Russell J Hebets’s Answers

Russell J Hebets

Denver Criminal Defense Attorney.

Contributor Level 10
  1. Is refusal of roadside test, breathalyzer, and giving blood going to help me with the criminal charge DUI?

    Answered almost 2 years ago.

    1. Russell J Hebets
    2. Rhidian David Watson Orr
    3. Nicholas Lubchenco
    4. Christopher A Swaby
    5. Robert Laurens Driessen
    6. ···
    6 lawyer answers

    The officer in this case is an eye witness to all the behavior that you describe. The police officer will be able to testify that he saw you weaving, that you were unsteady on your feet, had watery eyes, and slurred speech. In a case like this a jury's decision will rely upon whether the police officer's testimony is perceived as trustworthy and credible. It is true that they do not have a chemical test to use against you, but this eye witness testimony may be enough to convict you of DUI.

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  2. How can I prove that I wasn't impaired while driving to get rid of a DUI charge? and that the cop had no reason to pull me over?

    Answered almost 2 years ago.

    1. Nicholas Lubchenco
    2. Russell J Hebets
    3. Rhidian David Watson Orr
    4. Nelson Patrick Boyle
    4 lawyer answers

    In Colorado driving at a .065 is not the range for DUI but rather the presumptive range for a DWAI which is a lesser charge. The .046 was thirty minutes later which can be consistent with the processing of alcohol, additionally that test is not a calibrated test generally but rather a portable breath test. These types of tests are not admissible evidence in court because they are not calibrated, generally. The standard for DWAI is that you are impaired to the slightest degree. This is...

    10 lawyers agreed with this answer

  3. Can I still press charges?

    Answered over 1 year ago.

    1. Russell J Hebets
    2. Christian K. Lassen II
    3. J. Timothy Smith
    4. Matthew C Simon
    5. Paul E Knost
    5 lawyer answers

    Private individuals can never "press charges" in criminal court. Generally, only the police and district attorney in a local jurisdiction can file criminal charges. The police must have concluded that there was not enough evidence. If you received injuries or had property damages you may be able to consult with a personal injury attorney about filing a lawsuit for damages which would still be a lawsuit against the individual. Finally, the other party may have gotten some type of deal that...

    9 lawyers agreed with this answer

  4. Is it Harmful or Beneficial to take evidence in a case to the media?

    Answered over 1 year ago.

    1. Russell J Hebets
    2. Richard Waldron Bryans Jr.
    3. Mark S. Solomon
    4. Joshua Sachs
    4 lawyer answers

    You should consult with a lawyer about your specific facts before going to the media. Any statement that you make to the media will be admissible in your case, and trying a case by public opinion may or may not be a winning legal strategy. In general such a move requires careful consideration and planning.

    7 lawyers agreed with this answer

  5. My daughter was on a deferred judgment. Her probation officer is issuing a complaint for revocation beacuse of two hot uas.

    Answered almost 2 years ago.

    1. Nicholas Lubchenco
    2. Russell J Hebets
    3. Christopher Daniel Leroi
    4. Ryan Andrew Kalamaya
    4 lawyer answers

    A revocation hearing is a very serious matter, especially in a deferred judgment case. This means that the PO desires for her probation to be ended. Their opinion matters a great deal in any probation case. If you lose the revocation hearing your daughter will be subject to all of the original penalties for the underlying offense. In a situation it is very important to contact a lawyer. After the hearing it will be too late to really do anything meaningful. This is certainly a situation...

    6 lawyers agreed with this answer

  6. Do I need a defense lawyer?

    Answered almost 2 years ago.

    1. Nicholas Lubchenco
    2. Russell J Hebets
    3. Daniel Nelson Deasy
    4. Todd Stoneman
    4 lawyer answers

    Any time you are charged with a crime it is a serious situation. A criminal conviction is permanent record that will be seen on all future background checks. A defense attorney can help you manage the case to have it resolved with no criminal record. There are pleas such as deferred judgments and deferred prosecutions that may be beneficial to you. It is important to remember that a simple 5 minute plea can create life altering consequences and should always be treated as an important matter.

    6 lawyers agreed with this answer

  7. Traveling out of country with a misdemeanor DUI.

    Answered about 2 years ago.

    1. Mark S. Solomon
    2. Danyel S. Joffe
    3. Russell J Hebets
    4. Adebayo Olusegun Adesina
    4 lawyer answers

    You should be aware that Canada can reject persons at the border with a DUI. While this might not happen in every case it has been done frequently from our understanding. In Canada a DUI is roughly considered a felony (the legal process are different). Here is the relevant immigration rule: • (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or of two offences not arising out of a...

    6 lawyers agreed with this answer

  8. My ex-boyfriend is in possession of my television set. I have the bill of sale with my name on it. He is not giving it to me.

    Answered almost 2 years ago.

    1. Russell J Hebets
    2. Stephen Clark Harkess
    3. Richard Waldron Bryans Jr.
    3 lawyer answers

    If the police do not believe this is a criminal matter you need to look up the small claims court in your county. They handle civil matters for items worth less than $7,500. The court has a useful guide which I added to help you understand the forms and attempt a filing. This court can give you an order that will help you get your TV back.

    5 lawyers agreed with this answer

  9. It seems that attorneys are positioning themselves each to win the case: Public defender has been notified victim wishes to:

    Answered almost 2 years ago.

    1. Christopher Daniel Leroi
    2. Russell J Hebets
    2 lawyer answers

    The public defender is responsible for representing the defendant. If you, as the victim, tell them information that is beneficial to the case they will use that information to the best of their ability to help the defendant. The District Attorney, represents the state and is responsible for prosecuting the defendant. They are accustomed to having uncooperative victims in domestic violence cases and may not always proceed as the victim wishes. Their job is to asses if a crime was a...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I am on diversion for domestic violence. I have not been able to complete my classes. what could happen?

    Answered over 1 year ago.

    1. Russell J Hebets
    2. Christopher Daniel Leroi
    2 lawyer answers

    Not being able to complete diversion requirements could result in the diversion and your probation being revoked. In such a case it would be up to the judge to decide the appropriate sentence. Such a revocation would probably create a criminal record. You should be proactive and attempt to get an extension rather than just wait for the entire deal to come unraveled. If you have a probation officer it might be worth discussing if an extension would be available with them.

    4 lawyers agreed with this answer