Skip to main content
Ann Toney
Avvo
Pro

Ann Toney’s Answers

243 total


  • Early removal of interlock?

    I've had the interlock for 1 1/2 years. A new law in Colorado passed only requiring 1 year. Can I get an early removal order?

    Ann’s Answer

    If you are required to have the Interlock for 24 months because you were classified as a Persistent Drunk Driver (PDD) by the Department of Revenue, Division of Motor Vehicles, you cannot reduce the time you must have an Interlock in your car.

    See question 
  • Can i get bonded out on a ten day minimum jail sentence for a second dui in colorado?

    2nd dui with a bac higher then .15

    Ann’s Answer

    I am not clear on your question. Are you saying that you have been arrested for a second DUI in Colorado? Yes. Were you serving the 10 day jail sentence when you got the second DUI charge? They will probably keep you in and take away work release and have you complete the 10 day jail sentence. If I have not understood your question; please respond adding additional information. Thank you.

    See question 
  • Should I get a lawyer for a first time dui

    my son had a accident with property damage resulting in a dui his ba was .17. He was driving my truck, My right leg was crushed 17 mos ago in a forklift accident and I am living off of workcomp. We do not have a lot of money and he takes me t...

    Ann’s Answer

    Sounds like money is tight for you and your son. Quite frankly, yes, an attorney could make a difference, and sometimes, a big difference in a person's first case. Here is what I recommend, contact the District Attorney's Office where your son is charged out of and request the "Discovery". That is another word for the police reports and other evidence being used against your son. If and when you go to some free lawyer consultations, take the police reports with you. If it will be awhile before you can get them from the DA, call the law enforcement agency directly and have your son request a copy of his police report. If your son requested a DMV hearing then they will send him a packet of police reports that you can use as well. Go and talk about a few DUI attorneys who offer free consultations and after talking with them about your son's case and the lawyers' prices.......make a decision at that time whether to hire an attorney or not. Also, tell them your financial situation and see what kind of payments the lawyer would take. Good luck.

    See question 
  • How can I be convicted of Possossion of a weapon while intoxicated if the police did NOT blood/breath test me?

    i am currently on probation for a DUI. The other night I was accused of carrying a weapon while intoxicated "prohibited use of a weapon" by the police. they took my gun and wrote me a summons for court. And I was free to leave. However they failed...

    Ann’s Answer

    There are two things going on here. One, is whether or not you met the elements of Prohibited Use of a Weapon and the other thing is, while on probation for DUI you are not to consume any alcohol. The officers would be able to testify that you smelled like alcohol and that could be enough to revoke your probation for DUI. You are right though, they would have been smart to collect evidence that you had been drinking by having you blow into a PBT or ask you to take an Intoxilyzer test. It is important that you contact a criminal attorney to see what he or she says about whether or not the elements of Prohibited Use of a Weapon are met. The testimony and observations of the law enforcement officers can go a long way in court to provide evidence against you. Good luck.

    See question 
  • Question about changes in Colorado Ignition Interlock device laws.

    I started my 2 years of Ignition Interlock service in May 2014. It is a handheld breathalyzer device the connects to the battery and internal wiring of the vehicle. Apparently, a recent change in the law is requiring a dash mounted camera in addit...

    Ann’s Answer

    This requirement is not from the interlock company so it is not a matter that this was not a condition of the contract when you had the interlock installed. Because having a driver's license is a "privilege" in Colorado, the rules and regulations for having a driver's license in Colorado govern who, how, and when you can have a driver's license. A requirement to get your driving privileges reinstated in Colorado once it has been determined that you were driving with alcohol in your system, or it is determined that you refused a chemical test of your blood, is to have an interlock. The people who get to make the rules of when, how, and who gets reinstated once you lose the license for having a certain level of alcohol in your system or for refusing, have now determined that the type of interlock you must use is the type with a camera. Probably this was instituted because they found some people were abusing the system and had other people blowing into the interlock so now there is a camera to see who is blowing into the interlock. So, if you want to keep driving with the interlock, you get the camera.

    See question 
  • Is this considered double jeopardy at the DMV?

    I was cited DUI last April 15 and refused all tests. I requested DMV hearing April 16 which was set June 6th. The officer requested a continuance and was reset to Sept 3. I plead guilty in court on Aug 3 and received DMV license revocation not...

    Ann’s Answer

    It sounds like you have two issues going on with DMV as you state that you have two case numbers. What I would do is get a copy of your Colorado driving record, it costs $2.20, ask for the "Full Record" when you request it; and take it and your revocation letters/orders with you to talk with a DUI attorney. It is easiest to sort this out when looking at the driving record and revocation orders. Good luck!

    See question 
  • My husband hit an EMT while too drunk to remember. Does he need a lawyer?

    While in Wisconsin for work, my husband blacked out driving home from a bar and rolled our truck. It was a single vehicle accident, and the police came and called an ambulance. My husband was pulled out of the vehicle and while being transferred t...

    Ann’s Answer

    Your husband needs a Wisconsin lawyer who is qualified to defend his felony and his DUI. The sooner he hires one, the better as it will cost the same, usually, whether he hires an attorney now as opposed to later but that lawyer can start working for him now. You never know what evidence may be out there (videos) and what may get lost through the passage of time. Good luck!

    See question 
  • Can a lawyer help me

    I got a DUI in 2004 in Colorado I'm trying to get my license back Colorado DMV won't reinstate me until I do classes I travel and work it is hard for me to finish the classes because I go from state to state is there anyway A lawyer can help me ...

    Ann’s Answer

    I agree with Mr. Rosmarin. The only way to get your classes done is to arrange to do them. There is a treatment provider essentially on each street corner so just contact many of them to fine one which offers classes when you can take them. Make sure the treatment provider has a reasonable policy regarding absences which also allows you to make up classes to try and anticipate your schedule and that there will be times you simply are out of town. Good luck.

    See question 
  • Can I ask the judge if I can drink while on probation?

    I had a non-alcohol related offense and pled to 2 years of probation. My public defender said they would not bother me about alcohol, but it turns out I have to do a UA call-in every day! I just do not understand how this can be. Can I ask a judge...

    Ann’s Answer

    While I agree with Mr. Harkness, I am interested in knowing what you pleaded guilty to. You say it is non-alcohol offense, what did you plead to? I am used to people being on "monitored sobriety" after having pleaded guilty to a DUI or a DUID. So, did you plead to Driving Under the Influence of a Drug? Were you intoxicated during the offense? Aside from being able to drink while on probation, it gets expensive doing the UAs and a pain to have to call in each day. Good luck.

    See question 
  • Can they do that ??

    A man arrested for probable cause of theft .. Ex fiancé called in 3 months later after an incident but now realizes it was gone. Talked to the police station and they won't allow bonds !! Can they do that ????

    Ann’s Answer

    While I am happy to respond to your question, it really is unclear to me what the facts are. Please expand a little more. When was the person arrested? What do you mean, someone called in three months later, what is the significance of that? "after an incident but now realizes it was gone....." what are you talking about? Same with the last two sentences. Really unclear what the question is you need answered. Thank you.

    See question