Misdemeanours And Traffic
As both a misdemeanour and traffic defence attorney and former Deputy District Attorney, Taggart H. Howard has handled hundreds of misdemeanour and traffic charges in Colorado. If you have recently been arrested and charged with any type of misdemeanour or traffic offence, contact Causey & Howard, LLC for a complimentary consultation.
Traffic infractions are the lesser violations that typically result in a simple traffic ticket. Traffic infractions include speeding (traveling less than 20 mph over the posted speed limit) and failure to stop for a red light or stop sign. Traffic infractions can negatively impact your driver’s license and your car insurance; especially if you have prior offenses on your driving history.
There are many misdemeanors and traffic offenses commonly charged in Colorado, all of which carry a potential sentence to county jail.
|Third Degree Assault||Harassment||Menacing|
|Criminla Mischief||False Imprisonment||Domestic Violence|
|Assult on a Peace Officer||Resisting Arrest||Obstructing a Peace Officer|
|Theft / Shoplifting||Child Abuse||Reckless Endangerment|
|Illegal Weapons Offenses||Minor In Possession||Driving Under Restraint (‘DUR”)|
|Driving Under Suspension (‘DUS”)||Habitual Traffic Offender||Careless driving(‘DUR”)|
|Reckless driving||Leaving the scene of an accident||Eluding a police officer(‘DUR”)|
A Driving Under Restraint charge (where the license was restrained for a prior alcohol offense), for instance, can carry up to one year in jail. In addition to criminal penalties, a conviction or guilty plea can result in suspension of your driving privileges or a steep increase in your car insurance rates. The impact of a traffic offense can be even more severe for truckers and professional drivers, as a commercial driver’s license (“CDL”) suspension may mean the loss of one’s livelihood.
Why should I hire a Drunk Driving Defense lawyer?
We recommend hiring a drunk driving lawyer in Vail, Colorado if you have been charged with driving under the influence (DUI). DUI is a serious offence and could cost you heavily in fines and involve jail time. You can also contact a drunk driving lawyer in Vail, Colorado if you or a loved one is in an accident caused by a drunk driver. A qualified and experienced attorney can help in several ways. It includes representing you at hearings and providing counsel to reduce or dismiss the charge. They can help you file any necessary paperwork, such as insurance forms and motor department forms.
First Offense DUI
There are several scenarios if you’ve been charged with DUI for the first time. The judge may revoke your license, sentence you to jail, or impose hefty fines. It also means that you now have a criminal record for life. A DUI attorney can provide valuable guidance in this situation.
Second Offense DUI
You are charged with a second offense DUI if your blood alcohol percentage exceeds the legal limit, and you’ve been convicted for DUI in less than 5-years. The repercussions of a second DUI are much more severe. You could permanently lose driving privileges and sentenced to a mandatory jail term.
An aggravated DUI charge increases the penalties owing to special situations that deem you a danger to others. They may charge you with aggravated DUI if the alcohol percentage is way higher than permissible limits. Other scenarios include the presence of minors in the vehicle, speeding, and many previous DUI convictions.
You are charged with extreme DUI if your blood alcohol level is many times greater than the limit. It carries a mandatory jail term ranging from 30-days to several months. It leads to hefty fines with the suspension of a driver’s license and probation. Installation of a vehicle interlock device is mandatory.
How can a Drunk Driving lawyer reduce charges?
An experienced DUI lawyer is aware of the legal tenets that impact the outcome of a DUI charge. You can choose to go with a public defender or a private attorney, depending on your income bracket. The lawyer examines the circumstances of the DUI arrest and the evidence presented to the court. Evidence could be results of a breath, urine, or blood test. Your attorney can prove that the results collected are unreliable or mishandled. They can help in charges involving property damage and possession of controlled substances. Contact a DUI attorney immediately if the DUI charge involves a minor.
Q. What is a DUI?
Driving under the influence (DUI) is a crime that involves driving a motor vehicle after consuming alcohol. The state prescribes a permissible limit considered safe for operating a vehicle. Any value exceeding this limit constitutes a DUI offence. They determine it by measuring the alcohol concentration in the blood. It’s commonly measured using a breath analyzer or urine test.
Q. What happens when they charge with DUI?
The outcome of a DUI charge depends on the seriousness of the case. The arresting officer issues a ticket/court date before taking you to a police station. Depending on the DUI charge and blood alcohol concentration, you could pay a hefty fine, lose driving privileges, or they may even send you to jail. Contact a DUI attorney in Vail or Avon, Colorado for help with a DUI charge.
