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Romeo Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Romeo 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).
  • South Fork, CO 81154-0848

  • Center, CO 81125

  • 101 Chico Court, Ste. A, Monte Vista, CO 81144

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  • 919 Third Ave., Monte Vista, CO 81144

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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.

Should answer threat letters from an insurance company if there charges weren't included in court restitution?

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
Your question is a bit unclear, but restitution in a criminal case and the ability of an insurer to seek reimbursement for money paid out in the same situation are two different things. They cannot "double recover" but it seems from your question that the amount they want was not included in the restittuion figure so it seems they would not double recover. Therefore you will have to deal with them and work it out, or they likely would sue you to recover it. 
Your question is a bit unclear, but restitution in a criminal case and the ability of an insurer to seek reimbursement for money paid out in the same situation are two different things. They cannot "double recover" but it seems from your question that the amount they want was not included in the restittuion figure so it seems they would not double recover. Therefore you will have to deal with them and work it out, or they likely would sue you to recover it. 
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Is there a case for me if while talking to the magistrate, I hear the officer say I was only tested because my eyes were bloodshot shaky?

default-avatar
Answered by attorney Lawrence Thomas Lewis (Unclaimed Profile)
DUI/DWI lawyer at Lawrence Lewis, P.C.
What do you mean by a case? You were arrested for DUI. I did not read any facts that sound like a defense.
What do you mean by a case? You were arrested for DUI. I did not read any facts that sound like a defense.

Facing possible first time dui charges how can i represent myself to get the sentence to probation and interlock

David B Harrison
Answered by attorney David B Harrison (Unclaimed Profile)
DUI/DWI lawyer at Miller & Harrison, LLC
You really need to get the police reports from your case and then sit down with a lawyer to review it to give you a detailed explanation of the process and any defenses you have.  Then a discussion of mitigating things you can do (entry into the alcohol program is a good start).  Remember the drivers license issue (involving the Interlock) and what happens in Court are separate processes. With a BAC of .198 you are very close to required jail time even on a first offense. I am not clear from your statement about whether the .198 is the “PBT” result from the handheld breathalyzer on the roadside or the official result from the blood test or Intoxilyzer (plugged into the wall).   Do at least a consultation (1 hour review of your case) with a lawyer even if you don’t hire one to handle the whole case. It should cost an hour of the lawyers hourly rate.
You really need to get the police reports from your case and then sit down with a lawyer to review it to give you a detailed explanation of the process and any defenses you have.  Then a discussion of mitigating things you can do (entry into the alcohol program is a good start).  Remember the drivers license issue (involving the Interlock) and what happens in Court are separate processes. With a BAC of .198 you are very close to required jail time even on a first offense. I am not clear from your statement about whether the .198 is the “PBT” result from the handheld breathalyzer on the roadside or the official result from the blood test or Intoxilyzer (plugged into the wall).   Do at least a consultation (1 hour review of your case) with a lawyer even if you don’t hire one to handle the whole case. It should cost an hour of the lawyers hourly rate.
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