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Gardner Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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Gardner Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Gardner Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Michael Emmons Attorney at Law

5.0
3 Reviews

  • Serving Gardner, CO and Huerfano County, Colorado

  • Law Firm with 1 lawyer1 award

  • All Criminal Defense Matters. Over 30 Years of Trial Experience. Free Consultation.

  • DUI/DWI LawyersCriminal Law, Assault, and 12 more

  • Free Consultation

Michael S. Emmons
DUI/DWI Lawyer
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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.

Is it worth fighting my DUI charge which was dropped to a reckless driving?

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Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
If you take the misdemeanor conviction, it is a conviction.  While reckless is not as bad as DUI, if it's a reckless with alcohol involved it is priorable for 10 years like a DUI (likely jail time for second conviction).  If you fight and win, you can avoid having a conviction on your record.  If you lose, it's a DUI conviction.  .08 % means that with the machine uncertainty alone (+/- .01) you can beat the B count (driving with .08% BAC or above), not taking into account the accuracy/calibration maintenance etc. Beating the A count (impaired) has more to do with the driving and the FSTs. If you were pulled over for something that wasn't bad driving and if you did ok on the FSTs, then you can reasonably be expected to beat the A count. Be aware that the prosecutor can use the recent Vangelder case to limit your lawyer's ability to attack the B count on physiological grounds.   If you're worried about money, fighting this is not cheap.  Going to trial will involve 5-6 days of time at trial, lawyers fees, expert fees, et c. If you're more worried about your reputation and the fact that you probably weren't over .08% at the time of driving or impaired, then unless they are offering you a non-alcohol lesser offense, you risk little by going to trial.  
If you take the misdemeanor conviction, it is a conviction.  While reckless is not as bad as DUI, if it's a reckless with alcohol involved it is priorable for 10 years like a DUI (likely jail time for second conviction).  If you fight and win, you can avoid having a conviction on your record.  If you lose, it's a DUI conviction.  .08 % means that with the machine uncertainty alone (+/- .01) you can beat the B count (driving with .08% BAC or above), not taking into account the accuracy/calibration maintenance etc. Beating the A count (impaired) has more to do with the driving and the FSTs. If you were pulled over for something that wasn't bad driving and if you did ok on the FSTs, then you can reasonably be expected to beat the A count. Be aware that the prosecutor can use the recent Vangelder case to limit your lawyer's ability to attack the B count on physiological grounds.   If you're worried about money, fighting this is not cheap.  Going to trial will involve 5-6 days of time at trial, lawyers fees, expert fees, et c. If you're more worried about your reputation and the fact that you probably weren't over .08% at the time of driving or impaired, then unless they are offering you a non-alcohol lesser offense, you risk little by going to trial.  
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If the officer didn't see me drive can he arrest me for DUI?

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Answered by attorney Russell S Pietryga (Unclaimed Profile)
DUI/DWI lawyer at Pietryga Law Office
Yes. this is a great case. It is an actual physical control issue. If they cannot put you behind the wheel, they have no case.
Yes. this is a great case. It is an actual physical control issue. If they cannot put you behind the wheel, they have no case.

What would be I be charged with for a first time offence?

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Answered by attorney Steven Joseph Pisani (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of Steven J. Pisani, LLC
I do not have all of the facts in your case, but it sounds like you will be charged with a DWAI and a defective tail lamp. The plea offer may be just to drop the defective tail lamp and plead guilty to the DWAI. A first time offense of DWAI typically carries with it 1 year of probation, alcohol classes, community services, court fines and costs.
I do not have all of the facts in your case, but it sounds like you will be charged with a DWAI and a defective tail lamp. The plea offer may be just to drop the defective tail lamp and plead guilty to the DWAI. A first time offense of DWAI typically carries with it 1 year of probation, alcohol classes, community services, court fines and costs.
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