Q. Will I lose my license?
The state suspends your license temporarily from a few months to a year on the first DUI charge and much longer for a second offence. Even a DUI charge without a conviction might face a license suspension. Depending on the state to state, the duration and enforcement of the license suspension vary. An Avon DUI lawyer in can help you with license reinstatement.
Q. Can I challenge a DUI case?
Yes, DUI cases can be challenged and won, based on circumstances and evidence during the arrest. You can challenge the legality of the officer who stopped you, the field sobriety tests, the test results, and many other pieces of evidence. An experienced DUI lawyer in Vail, Colorado, can evaluate the evidence and any constitutional violations for a DUI case dismissal.
Q. If convicted, what are the types of penalties that will be imposed?
A DUI conviction is a serious crime and could include penalties ranging from fines to jail time. The first DUI conviction usually entails a fine, driver’s license suspension, and probation. The second and subsequent DUI convictions may involve increased fines and longer jail terms. Apart from community service and rehabilitation sessions, Alternate punishments could include counselling or other similar programs.
Q. Do I have to take the blood test?
Submitting to a blood, urine, or breath test is not mandatory. The constitutional framework protects you from obliging. However, the arresting officer can seek a warrant to perform them. Refusal to submit to any of these tests leads to an automatic suspension of your driver’s license. The laws and repercussions of not submitting to a test vary from state to state.
Q. Do I have to go to jail for a DUI?
Jail terms for a DUI charge depend on the seriousness of the case. They may send you to jail if the current DUI conviction is a repeat offence. It’s also handed in the case of death or grievous injuries to other parties resulting from your intoxicated driving. Four prior DUI convictions lead to incarceration in state prison.
Q. How can I get the license back after DUI?
A DUI lawyer can assist you with getting your license back after a DUI conviction. They will usually provide you with a temporary license with a ten-day validity. You need to request an administrative hearing to begin the process of revoking the license suspension. A DUI lawyer in Avon & Vail handles the necessary paperwork and challenges the license suspension.
Q. Do I have to take the Field Sobriety Tests?
It is your constitutional right to refuse field sobriety tests when pulled over by an officer. They perform these tests to check if you are under the influence and impaired to drive. Common tests include a one-leg stand and horizontal gaze nystagmus. Your likelihood of winning a DUI case drops if you take these tests and fare poorly.
Q. How long will the DUI charge Stay?
Unfortunately, a DUI charge stays for the rest of your life against your record. It is considered a permanent conviction once you plead guilty. Some states allow some DUI charges that were dismissed for being expunged from a criminal record. Always plead guilty to a DUI charge only after exhaustive consultation with an experienced DUI attorney in Vail, Colorado.
Q. How long will it take to resolve a case?
The time taken to resolve a DUI case could range from a couple of months to a year. A case on trial generally takes longer. It hinges mainly on the facts and circumstances surrounding your case. Being co-operative and courteous to the arresting police officer often goes a long way in reducing the case duration.
Q. Can they arrest me for DUI when the car is parked?
Yes. It is of no consequence if the vehicle is in motion or stationary as long as you are behind the wheel and impaired owing to alcohol consumption. Certain factors may be considered by a jury to determine your guilt, such as the car and driver location.
Q. Can you still drive after getting arrested in the DUI charge?
Your driving license could be suspended for any duration ranging from a month to several years, depending on the severity of the case. It also depends if this is your first DUI charge or you have prior convictions. You are issued a temporary license valid for 30-days and have 10-business days after your release to counter-argue the suspension.
Q. How much will you charge for the case?
For most DUI charges, a law firm will charge you a flat fee that includes representing you as well as the DMV hearing. There will be additional legal charges if your case goes for a trial. Your Avon DUI attorney will prepare all legal paperwork on your behalf and even avoid your need to be present, if possible.
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Causey and Howard helps clients involved with misdeameanor and traffic offenses in the Colorado “High Country.” Causey & Howard, LLC represents clients in Eagle County, Summit County, Clear Creek County, Lake County, Garfield County and Pitkin County including the towns of Aspen, Avon, Breckenridge, Dillon, Eagle, East Vail, Eagle-Vail, Edwards, Frisco, Georgetown, Glenwood Springs, Gypsum, Leadville, Silverthorne, West Vail and Wolcott.
*The information found on this website should not be construed as legal advice and is not a substitute for professional legal consultation. You should not base your legal decisions solely on the information found in this site and you are encouraged to seek the counsel of an attorney regarding your specific questions or situation. The information found herein may represent the opinions or commentary of the site editor(s) and is for informational or education purposes only. You agree by using this site that no attorney/client relationship has been formed between you and the attorneys, editors, owners, or participants in this site unless and until a written agreement has been signed between you and your attorney.