Skip to main content
Ann Toney

Ann Toney’s Answers

314 total


  • In Colorado, can the affirmative defense of drinking after driving be used if driver refuses BAC?

    In Colorado, can the affirmative defense of drinking after driving be used if driver refuses all BAC tests? Bartender told PI driver entered bar, appeared sober, did not smell of alcohol, and drank 3 drinks while awaiting police response after 5mp...

    Ann’s Answer

    The short answer to your question is, yes, "drinking after driving" defense can be used. That being said, there are a lot of considerations when considering defenses. From your brief statement the defense could be valid.
    What I would do if I were you is contact the District Attorney's Office and request your "discovery". THEN after you get it make a couple of appointments with DUI attorneys who offer free consultations and go over the discovery and your version of events. The attorney will probably have some questions that you may not have considered. Good luck!

    See question 
  • What can i expect for a 2nd infraction after a first DWAI 13 years ago and this 2nd I refused the BAC test?

    I was pulled over and charged wreckless driving, however no accident, damage or injuries. I declined the BAC and did the roadside but did not pass. I have taken Level II DUI classes weekly since the incident and have 9 total completed prior to i...

    Ann’s Answer

    Well, what is also quite important is whether or not the government really has a case against you and you need the Discovery from the prosecution to start that journey. So, I would highly recommend that you request discovery from the District Attorney before you do anything with the DA such as, enter a plea. To answer your question, when you go to court tomorrow get an "offer" from the DA. AFTER you get the offer, tell the Court that you want time to think about the offer and get your discovery. The Court should set your case over for about 30-60 days for this. Sounds like you are doing your Level II Education classes and Pre Trial Services screenings. Those are important. Part of your answer depends on who the DA is, what they offer, and who your Judge is. I would strongly recommend that you make an appointment or two with DUI attorneys who offer free consultations and discuss your case with them. There are too many details that could factor in to address your options on line like this. Good luck tomorrow!

    See question 
  • How can I find out if I can get my interlock device out early?

    I have had an interlock for a drug related DUI for a year now. I reinstated early last year but have to have it until 2018. I'm unsure if the courts imposed the sentence or if it was up to the DMV. My car insurance keeps going up but with the inte...

    Ann’s Answer

    Unfortunately if you received a 24 month Interlock requirement, there is no early termination. Also, it was DMV most likely to require the Interlock. I have not seen courts enter into ordering Interlocks. In Colorado the Interlocks are determined essentially by DMV/

    See question 
  • Can a DWAI be sealed in Colorado?

    I received a deferred DWAI for marijuana 3 years ago (I am a medical patient), I completed my deferred judgement and have not see a cop since. Can this be sealed in Colorado?

    Ann’s Answer

    That is a good question. Unfortunately, I don't think there is enough information in your post for you to get a complete answer. What I would do is, get a copy of your disposition of your case. It should talk about the deferred and length, etc. Then, take it to a local DUI attorney who practices in the court you went to court in. Each jurisdiction it seems addresses DUI sealing differently and it also depends on the disposition of your case. This should give you the most accurate answer to your question. Many DUI attorneys offer free consultations so pick one or two who offer free consultations in your area and take your paperwork to them.

    See question 
  • What would be my penalty?

    DUI with 0.091 accident. No one got hurt. Second test B.A.C. was 0.009. No prior. Over 40 years of driving with no accident.

    Ann’s Answer

    The better the facts are in your favor, the more you need a competent DUI lawyer. Prosecutors only go so far with offers (DUI or DWAI most of the time) so if you have facts which may warrant a non-alcohol offer, then I believe you will need good representation to get that better offer. Having said that, your breath results not clear from your post. When being tested on the Intoxilyzer you do have to make two blows. Are you telling us that the first blow was .091 and then the one after it, was .009? Or are you talking about one of those blows being on the hand held PBT?? Please make some appointments with some DUI attorneys (most consultations are complimentary) and get a lawyer on board to get your best outcome. Good luck!

    See question 
  • Defense for violating interlock restricted license

    Charged with driving a vehicle without an ignition interlock while I have a interlock restricted license. Have not gone to court yet but I get my reinstated license before the court date. Could any point or argument be made if found guilty as to k...

