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Laurie Ann Schmidt

Laurie Schmidt’s Answers

267 total


  • Can i get my drivers licence back if the dui case was dismissed in court? i am from denver

    i already have the restricted licence and an interlock device instaled in my car but my case was dismissed in court i was found not guilty

    Laurie’s Answer

    If you are accused of an alcohol DUI, there are always two separate action. The first is with the DMV and the second is with the court. It does not matter what one action does- meaning the DMV could revoke your license and the court could dismiss the case against you. This happens because the DMV has a lower standard of proof from the court action. Since you have a restricted license, it sounds like the DMV has take the steps to revoke the license. You must do what they tell you in order to get a full license back. This depends on you specific case facts. To know for sure, I would recommend contact DMV Driving Services directly.

    Good Luck!
    Laurie

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  • What's an average cost or range an attorney might charge if I have them submit a petition to seal my record?

    I went to court back in June for a petty theft charge, after court I took the theft class and handed in my certificate this was the first time I've ever been in trouble.

    Laurie’s Answer

    If your case is eligible for sealing at this time depends on how the plea bargain was worked out with the court and prosecutor. It would depend upon the filing cost of the petition to seal, jurisdiction of the petition, and how complicated the case may be. Best advice would be to contact a few attorneys and ask for an estimation of costs.

    Good luck!
    Laurie

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  • I was arrested for not submitting to a field sobriety test - but no charges of a DUI were filed. What will happen?

    I got pulled over for telling a police officer (who was doing speed stops) he was blocking the exit and I thought it was dangerous (on video). Pulls me over right away and shortly wants me to do a SFST. I refused the because I just got injured fro...

    Laurie’s Answer

    You need to retain an attorney. You are being accused of at least one crime and you may face additional charges and/or DMV consequences if you do not act quickly. A prescription for Alprazolam could be a defense to the possession charge, but not a driving under the influence charge. If the officers is alleging that you refused a chemical test, you only have 7 days to request a hearing with DMV, otherwise your license may be revoked.
    Good Luck
    Laurie

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  • Can I get drug tested from the time my case is dismissed to the time to the time everything is expunged? After diversion?

    My case was just dismissed today, and I was taken off from diversion. tomorrow I am going in to get the expungement papers filled out, I don't plan on doing drugs, but am wondering if I can get tested within the time after I fill out the paperwo...

    Laurie’s Answer

    Congratulations on successfully completing the diversion program. Once the court has dismissed the action against the court has no jurisdiction to drug test you, meaning the judge can’t tell you what to do anymore because there is no case that would allow it. The process of sealing or expunging the record is a way of erasing it from full or partial view. This petition that you are filing most likely will go to a different judge and that judge has no ability to order a drug test.

    Good Luck!
    Laurie

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  • Forgery Conviction with Deferred sentence - completed years ago with full compliance. Why is it still showing a conviction?

    I agreed to a plea deal with including a guilty plea of felony possession of a schedule II substance, and a guilty plea to forgery with a deferred sentence. I completed everything required without incident. The forgery charge still shows guilty e...

    Laurie’s Answer

    It is really difficult to answering your question without a complete review of your record and the plea paperwork. If the agreement was a plea to deferred to all charges, then it should show as dismissed. If the plea was considered a split plea, meaning one charge received a deferral and the other did not only the deferred charge should show as dismissed. Your best course of action would be to contact the court for the original plea paperwork and obtain a complete criminal history. With this information you should be able to determine if the record is correct. A criminal defense attorney in your area would be able to help you with this process.

    Good Luck!
    Laurie

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  • I want to know what to do with a no contact order lifted if the judges wants Substantial changes the the case what 2 do please

    its been 5 days and i need him home i dont feel that i am unsafe with this. we have two kids together and i want to be a family again he saw that he is seeing a therapist and i cant afford to live in the house without him

    Laurie’s Answer

    It sounds like you and your family are going through a very tough time. You do not want to cause additional charges against your husband by violating any part of the no contact order. It is really unclear what the status of any court orders are at this time. You may be able to ask the judge for a modification of the no contact order to allow your husband to live in the family home, a judge may or may not allow this.

    This is a really fact specific area of law and no lawyer on this site can tell you what you should or even could do. You are allowed to have an attorney represent your interests in any pending criminal matter and I would suggest hiring one for exactly that purpose.

    Good luck!
    Laurie

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  • Son hired an attorney for DWI and requested jury trial. He is attempting to get a public defender. What's best course of action?

    My son was on his way from Denver to Grand Junction. He ran out of gas and was parked at the side of the road when an officer stopped. Son's car smelled like marijuana so they took him for blood test. Had blood level (not sure what it was) so he w...

    Laurie’s Answer

    It sounds like your son is being accused of driving under the influence of marijuana. He should retain an attorney (private or public defender) who has experience and knowledge in marijuana impairment or the lack there of. Your son should consult with a few DUI attorneys and hire the one that he believes will present the best defense for him. Remember, a DUI conviction will always be on your son's record and could result in serious consequences to his license.

    Good Luck!
    Laurie

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  • Can I get a misdemeanor child abuse charge seal or expunged from my record?

    I was charged with dui in Aurora CO, in oct 2009 with my children in the car, together with an extremely high BAC, also landed me misdemeanor child abuse charge. Upon my lawyers advice I pled guilty to both in April of 2010. I was curious if any...

    Laurie’s Answer

    Most likely your charge of child abuse is not sealable. For a definitive answer, I would obtain a copy of your criminal record and sit down with an experienced criminal defense attorney to see if there is any other statutory cause to seal the record.

    Good luck!
    Laurie

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  • Looking for an experienced attorney that may have up to date knowledge of Colo. DMV requirements for license reinstatements.

    Colo DMV license reinstatement eligibility due to alcohol related offenses. Currently on probation and legally through Interstate transferred to different state of TX. Colo is saying that as a "condition" of reinstatement, along with all forms and...

    Laurie’s Answer

    I think there is a bit of confusion on the DMV's actions. The court action is separate and distinct from the DMV revocation. It sounds like you are trying to reinstate your license early- you cannot do this UNLESS you are a resident of Colorado. That being said, if you are no longer a resident of Colorado, then you must serve the entire revocation period.

    I hope this provides a bit more information for you. I would recommend contacting the DMV to determine what your options are as an out-of-state resident in light of the plea and DMV findings.

    Good Luck!
    Laurie

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  • My husband has been convicted of 2 dui's in the past year.

    He was just sentenced to 30 days work release but they only let him out of jail for a certain amount of time each day. He works 14+ hrs most days. His employer told him he needs to at least be able to work 12 hours a day. He was told by the da in ...

    Laurie’s Answer

    I hear how concerned and scared you are for your family. There really is no easy answer to your question. The only way to determine what happened, what can be done, and how to go about it in the quickest amount of time is to retain an attorney or ask the attorney that represented your husband on the case.
    As for the da's assertion that the offenses are too close together, that is correct. If a person is convicted of two DUI's within a 5 year period, there is a mandatory in-custody period. If your husband has served the mandatory time, you may be able to request the court order the balance to be completed on in home detention; but the judge does not have to allow this course of action.

    Good Luck!
    Laurie

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