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Gary F Pirosko

Gary Pirosko’s Answers

59 total


  • I need help with deciding on a private lawyer vs. applying for a public defender in Denver, Colorado. DUI

    I have been charged with the following charges - careless driving, driving a motor vehicle with a blood alcohol of 0.08, and a DUI. I also hit 2 vehicles. My only prior conviction is a public intox charge which happenend a year ago in a different ...

    Gary’s Answer

    The Colorado State Public Defender system is one of the best in the country. They have many high quality attorneys. No attorney could tell you the probable outcome in the case without first reviewing all of the documents and determining the Judge, prosecutor, and government witnesses. Additional research would have to be done on the test results.

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  • Back Ground checks for Employment.

    If a DUI case is plead down to a careless/reckless driving, does the the DUI arrest show up on FBI and state background checks?

    Gary’s Answer

    The public will be able to see the arrest on your Colorado motor vehicle record. The arrest may show up for the public on your Colorado Crime Information Center (CCIC) record which can be ordered online through the Colorado Bureau of Investigation (CBI). It probably will not show up on the National Crim Information Center (NCIC) database. Law enforcement and the Courts will always have access to it.

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  • Difference Between DWAI and DUI in Colorado.

    Is a Colorado DWAI conviction a violation or a misdeamor crime. In NY its a viloation not a Misdeamor.....What is Colorado and how is it reported on my background check?

    Gary’s Answer

    DUI is a non-classified traffic misdemeanor found in Colorado Revised Statutes, Title 42, which is the traffic code. Criminal violations are found in Title 18. Normally, a traffic conviction will appear on your Colorado Motor Vehicle Record (MVR). Criminal vilations normally appear on your Criminal History, although there is some overlap between the two records. What is found during a background check often depends on what the background checker asks for.

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  • In the state of Colorado, can I get my license taken away for 30 days at the DMV hearing for a DWAI?

    If so, and I move out of state within those 30 days can the DMV take away my license for 9 months?

    Gary’s Answer

    Your driving privileges can be REVOKED for 9 month on a first offense if your blood alcohol level was .08 or more and you lose the DMV hearing. Your driving privileges can be SUSPENDED if you accumulate too many points, i.e., that you receive too many moving violations but alcohol and/or drugs are not involved. DUI is 12 points. DWAI is 8 points. An adult cannot reach 12 points in a 12-month period or 18 points in a 24-month period.

    If your license is revoked on a first offense, you can ask DMV to change your 9-month revocation to a 1-month revocation followed by an 8-month interlock-restricted license. The 9-month revocation requires 9 months of SR-22 high risk insurance. The 1-month/8-month license requires 36 months of SR-22 insurance.

    Colorado DMV restricts your privilege to drive in Colorado. It doesn't automatically restrict your driving privileges in other states, but other states can recognize the Colorado restraint under the Interstate Compact, and restrict your driving in that state until you reinstate fully in Colorado.

    There are many tangential problems with DMV restraints. You should contact an attorney.

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  • I was arrested for DUI and took a blood test. My results haven't come back after 70 days is this unusual? Do I have any recourse

    I go to court in a couple days and the DMV still doesn't have any results and I have checked with them often.How will I handle court without this information and don't have a public defender because I have no results yet?

    Gary’s Answer

    You need to call the blood lab directly for the results. If you were arrested in Denver you need to call the Denver Crime Lab. Most other law enforcement agencies in Colorado send their samples to the Colorado Department of Health Blood Toxicology Lab or to ChemaTox in Boulder. If you do not get the results before your next court appearance, just explain to the prosecutor and the judge that you would like a new pretrial conference date to allow you time to gather the facts and to speak with a defense attorney before you make anyy decisions.

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  • If a person flees the state to avoid conviction of a DUI can he or she have there assets seized ?

    I was charged for my third DUI on July third 2010. Im, on bond for 1000.00 . If I flee the state can my house and assets be seized ?

    Gary’s Answer

    Your house may not be seized but your bond will be forfeited and most likely increased. If a bonding company posted your bond they can come after you wherever you are. If you flee the state you most likely will never be able to get driving privileges anywhere else until you return to Colorado to clear up any outstanding judgement warrants and other restraints entered against your privilege to drive in Colorado.

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  • Ive been charged with my third DUI . If I leave to another state to avoid conviction can I get a licence in another state ?

    I have a licence now because the cop didnt show up at the DMV hearing . Can I get a new one in another state ? I,m on bond for 1000.00 . Will this make me a fugitive ? Will they pursue me ?Are these things that will only affect me in Colorado or i...

    Gary’s Answer

    If you have a VALID license in one state you should be eligible to get a license in any other state. Whether or not you can leave the state depends on what is set out in your bond conditions. If you leave the state when prohibited your bond could be revoked and you could be subject to jail or an increased bond or stricter conditions on your bond. If your bond was posted by a bonding company, they can come after you wherever you are.

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  • If I was pulled over in Denver, CO why did the state trooper put on my ticket to attend Arapahoe court house?

    Pulled over on E Iliff and U S Colorado 83

    Gary’s Answer

    The area where you were pulled over is near the border of Arapahoe and Denver Counties. Whether the officer cited you into the correct court will depend on where any of the driving violation(s) occurred. If a violation took place in one jurisdiction and the officer was in fresh pursuit while you drove into the second jurisdiction, the officer could cite you into either jurisdiction. State Patrol has state-wide jurisdiction but they mainly patrol unincorporated areas. They usually will not cite drivers in the Denver City limits opting instead to turn the arrest over to the Denver Police Department. I was an Arapahoe County DUI officer and worked that area for years. I had a client arrested on his 5th DUI just west of the intersection you mentioned. We argued jurisdiction and the case was dismissed.

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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?

    I live in Denver, Colorado. I am very concerned about how DUI is determined as it relates to prescription medications. I haven't had a problem with this, but I worry so much that I will. I take a number of precribed medications including anti-conv...

    Gary’s Answer

    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 the slightest degree", either mentally or physically or both, than they normally would have been. That means ANY impairment. The prosecution would have to prove that your precription medications affected youu at least to the slightest degree. You could always present evidence of your normal mental and/or physical abilities. Unfortunately there is no simple answer to your situation. Be careful about how you present you illness to the prosecution. They could ask DMV to call you in for a medical hearing on your fitness to drive for any reason.

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  • Seeking DUI attorney in colorado springs CO area

    My husband was operating vehicle under influence, without insurance and drivers license. He hit the police car (late at night). Seemed like everybody was fine until over 4 months later when I was served papers. We are low income family that cannot...

    Gary’s Answer

    Your husband may be eligible for representation by the Colorado State public defenders office based on your household income. Colorado has one of the best public defenser systems in the country and many of the best criminal defense attorneys in Colorado work in the public defender syatem. The Colorado Spings office number is 719-475-1235. You can also check the Colorado Criminal Defense Bar website (CCDB.org) for a low pay / slow pay attorney.

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