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Ann Toney

Ann Toney’s Answers

298 total


  • What is the difference in DUI punishments for a resident versus a non-resident?

    For criminal court rather than DMV. I was arrested for DUI while visiting Colorado. I had recently returned from overseas and am not really resident in any state yet. Is there advantage to establishing residency in another state prior to sente...

    Ann’s Answer

    Also, depending on where you have your driver's license issued from, there may also be advantages to being an out-of-state resident for DMV purposes. I agree with Mr. Luna. Also, depending on your judge and maybe the DA, some judges give Court supervised probation instead of supervised probation by someone in the State of Colorado. If this is your first DUI conviction you would not be eligible for supervision being transferred to your home state under the Interstate Compact and nowadays some judges simply have you supervised by Colorado probation officer "long distance" which is supervised probation. You are better off to have Court Supervised or Unsupervised Probation.

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  • Do I need counsel for a petition for revocation of probation?

    I have a DUI case from 2012, sentenced in 2013, sentencing was 10 days in jail, level 2 alcohol education, 52 hours therapy, 48 hours community service. I've completed some of my conditions of probation, I'm still trying to complete education and ...

    Ann’s Answer

    I understand you think you know what is best for you, and you very well do. What though is happening is you are still carrying out the penalties and sanctions brought on due to your conviction of a DUI in Colorado. That is what you are working on. So, after you finish all of the conditions and requirements of your sentence, then you an ask the court to take you off supervised probation. Until you complete everything, you are wasting your time asking the Court to take you off supervised probation. It is that simple. Just keep up the work you have been doing and work your way to the end of the requirements. Good luck!

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  • DWAI mean license gone? Interlock? If interlock, what if i then move out of state for work?

    Looking at a DWAI

    Ann’s Answer

    If you are charged with a Driving While Ability Impaired (DWAI) then your chemical test probably came back at .05 to .079. It does not mean that your license is gone and it does not mean that you must have an Interlock. The facts dictating whether or not you can move out of state are different from just whether you are charged with a DWAI or not. Quite frankly, there is more information needed to give you a complete answer such as, is the "offer" DWAI reduced down from a DUI or are you charged with the DWAI from the beginning? As far as moving out of state for work, are you under bond? If you are not under bond, do you need to move out of state for work before your case is disposed of? I would highly recommend that you talk to an experienced DUI attorney as many DUI attorneys offer free consultations and you can get some clarification on what facts are important and what facts control what outcome. Good luck.

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  • Can I sue the owner of a vehicle for damages if they weren't the person driving the car at the time of the accident?

    A drunk driver with a suspended license hit my parked vehicle in front of my residence. The vehicle was registered to his girlfriends mother. Neither of which were in the vehicle with him. In the police report, his girlfriend states that he did no...

    Ann’s Answer

    I think this question is best answered by an insurance attorney or a plaintiff's attorney. Also talk to the district attorney about restitution and what that would look like.

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  • Can they take it for two years. That seems extreme for his first DUI.

    My son got a DUI. And they are taking his license for two years. This was his first DUI and it has taken the court almost a year to get the case through. All this time they took his license. Now the DMV wants to take it for another year and have a...

    Ann’s Answer

    Unfortunately the Department of Revenue, Division of Motor Vehicles are a regulatory agency and have their own set of rules. Having said that, it would he helpful if you contacted a DUI attorney and had him or her explain the various revocations. How about the lawyer who helped your son with his case? That lawyer should be able to explain the revocations. Sounds like maybe your son was under 21 when he was charged with DUI. Also, the 24 months of interlock sounds like either your son either refused a chemical test of his blood or had a test result of .15 or higher. To truly understand the penalty though, please contact a DUI attorney and allow the lawyer to go over your son's driving record and the revocations to really understand the length of revocation and the "whys". It is not always clear when you get those letters from DMV whether the revocations will run concurrently or not. Good luck.

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  • Will I jeopardize my DMV hearing or trial in Colorado by applying for a replacement license?

