While a DUI citation initiates a criminal proceeding against you, it also initiates an administrative proceeding against you in the DMV. However, a blood alcohol level below 0.08 will not result in this type of revocation.
If you chose and failed a breath test, or if you refused a chemical test, you have seven days from being ticketed to request a hearing regarding the suspension of your driving privileges. If you chose a blood test, you will need to wait until you receive a letter in the mail from the DMV to request your hearing. When you request your hearing, you will need to decide whether or not to request the officer’s presence. If you request the officer’s presence and he does not appear, then you will win your hearing. However, if you request his presence and he does appear, he will testify regarding the stop and his observations following the stop. Whether or not to request the presence of an officer is a decision you should make after consulting with an attorney. At your hearing, the hearing officer will give you or your attorney an opportunity to make legal arguments. What defenses are available to you will depend on the particular facts and circumstances of your case. However, some possible defenses include:
No reasonable grounds for stop
Grounds for stop evaporated prior to cop finding out anything incriminating
No probable cause to require testing
You were not the driver or were not in “actual physical control” of the vehicle
Missing documents
It cannot be established that the chemical test was administered within 2 hours
Scheduling errors
Police misunderstanding the difference between Deficient Sample and invalid sample or invalid test
Drinking after driving concluded
Retest of enormous variance, even if higher
Mouth Alcohol contamination
Issues relating to noncompliance with the board of health regulations.
If you have been charged with a DUI or DWAI and are looking for representation at your DMV hearing call Kimberly now at (720) 257-5346 for a FREE 45 min consultation.
Parenting is tough. There are so many ways that parents question themselves when it comes to raising their kids. Sometimes the matter is far more complicated than it may seem.
When abuse enters the picture, then the justice system in Colorado will get involved. When that happens, parents can face many consequences – including losing their kids.
Still, child abuse isn’t as cut and dried as one may think, since
Often, people are confused about the difference between certain types of crimes because they sound so similar. Two of those crimes are sexual assault and unlawful sexual conduct.
Sexual assault is a crime that many people are aware of and there are seemingly consistent legislative updates surrounding this type of crime, but unlawful sexual conduct doesn’t get as much discussion. That is, until recently.
Identity theft doesn’t simply happen in one way. In fact, there are at least a dozen different offenses that are classified as identity theft in Colorado. That includes unemployment fraud – something Colorado is taking extra steps to prevent as many people file unemployment claims.
Following a rash of false unemployment claims, the Colorado Department of Labor has instituted a new ID verification system. It is designed to combat the
