a “baby DUI” - but that is the exception. Most likely you will be treated like any other driver in Colorado.
John Kenneth Joyner's answer If the DMV makes an administrative finding that you were driving under the influence, you will lose your license immediately. This typically happens when you take a chemical test or refuse testing. Revocation for breath tests above .08 and refusals happens immediately, at which point you are issued an advisement telling you your license was revoked and that you have 7 days from the revocation to request a DMV hearing.
If you take a blood test, the DMV will get the results of the...
John Kenneth Joyner's answer Nothing. You will still have a warrant for your arrest regardless of who issued it. If you want to get rid your warrant, you should hire an attorney to file a motion to quash for you. If not, you can always turn yourself in, bond out, and get a new court date.
Dale A. Hayes Jr.'s answer Yes, for most misdemeanor charges the statute of limitation is one year. However, if your charge is a potential felony DUI, the State would have three years to file (in Nevada).
William Head's answer You need a new lawyer, but this one will be looking at your case to see if your previous lawyer was ineffective, in not securing the dismissal for lack of a speedy trial.
Look at Super Lawyers and try to find an attorney who is an expert in attorney malpractice. It may be that the Judge's actions were wrong, but if the first attorney did not address that, then you don't need to be quessing at your legal rights, from this point forward.
Tristan Kenyon Schultz's answer A lawyer will need to review all the specifics to make a determination. As a general rule, if the seller and buyer signed bill of sale AND the seller proceeded to remove the car from the seller's name (e.g. cancelling insurance, removing license plates, etc.) the liability should not pass to the seller. If only a partial severing occurred, the issue gets very messy. You should seriously consider contacting a lawyer to at least review your situation and provide guidance.
When facing a DUI, your license may be revoked based on either (1) the Express Consent Hearing or (2) Conviction of DUI. The express consent hearing is separately conducted through the DMV. The issue is whether there was probable cause to request a chemical test and whether that test was administered within 2 hours of the last known time of driving. Often times a person will win the Express Consent hearing only to then be convicted of DUI in the criminal case. If...
Tristan Kenyon Schultz's answer DUIs are criminal in all 50 states (each state has its own minimum BAC level to determine a DUI). DWAIs are criminal in Colorado, but some states do have a non-criminal traffic offenses for very low BAC levels (but these non-criminal states also tend to charge reckless driving in place of a DWAI-like offense).
Tristan Kenyon Schultz's answer No, a difference in name will not allow you to seal a conviction. Many convictions in Colorado can be sealed, but the requirements always related to a certain number of years of conviction-free conduct (the number or years required to pass varies by the severity of the crime). If these are traffic offenses, they cannot be sealed in Colorado.
Tristan Kenyon Schultz's answer If he took at BAC and failed there is a 9 months suspension. If he refuse the BAC the license is suspended for 1 year. He can request a provisional license (aka a "red license"). Be aware provisional licenses are not granted easily. Finally, when the DMV sends a notice of revocation your son can appeal the determination (again, appeals are infrequently won). For all the details and a review of the best course of action your son/you will need to contact (and likely hire) a DUI/criminal defense...
Tristan Kenyon Schultz's answer The time of the arrest may be an issue, but the timing of the arrest usually does not impact failed test results. When you get a lawyer (either a PD or hire a private criminal lawyer) you can discuss the potential inadmissibility of the urine/blood tests.
Brian K. McHugh's answer If you are stopped it is very likely that the warrant will be found. The information about the warrant should note whether extradition from another state is sought. If so you will be held for extradition to Colorado. It is unusual, but not unheard, for a state to extradite a person for a misdemeanor, although on a DUI the chance are increased somewhat. For purposes of extradition the reason’s you failed to successfully complete all the terms and conditions of probation is irrelevant....
Tristan Kenyon Schultz's answer The charges that you are facing now are more severe because you fled; if you flee again the charges will continue to get exponentially worse. If you flee the state, a FTA (failure to appear) bench warrant will be issued. This will be reported on the national FBI list. Beyond the inability to find employment, get insurance, get a driver's license or participate in any official state or federal actions, the amount of time you spend in jail will also likely increase.
Tristan Kenyon Schultz's answer This is between you and your attorney. If you want to explore other options you will need to contact a private criminal attorney (and likely pay for their advice and/or representation).
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