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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Asking again, just to get a 2nd opnion.......first one was

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Asking again, just to get a 2nd opnion.......first one was not bad. i made a big mistake....Live in Delta Colorado....got pulled over for speeding, 91 in a 65....and DUI....bac 2.5 times legal limit, and was opening careering a unloaded firearm, which is legal here, but not while under the influence, though they noted it was unloaded. I got charged with a Misdemeanor and the DA was willing to drop all charges but the DUI, i served 3 days so far, and have to go do another 6. The judge gave me a week to decide to take the deal, or get a public defender/lawyer. I believe all 3 of these charges are Misdemeanor regardless. I was set free on a PR bond of 1k, but did not agree to the DA's request right away, and took the option to think about it. They did not seem overly interested is screwing me (the DA) I go into my first hiring in a week or so. I asked the judge if this would prevent me from owning a gun, she said no since it was not a felony. Yet the DA or Highway patrol kept it....and said i may not get it back.....which makes no sense if after i serve m y sentence, etc i am aloud to own another weapon.... On my bond sheet it did say i'm not allowed to use or have a firearm.....i'm guessing this is b/c i did not agree to anything yet and theres been no sentence, even the 10 days is theory i guess until proven guilty or i take the plea. Would you say, take the plea, get a lawyer? And after i serve my time and i guess community service, should i get the weapon back since i'd not be a felon and it was simply unloaded and holstered..... I'm just not sure what to do.

Also, in Colorado what are my options if any to get my DL back with in one year, or get this even further reduced?

I also choose the blow test instead of blood, thinking it may be more dysfunctional...I've heard both sides on this.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

While it's rarely a bad idea to hire an attorney, this sounds like a pretty solid prosecution case.

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A criminal defense attorney would want to look for problems with the case. This often includes whether there was a lawful basis for the traffic stop and whether the state can prove impairment. Here, you were stopped for going 26 miles an hour over the speed limit. As such, it certainly seems to be a valid stop. As to proof of impairment, you blew 2.5 times the legal limit. With this in mind, proving impairment seems likely.

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There may be other issues. For example, an attorney would look into your performance on any field sobriety exercises, whether the breath test was properly administered and whether the police officer properly effectuated the arrest. While it is possible that there are issues to help you out, it does not seem likely with the information you have provided thus far.

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While the decision is certainly yours to make, it sounds like accepting the plea offer may be in your best interests.

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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I have 15 years experience in criminal litigation including several years as a felony prosecutor