Legal Question in Criminal Law in Colorado

My stepson was recently involved in an auto accident in which he received a ticket for improper turn causing bodily injury, driving without a license and having no auto insurance. He also has two previous DUIs in Colorado one in 2004 and the other 2010. My question is: Are we looking at possible jail time or bail with probabtion? He also has a previous DUI in Florida. Will this influence the judges sentence? Thanks for your response.


Asked on 6/06/10, 6:06 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

In Colo, a defendant with only ONE prior DUI gets a mandatory 10 days in jail on any new DUI. Even if the defendant is a candidate for sainthood, the judge is REQUIRED BY LAW to sentence the defendant to jail. If there are no drugs or alcohol involved in the new case, he might stay out of jail on the new case, if he gets counsel. HOWEVER, the new case may also violate probation on the 2010 DUI, so even if he avoids jail on the new case, he may be re-sentenced to jail on the 2010 DUI. Get a lawyer. Bring a toothbrush to court.

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Answered on 6/06/10, 1:40 pm


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