Sold a jeep to my ex. Her boyfriend rolled it a few times with no plates and no insurance. He had no permission to drive the jeep. Since I'm still technically the owner, am I liable for the impound fees and any damages he caused?
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
I was unlawfully detained by fire/ems & threatened to go by amb to the hosp. or they'd call the cops. I was threatened with jail if I didn't sign the ER consent. I was told the same if I didn't step on the scale & do the sobriety tests (in the ER). I finally was allowed to... Read more »
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.
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...Read more »
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...Read more »
My public defenders says it cant be done but I don't see why I can't just add myself to the docket and ask the judge to go on house arrest early. If I wait it will interfere with a new job opportunity.
I took a DWAI (Differed) lost my license for one year because I refused the breath and blood. I have never had a Colorado license or been a official resident, technically I'm still a valid Florida resident and valid currently still in every state besides Colorado. So from what I understood by... Read more »
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.
I am sorry to say there is no method to remove a DUI conviction from your Colorado criminal - traffic history. Colorado law provides that traffic convictions cannot be sealed.. Here is link to the kinds of cases you are allowed to seal - https://www.courts.state.co.us/Self_Help/sealingrecords/
I was pulled over for a broke tail light. The officer did the road side and I tested at the station for a relatively low BAC. I showed up to my court date scheduled on the ticket and the officer hadn't filled it. Is there a certain period of time in which it is dismissed? The clerk said... Read more »
This is something that you may need to contact a criminal defense lawyer because this is a technical legal issue. There may be case law on this matter and facts of your situation which may change the general rules listed below (which is beyond the scope of Justia's Q&A--hence the potential...Read more »
First review your court order. The order should list how long the SR22 is required. In Colorado you are only required to have a SR22 for the GREATER period that your license is restricted OR 3 years. Note, for some DUIs that did not result in an accident or property damage there is no SR22...Read more »
He completed 2 years of his dui probation with clean ua's and no issues. He completed everything asked of him. His last day is 2-14-17 but he was suppose to call his PO on sunday 2-12-17 but he has been very sick and mixed up the dates so he missed his call in. They now have added a full... Read more »
Yes, you can challenge the contextual stop and argue that probable cause or reasonable suspicion did not exist to legally justify the stop. However, this means that you (or your attorney) will need to directly impeach the officer that stopped you. You can make the claim, but hinging your case on...Read more »
I am not sure what you are asking. Statute of limitations relates to the maximum time limit of formal charging of a crime. The first DUI has no relation to the second DUI beyond the fact that you have had two DUI charges. Contact an attorney who specializes in DUIs.
If this is a DUI and not DWAI and your are over 21, your license will be suspended a minimum for 9 months (assuming 1st offense)--jail time is a possibility, but a fine is all but guaranteed. After that you must reply for a license (reinstatement). If this is not a 1st offense the likelihood of an...Read more »
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