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I make to much for a public defender but not enough to afford an attorney what should I do for my DUI case.

Littleton, CO |

I was pulled over for speeding and admitted to having 2 beers about an hour and a half previuosly. I was asked to give a breath or roadside and declined but offered a blood sample, but when i got to jail the officer told me that since i refused the tests that it was a mandatory 1 year loss of license, but I offered a blood specimen. The officer told me that it was to late and would be up to the nurse. I explained to him that he never told me it would be a one year loss of license for refusal and that I offered a blood specimen. He said once again sorry it was to late and that it would now be up to the nurse and her supervisor. HELP

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Attorney answers 6

Posted

If you truly cannot afford a DUI attorney, this is going to be very challenging for you. DUIs are very technical cases and the DMV rules and procedures are likewise. This sounds like a very defensible case and with a decent potential issue with DMV.
My advice is to call a few of the DUI attorneys on this site. Some of us do slow pay or low pay sliding scales because we feel it is important to help people. Not everyone does and it will still cost money, but may be done in a way that can fit with your income level. I spent five years as a public defender because helping all people, even those who couldn't afford attorneys is important to me. Part of that mindset continues now in private practice. I try to help and I know there are others who feel similarly. Contact a few of us to see if anyone can help you with your specific situation. Your case sounds like a case that should go to or at least strongly be considering trial. You just can't do it alone.
Note that I am not saying people will do this pro bono. Attorneys, like everyone else, need to pay their bills. Some of us though would work with you if you do have some income and ability to pay.
Good luck and feel free to call or email with any questions.

Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-client relationship. If you are interested in a free consultation, please contact us at 720-644-6413.

Posted

If you don't qualify for the public defender, you need to hire an attorney. This is one of the biggest problems you have in your life right now. It is going to affect you for some time. You need to do everything you can to borrow or raise the money to address it. Your other choice is to plead guilty and ask the Court for a lenient sentence. There really is no third option. You cannot win at trial representing yourself.

You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

Posted

Colorado law requires drivers in your situation to cooperate with the police so that your blood or breath aample can be taken within two hours of driving. Apparently you and your cop disagree on whether you cooperated. Was anybody else there? Did the cop use his radio in this stop, in a way that might support your statement? (there are recordings of his exchanges). Was the stop at a shift change (cops hate to stay late for completion of blood tests)?

Can you afford not to have a lawyer?

Asker

Posted

Yes sir, I had a gentlemen in the car with me who had not been drinking and that the officer let go, and the gentlemen heard me refuse the breath and roadside but ask for blood

James A Reed

James A Reed

Posted

Make sure your lawyer knows about this and how to reach hiim.

Asker

Posted

Do you know if the officer is supposed to inform me of the loss of license for refusal, at the roadside, or if they should have taken blood,urine, or breath, either entering or leaving the jail

Nicholas Lubchenco

Nicholas Lubchenco

Posted

You are supposed to be informed of the loss of license and given the option of breath or blood. This must happen at such a time as to enable the chosen test to be done within 2 hours. You have every right to refuse the roadside tests with no consequence for your license. After that refusal to do roadsides, if they still arrest you, then they should advise you of express consent, meaning that you must take a breath or blood or face a one year revocation of your license.

Asker

Posted

and if not informed until the officer was leaving the jail, and that was the one and only time informed, never at the scene

Nicholas Lubchenco

Nicholas Lubchenco

Posted

That's a problem for them sustaining the revocation and makes for a great fact at trial showing that you were sober and more than happy to take test. Of course, the hearing officer must find that your version of events is what occurred and your attorney should know how to use your events to do well at trial. The location doesn't matter as much as that you get to pick the test and especially if you did so the first time you were informed of your options, they need to take you to perform that test, barring exceptional circumstances that don't appear to be present for your case. Bottom line is that you really need to get an attorney to help with all of this. Even if every attorney on here answers every question, you just aren't going to have the expertise and training necessary to make the most out of the good issues that you have. One last thing, you need to request a hearing with dmv within 7 days of being arrested. If you don't, your revocation is very likely to stand.

Asker

Posted

Yes sir i did that the day after i was released and requested that the offcier be present as well

Nicholas Lubchenco

Nicholas Lubchenco

Posted

Great. That's exactly the right move.

Posted

Many attorneys, such as myself, will accept a case with payment plans. credit cards allow for automatic processing, and make securing payment easier for those wh cannot afford to pay large amounts of cash to make an attorney retainer deposit.

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. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/

Posted

Assuming that you actually HAD refused to submit to chemical testing, you are allowed to "recant" your refusal. If there was already a nurse there, they certainly could have drawn your blood.

The court and/or the DMV will look to not just your words but also your actions regarding the "refusal" to submit to testing.

As other attorneys have mentioned, many of us will work with a payment plan. You need help with your case. Do not attempt to handle this on your own.

Best of luck to you.

John Buckley

No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.

Posted

There are frequent lists at courthouses of attorneys that accept payment plans or operate on a "Slow Pay/Low Pay" basis. One main mistake, however, is to proceed on your own.

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