1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

2 Charges: Drove a vehicle without interlock device & Driving under revocation

Discussion in 'DUI, DWI, BUI, Drunk Driving' started by 303colorado, Apr 10, 2020.

  1. 303colorado

    303colorado Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    Colorado
    First of all I am an idiot, and I understand that. But I am seeking advice or what to expect in my upcoming court dates. I was charged with a DUI (first offense) on 3/31/2016. Due to a very high BAC of .298, I was charged as a habitual drunk driver. With help from an attorney, I was sentenced 10 days work release, track C classes, and probation. I completed all classes and probation successfully, and got an interlock installed in my car to remain there for two years. After a year I had my review and was informed that I would need my Interlock for an additional year. This was due to messing up 3 of 12 months due to alcohol stopping me from starting my vehicle. These were all low BAC's from the morning after drinking. One of the three months failed due to another person driving my car, so I requested a DMV hearing. I had a call-in hearing and my interlock extension was reduced from 12, to 4 months. Further down the road, (12/12/19), I made a decision to drive my girlfriend's car because she had woken up extremely ill and had been vomiting all morning. Her car was our only available transportation to work that day, and she was unfit to drive us safely. This was my first time driving another person's car since my DUI, and with my luck, a State Trooper in a Hazardous Waste Truck was at the end of our road. He motioned me over with his finger, so I pulled a u-turn over double yellow lines, and parked behind him. I was allegedly doing 25 mph in a 20 mph zone. I explained to him my reason for driving and he issued me a warning for the speeding, and a summons to appear in court for driving a car without an equipped interlock. I was handed back my license and my girlfriend and I switched seats. I was never informed that my license would be revoked until my parents received a letter from the DMV at their home, weeks later. My court date was scheduled for 3/18/20 but was later moved to 6/18/20 due to Covid-19. I had my interlock removed a month after, and my car remained parked. After I was laid off from my job because of the Covid-19 outbreak, I went bankrupt and decided to sell my car. I found an interested buyer in Denver. Out of desperation, I decided to drive my car from my house in Silverthorne, down to Denver, in attempt to meet the potential buyer. I sped up to pass a car with hazards flashing and came around a corner to see two State Patrol officers. I was going WAY to fast, like a total idiot. I was pulled over clocked at 63 mph, in a 40 mph zone. I was issued a summons for speeding, expired tags, no insurance, and driving under revocation. I now have another court date set for 5/18/20 (before my original court date). I'm obviously in deep trouble, what kind of fines and jail time could be estimated with this? Is there any way to fight jail time? Is this a case that a lawyer/attorney would be worth hiring, or am I completely screwed either way? Just trying to wrap my head around the stupidity of my actions. If a lawyer is worth hiring I will be seeking one immediately and could also use advice on a trust able lawyer in Colorado. One case is in Jefferson County, the other is in Summit county. Thanks for reading, any help is GREATLY appreciated!
     
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,250
    Likes Received:
    1,908
    Trophy Points:
    113

    Jail time is unlikely, especially with current health concerns.
    Expect significant fines and a lengthy suspension of your license.
    There isn't much a lawyer can do to help you here. Your multiple offenses make it difficult to argue to reduce the charges, and anything you might have saved in fines would be paid to the lawyer, if not more.
     
  3. army judge

    army judge Super Moderator

    Messages:
    32,716
    Likes Received:
    4,910
    Trophy Points:
    113

    Your driving privileges will probably be revoked for a couple years.

    You'll have great difficulty obtaining auto insurance that is affordable when you eventually get released from the penalty box.

    You'll likely be required to have another alcohol detection lock device when you can LEGALLY drive again.

    There also remains a slim possibility of jail (maybe prison) time if the judge takes your behavior as a slight against her/his past leniency towards you.

    If I found myself in your predicament I'd be seeking legal counsel.

    If you do receive jail (not prison) time, it'll probably be a few weekends only allowing you to be employed during the week.

    Your fines, court costs, and fees will be legendary.
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    8,201
    Likes Received:
    2,179
    Trophy Points:
    113

    Write the following:

    "I'm an alcoholic. An habitual drunk with no control. A few months in jail being somebody's b-i-t-c-h may convince me to get treatment and counseling."

    If you can't or won't write that, then you are a hopeless drunk and still on the way to the bottom where you will be sleeping in alleys near dumpsters, begging for nickels so you can buy cheap booze.

    Don't like this response? Don't think it will happen to you? You're deluding yourself.
     
    Disabled Vet, army judge and justblue like this.
  5. mightymoose

    mightymoose Moderator

    Messages:
    11,250
    Likes Received:
    1,908
    Trophy Points:
    113

    I should rephrase... Yes, you certainly should get an attorney to help you through this, but don't expect miracles. You have too much self-inflicted damage.
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    1,075
    Likes Received:
    536
    Trophy Points:
    113

    Talk to a couple of Colorado attorneys who practice DUI/traffic cases. Perhaps the lawyer you had in the original DUI case for one of them since he/she will already be familiar with that part of the situation. Many will give you a free initial consultation. Listen very carefully to what they tell you as to what the consequences of conviction at trial on the pending charges would be, whether you might have an realistic defenses to present, what kind of plea deal you might get, and what all this will cost you. If jail time is a possibility and you can't afford an attorney, you can apply for a public defender.

    I only know what you posted here. Perhaps when you meet with an attorney and lay out all the facts, show them the judgment from the DUI case and the subsequent extensions, etc., they'll find something that will help you mitigate the damage done here. But just based on what you posted I think it unlikely you'll escape this completely unscathed. However, in Colorado you can likely at least get a deal from the prosecutor that will blunt the worst of it. That's where an experienced attorney may be very useful. A lot depends, though, on the attitude of the DA's office on these kinds of offenses. If you go to trial and are convicted the judge is going to take into account that you repeatedly had trouble following the the probation restrictions before and that won't bode well for getting probation again. After all, if you had that much trouble on probation before, why give it to you again? So you'd want to have a fairly good defense, I think, should you decide to head to trial.
     
  7. shadowbunny

    shadowbunny Member

    Messages:
    41
    Likes Received:
    55
    Trophy Points:
    18
    If you're not already in treatment for your alcoholism, then I suggest you get yourself some treatment NOW. Because you obviously need it, and it *may* help you out with your court cases. Even better, you can get sober before you kill yourself or someone you love.

    And start saving up your $$ now for a bicycle, since that's going to be your mode of transportation for years to come.
     
    justblue, Disabled Vet and army judge like this.
  8. Disabled Vet

    Disabled Vet Active Member

    Messages:
    778
    Likes Received:
    208
    Trophy Points:
    43
    You need a lawyer, treatment and jail time to wake your butt up.... I am thankful that you haven't crashed into a auto hurting someone. You need to wake up …..
     

Share This Page