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Gary F Pirosko

Gary Pirosko’s Answers

59 total

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

    I am preparing to go to pre-trial this week for a 1st time DUI. If offered, I have decided to take a DWAI. From my understanding and bits and pieces of information from various lawyers and others I know who have gotten sentenced I am told I will g...

    Gary’s Answer

    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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  • How do I change a condition of my probation

    I have a conviction for a DUI and I'm meeting all the requirements and paying the fines. There just one problem . My probation officer has ordered me to take three random breathalyzers a week, I fly for an airline and there is no way I can do that...

    Gary’s Answer

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

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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

    Im my police report I have the cop stating if she was in my shoes she would not take chemical test. I initially declined and then stated I wld like to take it. DO you feel I have a chance to fight this refusale at DMV and trial?

    Gary’s Answer

    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.

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  • 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?

    i have a family friend who is an attorney that i asked to help with a speeding ticket in my home state a few weeks following the dui. i didn't mention the dui. would he be able to see that i was charged with dui? i hired a local attorney who had r...

    Gary’s Answer

    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.

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

    I have been charged with a DUI per se and careless driving. I blew a .148, and I also hit 2 cars. I am asking my professional contacts and friends to write letters of my character to the court in my defense. What should the letters entail, other t...

    Gary’s Answer

    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 from this experience, and you are addressing you mistake.

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

    driver is asleep in the driver seat. No keys are found on person or at the scene at all.

    Gary’s Answer

    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.

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  • Can Jail time be avoided

    i got a dwai back in 1994, and dui in 2001 and just caught another dui. Is this a mandatory jail sentence? I have a 2 year old that is in my custody. Is there anything besides jail that is possible

    Gary’s Answer

    There may be a mandatory jail sentence but you will need to provide a little more information about the prior offenses, including whether they were in Colorado and the issuing state of you driver's license at the time of arrests. While the statute indicates a minimum mandatory 60 days, in rare instances that provision has been overlooked. You should talk to an attorney who dedicates all or a large percentage of his/her practice to defending DUI cases.

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  • Is there a law or statue in Colorado that states that if one is charged w/ a DUI that one cannot receive a deferred judgement?

    I have been charged w/ a DUI per se, and careless driving in Denver County. I blew a .148, and I also hit 2 cars. However, one car was parked and I hit the other car at a speed of 5 MPH. No one was injured, I have a previous public intox charge on...

    Gary’s Answer

    While there is no stairs prohibiting the deferred, most prosecutors in Colorado would not offer a deferred on your facts unless they determined they would have significant problems proceeding to a trial, e.g., they had a bad test and missing witnesses.

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  • Could i finish my DUI CLASSES out od state?

    I moved out of state cause my sons mother had moved without telling me a week after his birth day. As soon as i found out i saved enough money to move out of state and i would like to know if i could finish my classes out here or get the case tran...

    Gary’s Answer

    You need to contact either your probation officer or, if you were not assigned a probation officer, the Judge that sentenced you to ask for permission.

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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.

    I also hit two cars, one was moving the other one was parked. I hit the moving vehicle going about 5 miles per hour. No one was injured. I blew a .148. I have not had a traffic ticket issued within the state of Colorado in the past 7 years. I was...

    Gary’s Answer

    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 the receptionist and ask that you be provided with MP3 audio recordings of the hearing. Give one of those CDs to your public defender.

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