AV Preeminent Peer Rated Attorneys
Ordway 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).
AV Preeminent Peer Rated Attorneys
Ordway Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Ordway 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 Ordway, CO and Crowley 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.

Why does it take up to 2 years to file a misdemeanor DUI case?

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Answered by attorney Lawrence Thomas Lewis (Unclaimed Profile)
DUI/DWI lawyer at Lawrence Lewis, P.C.
The DA has plenty of cases. They will get to you when they get to you. Why are you complaining when there are no vodka bottles complaining that you have not gotten an opportunity to drink them? You will get to them in due time, just like the prosecutor will get to you.
The DA has plenty of cases. They will get to you when they get to you. Why are you complaining when there are no vodka bottles complaining that you have not gotten an opportunity to drink them? You will get to them in due time, just like the prosecutor will get to you.
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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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What would happen if I took a breathalyzer test but the test came back with no results?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
DUI/DWI lawyer at Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. There could be a number of reasons for the "no reading". Was this a hand-held unit at the time of your stop and arrest or was it a breathalyzer at the police station? I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. There could be a number of reasons for the "no reading". Was this a hand-held unit at the time of your stop and arrest or was it a breathalyzer at the police station? I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
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