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F. Joseph Fennessy, Jr. Attorney at Law

  • 613 Park Ave., Meeker, CO 81641-1518, U.S.A.

Cooley Zagar-Brown, P.C.

  • 592 Main St., Ste. 2, Meeker, CO 81641-0098, U.S.A.

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What should I plead and what are the consequences for the plea for a first offense DUI of marijuana?

Jason William Savela
Answered by attorney Jason William Savela
DUI/DWI lawyer at The Savela Law Firm, P.C.
If you were not high at the time, you should not plea guilty - these cases can be won at trial the blood test is relatively meaningless for a heavy MMJ patient a plea of guilty to DUI will get your license suspended, but if it is a plea to DWAI-1st, then no.
If you were not high at the time, you should not plea guilty - these cases can be won at trial the blood test is relatively meaningless for a heavy MMJ patient a plea of guilty to DUI will get your license suspended, but if it is a plea to DWAI-1st, then no.
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If the officer didn't see me drive can he arrest me for DUI?

Gregory Casale
Answered by attorney Gregory Casale (Unclaimed Profile)
DUI/DWI lawyer at Gregory Casale, Attorney at Law
As you have already learned, yes, the officer can arrest you. However, the more important issue is now, can the prosecutor convict you. One of the three (3) elements of a drunk driving (OUI) charge is Operation, along with public way and .08% alcohol in the blood or impaired operation as the other two elements. The element of Operation is your issue as you describe your situation. There are cases that say that even an admission by the operator, without some corroborating evidence is insufficient to establish Operation beyond a reasonable doubt, the standard in a criminal case. I advise that you call me or another lawyer to discuss your case in more detail. It sounds like you have a very triable case. Make sure you get a good attorney. You only have one chance to get this right.
As you have already learned, yes, the officer can arrest you. However, the more important issue is now, can the prosecutor convict you. One of the three (3) elements of a drunk driving (OUI) charge is Operation, along with public way and .08% alcohol in the blood or impaired operation as the other two elements. The element of Operation is your issue as you describe your situation. There are cases that say that even an admission by the operator, without some corroborating evidence is insufficient to establish Operation beyond a reasonable doubt, the standard in a criminal case. I advise that you call me or another lawyer to discuss your case in more detail. It sounds like you have a very triable case. Make sure you get a good attorney. You only have one chance to get this right.
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What are the penalties for diving without a license and speeding, while on a DUI diversion?

default-avatar
Answered by attorney Stephen Lewis Freeborn (Unclaimed Profile)
DUI/DWI lawyer at Freeborn Law Offices P.S.
You can kiss the diversion good bye since you were, in all likelihood, in violation of the conditions placed upon you by the court in the DUI case. Max penalty on the DUI is 1 year in jail and $5,000.00 fine. There are mandatory minimum penalties, but since I know nothing about your criminal history, I cannot say. I can tell you, you have some major problems.
You can kiss the diversion good bye since you were, in all likelihood, in violation of the conditions placed upon you by the court in the DUI case. Max penalty on the DUI is 1 year in jail and $5,000.00 fine. There are mandatory minimum penalties, but since I know nothing about your criminal history, I cannot say. I can tell you, you have some major problems.
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