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Linda Lee’s Answers

4 total

  • What will my charges be? If I was under 18 at the time first offense as well?

    I got charged for a dui (marijuana) possesion of paraphanelia and driving without a license The keys were out of the ignition the car was in park and pulled over on a sidewalk does that still count as a dui? They gave me a roadside test and I pass...

    Linda’s Answer

    First of all, I would never advise taking a blood test as they are more difficult to beat as they appear to be more accurate as to when you actually consumed the marijuana. However, tehre are experts out there that can combat Cindy Burbach (the State's expert) and argue that someone who consumes marijuana at high levels will have a higher level of marijuana in teh system-especially since it stays in teh system for 30 days. But, tehn it really becomes a matter of a battel between the experts. The reason I mention this is because unless you can ffoprd to retain an expert forensic toxicologist, the only expert will be the State's expert. However, defense attorneys have their ways of cross-examining her.

    Now, the best part about your case is teh fact that the keys were not in teh ignitiion which is required to be considered legally driving in Colorado. Did the police report admit that the keys were not in teh ignition? The HGN test is not 100% reliable (only 77%), nor are any other roadside tests which is why I would encourage everyone to refuse the roadsides. The other interesting thing is that a cop car passed while the officer was administering the HGN- one the weak points of this test includes moving light passing by (headlights from cars, etc).

    YOU REALLY NEED AN ATTORNEY! You actually have several things in here that you can argue should you decide to go to trial.

    Now, regarding your question as to your charges. The answer really depends on your DA. Some DAs may offer you a Baby DUI (Adams county offers this). Weld County used to offer deferred judgments for first time DUI, but I don't know if they do anymore. The most common deal you will be offered will be a DWAI- Driving While Ability Impaired By Alcohol, and if it is your first offense, you'll likely get one year probation. What you will be charged with is Driving Under the Inflouene of Drugs - DUID, carries a one-year sentence.

    I'd research the DUI attorneys in your area and speak with them. DUIs are tough cases to win, generally. Your case actually has some arguable points so I'd advise you to talk to a lawyer. Also, if you are still a juvenile, then you might not be entitled to a jury trial- depends if you are charged as a juvenile or adult. If charged as an adult, better because you get a jury trial. If juvenile, you are not entitled to a jury trial, since it's not a crime of violence,so you would have a court trial which is always tougher to win. Have your parents talk to an attorney who specializes in DUIs.

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  • Can judge order me to stop taking prescribed narcotics & ethyl based topical gel because i am on drug court probation.

    I am disabled with progressive multiple sclerosis. Was busted by DEA for forged RX while my doctor was on maternity leave. Ethyl based gel resulted my UA BIOMARKERS be positive for alcohol. The judge ordered me to stop using prescribed by DOCTOR e...

    Linda’s Answer

    The decision is completely wihtin the judge's discretion. He/she may order you to stop as a condition of probation., especially since it is a drug-related crime. I suggest talking to an atotrney, obtaining a letter from your doctor, and then going back to the judge.

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  • Is it possible to be sentenced to more jail time when already in jail and now restitution payments are in collections?

    My boyfriend got a DUI in 2008, was on probation, violated it 18 months into a 24 month probation, and was sent back to jail for 120 days(remaindering time of suspended sentence). He just got a letter the other day that his restitution payments ar...

    Linda’s Answer

    First, the jail doesn't decide whether he stays in jail longer as that is a decision reserved for the judge.

    If his restitution is in collections, it is unlikely that he will have to go to jail for that since it appears to be at a phase where the court has already entered judgment against him. Yet, if there is an active warrant for failure to comply with the court's order to pay restitution, then he will likely be writted (taken) to the county in which he owes the restitution. After going to that county, most judges just reduce it to a civil judgment against the defendant and let them go. He will still have to pay any restitution. In fact, a lien can be taken out, his wages could possibly be garnished, etc.

    If the court orders him to pay and he does not, then he could be held in contempt and technically could be put back in jail. From what I've seen as a former prosecutor, 9 times out of 10 the judge will just reduce it to a civil judgment against him. Now, to clarify, if indeed he gets out before this matter is handled in court, he may be incarcerated until his court date if he has a warrant out.

    Bottom line: the judge can do whatever he/she wants. If the judge wants to make him do more jail, he will have to BUT any jail time is likely to be concurrent with the jail sentence he already has. this is not child support, it's just restitution. However, depending on the amount owed and for how long, the judge may decide to give jail. however, that's really, really unlikely if it's been sent to collections- it sounds like it's already been reduced to a civil judgment against him.

    Hope this helps.

    Linda Lee, Esq.

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  • What can you do if you already have a DWAI (3 years prior) and a red license. Now received a 2nd DWAI charge

    What are the possible penalties and is it possible to main the red license for work purposes?

    Linda’s Answer

    Which county are you in? I ask this because that can reveal a lot about your likely sentence should you either plead guilty or be found guilty. Did you refuse? What was your BAC? Who is the judge?

    Your concern appears to be more with the red license rather than the actual DWAI, if this is true then you might want to fight this charge because ultimately you are going to be in the same position. If you plead guilty on a second, you will still have to go to a DMV hearing and the hearing officers will decide if you lose your privilege to drive completely or if it will merely be restricted. If you fight, you have a shot at not losing your license completely or extending the time you are under restriction. It is hard to give you advice about your case without reviewing the discovery and your complete driving history.

    Feel free to visit my website at www.leeforlaw.com for more tips on DUI- click on practice areas. Hope this helps.

    Linda Lee, Esq.

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