DWAI deferred in sep 2012. This month is the last one of probation. Do I need to apply for affidavit of compliance or attend court date in step 2013? Do I need to both or either one of those? Also in Colorado are successful deferred dwai's eligible for expungement?
Thanks much in advance
DUI / DWI Attorney
With regard to our last question regarding expungement, you may find this recent Colorado ruling helpful, as it appears that DWI cases specifically cannot be expunged even after completing a deferred judgment: http://www.courts.state.co.us/Courts/Court_Of_Appeals/Opinion/2012/11CA1815-PD.pdf.
Contact your attorney if you had one or the court if you didn't regarding the steps you need to take to "close out" the deferred judgement, if any. Sometimes they close automatically without any further appearance, but every jurisdiction is slightly different.
Criminal Defense Attorney
I read the Harte case when it was released, and agree with Mr. Patrin that DUI/DWAI deferred judgments (which are rare) cannot be sealed, as the sealing statute specifically exempts them from eligibility to seal.
You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 1733 High St. Denver, CO 80218 (720) 722-2050 http://www.solomonesq.com/
DUI / DWI Attorney
Check with the Probation Officer and also I would make sure Clerk's Office had proof whether from probation officer or just in court file:
Proof of completion of any ordered Useful Public Service (a/k/a Community Service)
Proof payment of all costs, fines, fees, etc. for both Court and Probation
Proof of completion of all treatment that was ordered (i.e. Level I, or Level II Education or Therapy)
Proof of completion of MADD panel or any other requirement the Court ordered
You may think that all this was completed and the Probation officer will take care of this. One of your questions was what you need to do. You may want to appear on your court date to be sure your case gets dismissed. An ounce of prevention is worth a pound of cure should something go amiss. Congrats on your deferred completion!!
Ann Toney, P.C. is a law firm in Denver, CO defending DUI, DUID, and marijuana drug charges.
DUI / DWI Attorney
Mr. Solomon and and Mr. Patrin are correct about the Harte case; however, that case was recently granted Cert by the Colorado Supreme Court so we are hopeful that the Supreme Court may render a different opinion and that successfully completed deferred judgments may some day soon qualify for sealing/expungement. Keep an eye out on hos this case plays out over the next year.
As Ms. Toney said, make sure your PO has submitted everything to the court showing that you have completed and required terms and conditions and you should then be good to go.
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