Gary F Pirosko's Answers

Will I be sentinced the day of pre trial if I take the plea?

It often depends on the blood alcohol level. The lower the level the more likely the DA and Judge would agree to immediate sentencing. (Usually a .170 and below with no aggravating facts). The Judge will tell you that if you disagree with the level of alcohol classes recommended by Probation, you can come back to court and discuss your disagreement.

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In an accident, does prescription medication always equal a DUI for a driver even if the meds do not cause any impairment?

The DUI statute in Colorado is violated when a driver is in actual physical control of a vehicle while under the influence of alcohol and/or drugs, prescription, OTC or illegal substances. This means that the driver's ability to operate the vehicle has been "substantially affected", either mentally or physically, or both, than they normally would have been. A less severe, but just as serious a charge, of Driving While Ability Impaired by alcohol or drugs means that the person was affected "to...

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How do I change a condition of my probation

You will probably need to file a Motion to Amend the Terms and Conditions of Probation with the court.

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How important is it to be represented by a lawyer at a DMV hearing? My charges are DUI per se & careless driving in Denver, CO.

You can obtain a low pay / slow pay private defense attorney at www.ccdb.org. The attorneys listed there have offered to reduce their normal fees as a public service. There are numerous great attorneys on that list who will represent you at DMV licensing hearings. Depending on the sequence of the DMV and criminal matters it could be critical in both matters that you be represented, even with different attorneys. Take 2 blank CDs with you to the DMV hearing. After the hearing, take them to...

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Consequences for charge of driving under restraint in state of CO

If you end up pleading to any "moving violation", whether the original charge or a moving violation offered during plea negotiations, your driving privileges will automatically be re-suspended once the court notifies DMV of the outcome. Many prosecutors will offer a non-moving violation if you have already reinstated your license.

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Can i get a speeding ticket dismissed if my name is spelled wrong

If you are a Colorado resident with a Colorado drivers license the officer does not have to obtain your signature. The spelling of your name can be amended by the prosecution.

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DUI-I refused all tests then stated I wld take blood test. Asked cop what she wld do and she stated if it was her she wouldnt

You can fax or email your report to many attorneys for a free analysis of your case. Make sure to pick 3 attorneys who specialize in DUI work as opposed to being general practitioners. It sounds like you have a very good issue.

I was arrested for dui (.08) in one state and i live in another state. can a home state attorney see my charges or any info?

He may be able to see that you were arrested if he obtains a copy of your driving history. If he finds the arrest he could do more investigation through public access sites.

What points need to be addressed when writing a character letter to the court in reference to a DUI per se charge?

You should ask them to write the letters in draft form without suggesting what they should write. Otherwise, it will be apparent to the Judge that they were instructed what to say as they all will look the same. You can edit out anything that you do not feel comfortable with. I don't think they should mention anything about you history together surrounding alcohol. They can mention that in their experience this event seemed out of character, you are usually a responsible person, you learned...

Can you be convicted of a DUI if there are no keys, period?

The law requires that the prosecution be able to show the jury that you could have placed the vehicle in motion with little effort. If you were driving an automatic vs. a manual transmission it would help your argument that you were not in actual physical control.