    Ann’s Answer

    • Selected as best answer

    It is good that you will be reinstated by the time you go to court. That is good. What I would strongly recommend is to get the very best outcome, hire a lawyer and let him or her work this out with the prosecutor for you. The good thing is you do have something to offer such as a reinstated license and there may be extenuating circumstances upon which you drove the unauthorized vehicle. I don't know. I think it is hard for prosecutors to simply ignore what you did and expect the best outcome. Hiring a lawyer in this situation though may be the way to work with the prosecutor to see what needs to happen in order to get the very best offer. I do not always recommend hiring a lawyer and in this case I think you may squander a good fact by trying to go in on your own and work out this case.

    See question 
  • Is international travel allowed on probation?

    I paid for a trip back in January and it's supposed to happen next month. I have court this week for a dui. So far everything I've looked at says I would be denied going. Am I completely out of luck?

    Ann’s Answer

    It sounds like your case is still pending. You can ask the Court/Judge for permission to travel.
    There are steps that really need to be taken. If you have a lawyer, he or she should help you.
    If not, then prepare a letter for the Judge and in it give the Judge the following information:
    1. Dates of travel
    2. Address of where you will be staying while gone
    3. Whether or not you are on bond.
    4. If you are on bond, you need to get a "consent of surety" from your professional bondsman. If a friend paid your bond, then get a letter from your friend saying that he or she will stay on your bond and they give their permission to travel outside of the country
    5. Tell the Judge you will sign a waiver of extradition (the court clerk has these and you can sign it in court)

    I have never had a problem getting permission to allow my clients to travel out of state or the country.
    Good luck.
    Ann Toney

    See question 
  • Can i have a lawyer request a retest on my blood level to see if it will go down? Even though i was convicted 6mnths ago?

    I have a dwai. My alcohol lvl was .195 Can i have a lawyer request to retest my alcohol lvl and if it were to go down would that change my blood lvl according to the dmv? Since it was .195 i have to have interlock for 2 years. If its requested r...

    Ann’s Answer

    I agree with my colleague John Buckley. If your blood result went down to below .15 then that would change the length of time you would have the interlock. That is if you have not already had the DMV hearing. You can also order your own blood re-test by contacting Rocky Mountain Instrumental Lab in Fort Collins and asking for their help in getting your blood tested by them. Talk to you lawyer. Your criminal case in court is separate from your DMV case and If the government offered you a DWAI when you have a.195 blood result, that appears to have been a generous offer. Good luck.

    See question 
  • How high are my chances of jail after a first time DUI?

    I am facing a Dui charge and reckless driving. I crashed into a pole and the pole won. The pole has maybe a dent in it. My car is totaled and I was able to walk away with small scratches from the airbags going off. I bailed myself out and this is ...

    Ann’s Answer

    First off, you simply cannot rely on posting to AVVO and getting solid advice on this DUI of yours. You need to make some appointments with DUI lawyers to discuss your case. Based on what you said though, your alcohol level of .08 or so will not trigger any mandatory jail. The prosecutors in Denver though like to offer "jail" when there is an accident. There are ways to handle that and one of them is to substitute "in home detention" for actual jail. So, there is nothing in your post to make me think you will have to go to jail. Again though, these cases can be more complex than what can be discussed here so please make an appointment with some DUI attorneys and get more educated on your charge and possible consequences. Good luck.

    See question 
  • What is going to happen with my PO, is she going to give me a hard time/decline my medical card?

    I am enrolled into the PTI program in New Jersey this past January of 2016 for getting arrested in July 2015 with marijuana. I currently live in Colorado, I have an appointment to talk to a medical marijuana doctor about possibly receiving a Medic...

    Ann’s Answer

    First, clarification, while you were arrested in New Jersey you are now living in Colorado and are being supervised by Probation in Colorado? Essentially while you may hear or read differently, most jurisdictions, meaning Judges and Probation, do not allow you to use medical marijuana while on probation. I see you are writing from Silverthorne, CO, I do not know what the probation office there does. You can take to your probation officer medical records of your ailments and why you use medical marijuana, and you do need to get a Medical Marijuana card if you are talking about trying to use medical marijuana while on probation. Depending on what that jurisdiction's policy is and who your judge is, there is a chance you will not be able to use Medical Marijuana while on probation. You can at least try though.

    See question