As the previous poster wrote - a public defender is an attorney. Thus, you are being represented by counsel. The public defender or private attorney can fight your case and provide you with a defense to the charges and present your case to a jury.
In Colorado, DUI convictions are not eligible for expungement.
DMV is a separate legal action from the court action. Your public defender will not represent you at the DMV hearing. There are many good DUI attorneys on AVVO that can and would do the DMV hearing for you. You must request a hearing within 7 days of the DMV sending a formal letter to your address, not within seven days of learning of the results. If this time has elapsed, you may be barred from requesting the hearing. You need a DUI attorney to help you make the determinations and...
The other posters are correct, you would most likely be facing a third offense because a DUI's are never removed from your record in Colorado. If you are charged with a third offense - you face a mandatory minimum penalties, including jail time. You should consult with a few DUI attorneys to determine potential defenses or claims that you may have.
Assuming from your response that this is an allegation of drug (marijuana) DUI and not alcohol and depending on your specific facts you could be charged with DUI or DWAI. A DUI based on drugs requires the prosecutor to prove BEYOND a reasonable doubt that the drugs impaired your ability to drive. I would hire a lawyer to talk about potential defenses that you may have.
If you are successfully in completing the deferred program, than the charges against you would be dismissed. However, Colorado does not allow a deferral on a DWAI or DUI to be removed from your permanent record. This will show as an arrest for DUI/DWAI and an dismissal due to successfully completing a deferred program.
A DUI or DWAI in Colorado are not traffic infractions. The charges are traffic misdemeanors. You may be looking at a Under Age Drinking and Driving charge, which is a...
It's pretty unclear what question you are asking. If you are being accused of a DUI with previous or multiple offenses, you should consult with a DUI attorney in your area. If you have pled guilty but have not yet been sentenced and now what to withdraw your plea- you need to talk with a DUI attorney.
If you have two pending DUI's and want help dealing with them both - consult a DUI attorney.
Best of luck,
If the warrant is out of Colorado Springs, consult with a Colorado Springs criminal defense attorney. There are many located on AVVO. You need to retain and attorney and set up a time to surrender yourself on the warrant. Because the allegation or complaint against you most likely involves criminal domestic violence a mandatory protection order will issue. If you and your husband are still together arrangements will have to made to either modify the protection order so that you will be...
I completely agree with Mr. Leroi. I would just add that the Criminal Protective Order or restraining order does not allow you to have any contact with your husband. Failing to follow the restraining order can and most likely will result in new charges being filed against you. It does not matter if your husband is trying to contact your or your daughter - this is a one way street- if he contacts you; you cannot respond. I would retain an attorney with domestic violence experience ASAP.
I agree with all of the previous posters. I am just adding the following for your information. When you are accused of DUI in Colorado, it triggers two separate actions, a court action (which you are given a date to appear, failure to do so can result in warrants for your arrest) AND a separate DMV administrative action. You are not automatically given a hearing date for DMV, you must request it within 7 days, if you do not, you have waived your right to the hearing and the DMV will take...