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Gary F Pirosko

Gary Pirosko’s Answers

59 total


  • I was arrested on a DUI. My breathalyzer was .0456. I took the breathalyzer first then field sobriety test, which I failed.

    My Blood was drawn approximately 45minutes after arrest. I was not read my Miranda rights. I feel as I did not fail the field sobriety test in which the Officer says I did

    Gary’s Answer

    It is very helpful to whomever you hire as your attorney if you word process a detailed chronology of everything that happened immediately before and during your contact with the officer(s). Use one sentence paragraphs with spaces in between. It is best to do this before you read the police report. You can then add to it after you read the report. Taking time to write down who, what, when, where, why and how, e.g., what you had to drink, how much, and when, as well as what questions were asked by the officer, what were your answers, etc., is invaluable.

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  • Got a DUI last month.....involved in an accident....just property damage. 3rd DUI.....last two were in the late 1980s.....

    what is the lookback period for the state of Wisconsin? Will the courts look at the priors even thought they are over 20 years old?

    Gary’s Answer

    It is best to obtain you driving record and meet with a local attorney who dedicates most of their practice to DUI defense.

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  • DUI stop. The time frame a proper investigation should take place.

    I was reading over the police reports form when I was pulled over, there are an absurd amount of mistakes. He said that I failed the roadsides, and even omitted one of the tests he conducted from the report.I told him I was having anxiety attacks ...

    Gary’s Answer

    As a former DUI officer I believe that 20 minutes is sufficient time for the officer to stop and process a driver at the scene for DUI. The amount of discrepancies found in your report indicates that you should contact an attorney who dedicates a significant amount of his or her practice to DUI defense as Defending DUI cases requires a lot of specialized knowledge. Refusing to take a chemical test in Colorado can have twice as many ramifications to your driving privileges because DMV can revoke your privileges if you lose your Express Consent hearing, and then add a suspension based on you accumulating 12 or more points in a 12 month period.

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  • If i wanteded to try and change my probation from co to tx how would i go about it. how would i have to call or would i have to?

    im am going to find out how much prabation i have to go there on jan. 16 2013. im going to be on probation for a dwi, achole classes, and 10 in house detation. i have lived here lived here for 6 months but am from tx and lived there my whole life .

    Gary’s Answer

    If there was nothing aggravating about the facts of your DUI case, i.e., that it was a first offense, with no accident or injuries, and not an extremely high BAC, it is usually not a problem transferring probation to a second state, providing you have served any required jail sentence. Subequent offenses are trickier because you become subject to the provisions of the Interstate Compact for DUI cases. Both states need to agree to the transfer. You should disclose your desires with the prosecutor, Judge and probation officer as soon as you can. If you haven't been sentenced yet in Colorado, there are provisions of the sentencing statute which may benefit you if you live in Texas at the time you are sentenced in Colorado. You should talk to a knowledgable DUI attorney.

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  • Large speeding ticket questions?

    yesterday i was ticketed for going 61 in a 35. yes i know its bad. Im 17 (18 in march) with a clean record! they didnt state how much on the ticket only that i have court on jan. 8th. Im not super concerned at the price but more the points on my l...

    Gary’s Answer

    You could contact the Colorado State Patrol to sign up for an Alive at 25 driving class. You also could wait until you meet with the prosecutor, let the make an offer, and then suggest that you will take the class it they further reduce the points.

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  • What is most likely to be given to me?

    I got my first DUI but i have no license. I agreed to get a blood test and result will be given in about two weeks. The cop told me he stopped me because i was swerving. They sent me to Detox, was in there for about 12 hours. The woman i talked to...

    Gary’s Answer

    The outcome often depends on the exact facts of your case. The best way to proceed may be to call the District Attorney's office and tell them that you want to "make discovery" of your file. You should state that you do not have an attorney, otherwise they will tell you that you need to have an attorney order it. Once you receive the discovery you can start contacting attorneys to determine if you even need an attorney, and if so, which attorney would be the best fit. Sometimes you need the best trial attorney, sometimes you need a good attorney to plea bargain your case, and sometimes you just might want an attorney to stand next to you in court because you are nervous. You obviously could pay an attorney hundreds of dollars to make discovery for you, but that is not necessary.

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  • I have a suspended license in the state of colorado till 2014, I am moving to montana is it possible to get my license there?

    originally lost because of dui, got my license back with interlock, drove for while and had a emergency situation with my motorcycle (was going to get stolen) and decided to get it out of harms way, got pulled over for plate being vertical rather ...

    Gary’s Answer

    The answer is specific to the state that is citing for Driving Under Restraint. For Colorado's answer, look to Colorado Revised statute 42-2-138(4) & (5). Under the Interstate Compact, it is doubtful you will be able to obtain a license in another state while a restraint in another state is still pending. If you lie on your license application in the new state, you might be committing a crime.

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  • 6-point speeding ticket. Take automatic mail in 2-point reduction or go to court? Also, if I hire a lawyer, any chance 0 points?

    Received a 6-point ticket for going 24 MPH over the limit. I have not had a ticket in three years and have a clean driving record... the last ticket I received was for speedingl. Ticket was issued by El Paso County Sheriff's offce in Colorado Sp...

    Gary’s Answer

    Unless you have a rock-solid defense to the speeding you are unlikely to end up with a 0-point violation. You might do better than the 2-point reduction if you appear and negotiate with the prosecutor. You also might have the points further reduced if you attend a traffic school. Most insurance companies will treat minor moving violations (everything more than 0-points) the same. Therefore, if you are not usually getting tickets on a regular basis, you need to weight the time and expense of going to court vs. the convenience of mailing in the plea to the reduced charge. There is no one-size-fits all answer to this question.

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  • I got a ticket for rolling through a stop sign, but they wrote the wrong intersection, dismissible?

    I got a ticket for rolling through a stop sign. I know that I stopped, but don't know for how long. Apparently they like to sit at that sign as another cop pulled over another car right behind me. The officer writing my ticket wrote down the of...

    Gary’s Answer

    If you have an independent witness or other independent proof that you were not at the approximate location, at the approximate time, of the alleged offense written on the ticket, you might have an issue to argue. However, in most instances the court will allow the governmnet to amend anything on the ticket even during trial. Usually you would allow the government to put on their case. After they "rest", having put on all of the evidence they care to present, then you would produce your evidence that you were not at the location at the time alleged. Unfortunately, there is only a small probability you would prevail on these facts.

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  • I fought a traffic ticket. At the final hearing three more were added after.I fought the first.can this be proven as retaliatory

    I received a ticket for failure to yield to a stop sign.I felt the officers was wrong and fought it.at the final hearing I found out three more charges were added resulting in a license suspension. Is this a common practice or can this be viewed a...

    Gary’s Answer

    This is a common occurrence and prosecution tactic to force resolution of cases. The prosecution can add and/or amend charges at almost any oint in the process.

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