Question

  03/17/13, 12:12 pm
I currently am on probation for dwai. I served a one month deferred sentence from a year. I have no license but was driving and got pulled over doing 25 in a 35 i was not intoxicated just speeding and driving without a license.. Will I have to go back to jail for my year sentence now since I got the ticket. It was in Northglenn Colorado. I served my time in Adams county. Thank you for your help.
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United States   |   Colorado  |  Drunk Driving & DUI Law
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Answer

Christopher Kendrick Says:

Mar 22,2013 2:27 PM

The answer is maybe. The issue is that you now have a Driving Under Restraint charge, and your restraint (originally) was for alcohol. That carries a minimum of 30 days jail if it is a first offense. Secondary to that is, that if you plead guilty to the DUR charge, it will likely revoke the deferred judgment and send you to jail for the suspended sentence. You seriously need to consider hiring an attorney to help you through this, or apply for a public defender (if you cannot afford an attorney) BEFORE you do anything else.

Nothing in this communication should be considered legal advice. Nor should this communication lead you to believe that an attorney-client relationship has been created. Only after thorough analysis of your case with you in my office can I provide effective legal advice on your specific issue.


Christopher Kendrick
Lubchenco, Kendrick, & Baldridge, LLP
2222 South Albion Street, Ste. 360,Denver, CO 80222
720-644-6413
http://www.lkb-law.com

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