    I was arrested for a DUI in Colorado and refused the blood test. My license was taken by the officer and after requesting a hearing, I was given a 60 day temporary license. However, I am from another state and in looking at the application for ...

    Ann’s Answer

    While I applaud you for seeking out information. The specific type of information you are asking for goes beyond, in my opinion, the scope of the kind of general informative information this website is set up to provide. I would strongly suggest that you contact a DUI attorney in your home state where you are seeking to get a new license and in which state you are answering those questions in. Take your current Temporary Driving Permit with you so the lawyer can see it as well as how it reads. It will be your home state DMV administrative regulations which will govern your ability to drive ultimately in your home state. Good luck.

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  • I did 5 yrs def adj probation,89-94 in El Paso, TX, - Att. Burglary of Habitation Can I lawfully own a firearm?

    I completed the probation successfully, including remitting all monies owed as one of the conditions.

    Ann’s Answer

    While you currently live in Colorado it appears that this charge came out of Texas and that is where you were prosecuted. I think your best advice would be to either contact the lawyer who represented you as he or she would know the status of the law in Texas as that is what would control as to the outcome of your case or contact a criminal lawyer in Texas with the same question. It depends on how your Texas charge was disposed of. It looks like a "deferred adjudication" which would indicate that the charges did not end in a conviction but you were also on probation. To be safe, contact a Texas attorney who could also pull your court file to insure you are getting the best advice. Also, you may be able to "seal" the case if it was in fact dismissed but that is just a guess. A Texas lawyer could better advise you. Good luck.

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  • Jobs and deferred sentence?

    Back in 2013 i was arrested and charged with a felony i plead to a deferred sentence i completed my probation and my case was dismissed before i was sentenced i got a job; Ive held onto this job since. Now i have an opportunity to a promotion they...

    Ann’s Answer

    I knew a guy in the same boat and when they re-did his background check; they fired him. It is not my business but your decision, I would keep the job and wait until I had enough money to seal my record. Other opportunities will come up. It sounds like if you "fail" the background check you will lose your job. You are risking your career over a possible promotion. There will be other opportunities for promotions. Maybe they know about your situation and are looking for a way to fire you. That is what happened to the guy I know, they knew of his situation and wanted him out. He went ahead with the new background check and they found something so they fired him. You really are risking a lot.

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  • I live in Colorado and I got a driving with a revoked license ticket because of a DWAI will I go to jail?

    I got the ticket in the end of September. Since July I was able to get my license back but because I lost my job in June the Sr22 insurance was to much for me to get. The beginning of September I got another job and now can pay for it. I am going ...

    Ann’s Answer

    Based on the information you provided, you may not end up going to jail. This forum though is not the place to have that discussion. The wisest thing to do is set a free consultation with one or more DUI attorneys and take in all of your paperwork and have a one on one with the lawyers. You will then have a much better understanding of your situation and hopefully this will reduce your level of stress. There are things to do in the meantime which will help your case and talk to the lawyers about that. Get going and good luck!

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  • Will a judge order treatment for multiple UA violations on probation?

    My boyfriend has been probation for five years for a unrelated crime to alcohol. Part of his probation means he can not consume any sort of alcohol, and has to do weekly UA testing. He has admitted to having a problem with alcohol after failing 3 ...

    Ann’s Answer

    I agree with Ms. Dawson. In addition to what she says, your boyfriend can help himself and thereby, help his potential probation revocation. While the Court will not like that he may violate his probation, if he starts doing things to change his habits, like going to treatment on his own accord or going to AA, then the Court looks favorably on that usually when assessing a case. Also, it sounds like your boyfriend has not really gotten too many positive UAs over a long period of time. It does appear that he has an alcohol problem and if he is the one to jump on it now, starting treatment, going to AA, etc. then that will greatly benefit him should he get a probation violation. A side note, why has he been on probation for so long? I would highly recommend that he contact a criminal defense lawyer and talk about his probation situation. Also, if he gets alcohol help, he may be able to use that as well to save his job. Good luck!

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