Ann Toney’s Answers

Ann Toney

Denver DUI / DWI Attorney.

Contributor Level 13
  1. Can the court change your charge that was originally written?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. Ann Toney
    3. Robert Gerald Werking
    4. Christopher Paul Kendrick
    5. Clifton L Black
    6. ···
    6 lawyer answers

    Yes. That is called "Amending the Charge" and the District Attorney can do that. The District Attorney also has to prove that conviction and it is not up to you to say anything about it to confirm it. Please make sure you contact a DUI Attorney to help you with your case as there are things a good DUI attorney can advise you on for a second offense. Also, in general you want someone who knows what they are looking for to review all of the evidence in your case to assess the strength or...

    23 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. This would be my 3rd DUI if i was convicted

    Answered almost 2 years ago.

    1. Ann Toney
    2. Nicholas Lubchenco
    3. Christopher Daniel Leroi
    4. Matthew Patrick Hand
    5. Brandon Uriah Luna
    6. ···
    10 lawyer answers

    To answer your question as to how strong the evidence is against you, the testimony of the officer is usually considered credible. There are many factors that go into defending a DUI charge. Any good DUI attorney will know where else to investigate beyond what the officer reported. As recommended in other responses to you, please consult with one or more DUI attorneys until you find someone you feel comfortable with and can afford. Also, depending on whether or not you have any prior...

    16 lawyers agreed with this answer

  3. I was charged with a dwai while riding my motorcycle in addition careless driving. My blood alcohol was .062

    Answered over 1 year ago.

    1. Ann Toney
    2. Christopher Daniel Leroi
    3. Jasen Bodie Nielsen
    4. Rhidian David Watson Orr
    5. Ethan Patrick Meaney
    5 lawyer answers

    It depends on where you got charged (Eagle?) determines how your case is handled. Also, having your test result be a .062 is very helpful as it is considered low. Below a .05 is presumed sober. So, the important part now is for you to hire a DUI attorney who focuses his or her practice on DUI to get someone who is trained in the new Intoxilyzer 9000 as that is more than likely which instrument you were tested on. Also important is an attorney trained as well on the Standardized Field...

    Selected as best answer

  4. What is the worse that could happen? How should I proceed?

    Answered almost 2 years ago.

    1. Ann Toney
    2. John Lawrence Buckley
    3. Rhidian David Watson Orr
    4. Nicholas Lubchenco
    4 lawyer answers

    So, this would be your 4th alcohol related conviction should you enter a plea of guilty or be found guilty at trial. Depending on which jurisdiction you are in and which Judge you are in front of, you could be sentenced to a one (1) year jail sentence followed by two years of probation. Not all judges would give you a one year jail sentence. You may also have facts and evidence associated with your case wherein you could take your case to trial or get a good plea offer, depending on what...

    Selected as best answer

  5. Cop did not ask me to take a PBT simply said "here blow into This"

    Answered over 1 year ago.

    1. Ann Toney
    2. Brandon Uriah Luna
    3. Daniel Nelson Deasy
    4. Robert Gerald Werking
    5. Ethan Patrick Meaney
    6. ···
    6 lawyer answers

    Actually, the PBT would be part of the roadside tests that are voluntary. You did not mention whether or not the law enforcement officer asked if you would be willing to submit to roadside tests. If so, I would think the PBT would be part of that package of testing. It sounds like the officer asked you to take either a blood or breath test and for him or her to do that, he or she would have already had to form the probable cause to arrest you so the PBT should not have been needed. I would...

    13 lawyers agreed with this answer

  6. I have a question regarding the implied consent law in Colorado. Miranda rights and taking test at station. DUI.

    Answered almost 2 years ago.

    1. Ann Toney
    2. Rhidian David Watson Orr
    3. Nicholas Lubchenco
    4. John Lawrence Buckley
    5. Michael Lawrence Doyle
    5 lawyer answers

    Based on many statements that you make, you clearly need to talk to an experienced DUI attorney about representing you at the DMV hearing. It sounds like the officer states that he advised you of Express Consent and that you declined. It also sounds like you did want the test once you arrived at the police station. There may be an issue here plus there may be other issues that need to be looked at. Also, depending upon how long ago you got arrested, the DUI attorney could request a copy of...

    13 lawyers agreed with this answer

  7. Can the D.M.V. take my license twice for the same D.U.I?

    Answered 9 months ago.

    1. Ann Toney
    2. John Lawrence Buckley
    3. Nathan Peter Hansen
    3 lawyer answers

    If you have had the Interlock in your car for four months then you can request that it be removed early (after 4 months). As far as losing your license twice; if you lost your license the first time because of your breath or blood test result having a result of .08 or greater; then when you get revoked for pleading guilty to a DUI the revocation will run concurrently with the Per Se revocation (the one for the .08 or greater) and you will not have an extended revocation period. In other words,...

    Selected as best answer

  8. I was unlawfully charge with a DUI. What should I do?

    Answered about 1 year ago.

    1. Ann Toney
    2. Richard Waldron Bryans Jr.
    3. Jonathan Marc Lucero
    4. Rhidian David Watson Orr
    5. Christopher Irvin Simser
    6. ···
    6 lawyer answers

    If you were taken to the county jail where you blew, then, you would have submitted to an Intoxilyzer. If so, you would have a test result and it is important as to what that is. If though, you are talking about going to the county jail and blowing on a PBT to see if you have alcohol in your system, then that is not helpful and it is important to know exactly what happened. Also, there are other issues regarding a conviction for a DUI. For instance, whether an accident was involved, the...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I have been charged with a DUID, which I am willing to fight

    Answered over 1 year ago.

    1. Rhidian David Watson Orr
    2. Christopher Daniel Leroi
    3. Brandon Uriah Luna
    4. Charles Patrick Greenwood
    5. Ann Toney
    6. ···
    7 lawyer answers

    Lawyers are not like service animals, that you use one until that one wears out and then go on to the next. You decide what kind of defense you want to sponsor and respect the lawyer you pick. They are not disposable and necessarily interchangeable.

    12 lawyers agreed with this answer

  10. Do I need to hire a DUI attorney for a DUI case? Is it strange that an attorney is almost unknown on the internet?

    Answered over 1 year ago.

    1. John Lawrence Buckley
    2. Ann Toney
    3. Nicholas Lubchenco
    4. Anthony Michael Solis
    5. Ethan Patrick Meaney
    6. ···
    7 lawyer answers

    No, from the facts you set out you should not be looking at any jail time. If you would not go to the hospital for surgery without a physician, you should not go to court for your first DUI without a skilled lawyer. Please, find a few and set up free consultations with them and see what they tell you about what they can do for you. You don't know what you don't know. A skilled DUI attorney can review your discovery and obtain other evidence not generally provided in your case and be able...

    12 lawyers agreed with this answer

DUI Defense You Can Trust. Call Me Now: 303-500-3895

303-399-5556