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USEFUL
PUBLIC SERVICE GRID
DUI CONVICTION
Driving Under the Influence
CRS
42-4-1301(9) |
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| DUI first conviction
- BAC less than
0.200 |
48 - 96 hours |
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DUI first conviction - BAC 0.200 or
greater |
60 - 120 hours |
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DUI conviction - prior DUI, DEAC or any prior DUR
conviction |
60 - 120 hours |
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DUI conviction - prior DWAI
conviction |
56 - 112 hours |
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USEFUL
PUBLIC SERVICE GRID
DEAC CONVICTION
Driving with Excessive Alcohol Content
0.08 or more grams of alcohol per 100 ml of blood or 210 liters of breath
CRS
42-4-1301(9) |
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| DEAC first conviction
- BAC less than
0.200 |
48 - 96 hours |
| DEAC first conviction - BAC 0.200 or
greater |
60 - 120 hours |
| DEAC conviction - prior DUI, DEAC or any prior DUR
conviction |
60 - 120 hours |
| DEAC conviction - prior DWAI
conviction |
56 - 112 hours |
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USEFUL
PUBLIC SERVICE GRID
DWAI CONVICTION
Driving While Ability Impaired
CRS
42-4-1301(9) |
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| DWAI
first conviction - DWAI charge - BAC less than
0.200 |
24 - 48 hours |
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DWAI first conviction - DUI charge - BAC less than
0.200 |
24 - 48 hours |
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DWAI first conviction - DWAI charge - BAC 0.200 or
greater |
24 - 48 hours |
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DWAI first conviction - DUI charge - BAC 0.200 or
greater |
60 - 120 hours |
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DWAI conviction - prior DWAI
conviction |
48 - 96 hours |
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DWAI conviction - prior DUI or prior alcohol DUR
conviction |
52 - 104 hours |
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NOTE: If
the BAC is 0.200 or greater and you were charged DUI but pleaded or were found
guilty of DWAI, by statute the court must impose fine, public service and jail
sentences according to DUI provisions, not DWAI provisions. CRS 42-4-1301(9)(b)(IV)
NOTE: Useful public service statutory
ranges also apply to deferred prosecution and deferred sentence agreements. CRS
42-4-1301(9)(c)
Regarding cases in El Paso County, please refer
to
VICTIM
IMPACT PANEL PAGE for additional information
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DMV
PROCEEDINGS & DRIVER LICENSE
MATTERS
LOSS OF COLORADO DRIVING PRIVILEGES |
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Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the District Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon final order in the District
Court, either party make take the case on appeal to the Colorado Court of
Appeals. Refer to links for additional information. |
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** NOTE:
Effective December, 2004 public service in El Paso County must be completed under supervision of an
approved
agency with insurance on the worker. The court will not give credit for
public service completed outside supervision and will not accept verification
other than through the supervision agency. Chief judges of other
counties may have instituted similar blanket orders. |
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Regarding completions forms:
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Current
Clients will be provided with verification forms containing
name and case number.
Current clients may print any
above linked form for individual but not commercial or law office use.
Files are password restricted.
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Former
Clients and Non-Clients may
print and use any linked verification form identified
in blue.
Former & non-clients do
not have permission to print or otherwise use any linked
verification form identified in red.
This restriction is not any inconvenience - it merely removes my name from
the caption of pleadings and thereby avoids any possible confusion to the
court or prosecutors. Otherwise, the Current
Client or Former Client and Non-Client
forms are the same.
Former & Non-Client limited
permission to forms identified in blue
extends to individual but not commercial or law office use.
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Use of any form shall
not constitute representation, nor shall it be considered an
appearance of counsel in any litigation
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THIS WEBSITE IS
PUBLISHED AS A COURTESY BY A PRIVATE ATTORNEY
NOT
VIP-MADD,
AA, ALCOHOL EDUCATION PROGRAM OR PUBLIC SERVICE AGENCY
I welcome representation
inquiries, but please don't call thinking this office provides identified
community resources |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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I
welcome representation inquiries however please refer to
first
consultation - the purpose is not to provide free legal advice to the
general public. Unless seeking to retain counsel, please do not email or
call. I do not provide legal opinions, answers or information in response
to questions submitted from non-clients. Given the scope of internet
accessibility I can not be the free "Colorado answer man" and will
politely decline.
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ALTERNATIVES
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FIND
A LAWYER |
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if
you are seeking the below
please refer to above links for helpful information
sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your case and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or criminal case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
traffic or criminal case. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, meritorious issues
& rulings. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client.
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This
includes plea to
domestic
violence or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
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CASES
OUTSIDE EL PASO COUNTY
ECONOMIC CONSIDERATIONS
Geographic Distance - Travel
Time, Mileage and Expense
Colorado is a big
state. Ease of internet access, email and toll free phone doesn't change
that fact. |
Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware
travel
time, mileage and expense would apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing.
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If
travel is necessary, a
trust
deposit
would be required to cover anticipated travel time, mileage & expenses. If it is not economically justifiable to retain my
services with travel,
please contact counsel in the locale of your case. |
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FIND
A LAWYER
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I welcome new cases.
Intent is not to be harsh or to discard potential new business, but to be
practical. |
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| ATTORNEY TRADE AREA |
| COUNTIES |
CITIES / TOWNS |
COUNTIES |
CITIES / TOWNS |
| El Paso County |
Colorado Springs / Fountain |
Pueblo County |
Pueblo |
| Teller County |
Cripple Creek |
Fremont County |
Canon City |
| Chaffee County |
Salida |
Custer County |
Westcliffe |
| Park County |
Fairplay |
Huerfano County |
Walsenburg |
| Douglas County |
Castle Rock |
Las Animas County |
Trinidad |
| Arapahoe County |
Littleton |
Crowley County |
Ordway |
| Arapahoe County - East |
Aurora |
Otero County |
La Junta |
| City and County of Denver |
Denver |
Bent County |
Las Animas |
| Jefferson County |
Golden |
Las Animas County |
Trinidad |
| Adams County |
Brighton |
Alamosa & Rio Grande |
Alamosa & Del Norte |
| Elbert County |
Kiowa |
Costilla County |
San Luis |
| Lincoln County |
Hugo (county seat) / Limon |
Conejos County |
Conejos / Antonito |
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please
feel free to call or email if you are a client or are seeking representation
FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter
Secure On-Line
Payment
    
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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
Copyright © 1988
- All Rights Reserved - Document
Revised: January 14, 2008
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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