Traffic Crimes
Driving Under the Influence (DUI):
A DUI occurs when someone is operating, or is in "actual physical control" (a term of "art" -just the keys in the ignition and being in the driver's seat without the car running - is enough to be in actual physical control) of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit (.08). Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, it typically results in higher insurance premiums and an offender may become ineligible for credit. DUI cases are highly technical and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI cases.
Driving with a Suspended License:
Driving with a suspended or revoked license is usually charged as a serious misdemeanor punishable by substantial fines and up to a year in jail. Under some circumstances, as where someone is killed or injured in an accident caused by a driver whose license is suspended or revoked, the offense can be charged as a felony, with a high fine and a possible state prison sentence or both. Fines and jail sentences are typically heaviest in cases where the license suspension or revocation resulted from a traffic offense involving alcohol and/or drugs.
Reckless Driving:
Reckless driving is operating a vehicle with willful or wanton disregard for the safety of others or the property of others. It generally involves drastic misconduct on the road, such as driving on the wrong side of the road or driving at dangerously high speeds. It is generally charged as a misdemeanor, punishable by a fine or a county jail sentence or both. It sometimes results in a driver's license suspension or revocation, and it very often results in the cancellation of insurance. Automobile insurance companies know that people who drive "recklessly" are more likely than others to get in traffic accidents. Also, "reckless driving" convictions are commonly seen as part of a plea bargain in which an initial DWAI (Driving while Ability Impaired - BAC is .05 but less than .08) charge is "reduced" to reckless driving.
Hit and Run Driving:
Hit and Run Driving is a serious offense that involves leaving the scene of an accident without first stopping and identifying oneself to the other driver or drivers. It is, at minimum, a serious misdemeanor punishable by jail time and a high fine. If someone is injured or killed in the accident, hit and run driving is charged as a felony that can result in a state prison sentence. In either case, the charge has nothing to do with who was at fault in the accident. Apart from the other penalties, hit and run driving can result in long-term driver's license suspension or, in some cases, actual license revocation.
DUI - Murder:
Murder is the criminal charge for unlawfully killing someone, either deliberately and intentionally or recklessly with extreme disregard for human life. In some States (like Colorado), when someone driving under the influence causes an accident in which someone is killed the driver may be charged with murder (attitude of universal malice manifesting extreme indifference to human life or reckless disregard for human life) if the circumstances are particularly aggravated. DUI - Murder cases are highly technical and complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI - Murder cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI - Murder.
DUI - Manslaughter:
Manslaughter is the criminal charge for unlawfully killing someone without actually intending to do so. When someone is driving under the influence and causes an accident in which someone is killed, the driver may be charged with vehicular manslaughter. DUI - Manslaughter cases are highly technical and complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI - Manslaughter cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI - Manslaughter.
DUI with Prior Convictions:
In all 50 States, repeat DUI offenders face progressively stiffer penalties. In some States (but not Colorado), the third or fourth offense may be charged as a felony and, upon a conviction, result in a multi-year state prison term. The elements of the offense are the same, whether or not there are prior convictions. DUI with prior convictions are technical and complex and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUI with prior convictions. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUI with prior convictions.
Driving Under the Influence of Drugs (DUID) or Prescription Medications:
Most people know that it is illegal to drive under the influence of illegal drugs, but many believe they can avoid a conviction for DUID by producing a prescription for the drug in question. This is not true. A DUID (drugs) charge has nothing to do with whether or not possession of the drug was lawful. The legal issue in any DUID case is whether, as the result of "impairment," the driver has lost the ability to drive safely. It is just as unlawful to drive under the influence of a properly prescribed medication as it is to drive after drinking too much alcohol. DUID cases are highly technical and only a skilled attorney, like Venkatesh ("Vee"), will be able to effectively represent you in DUID cases. If you are an illegal alien or a legal resident but not a U.S. Citizen you could be deported or denied continued legal status in the U.S. by Homeland Security (Immigration Department - ICE) after you are convicted, under certain circumstances, of DUID.
Contests of Speed (Drag Racing):
In most States, engaging in contests of speed (racing) is a serious misdemeanor punishable by county jail time or a fine or both. It can also trigger license suspension or revocation by the Department of Motor Vehicles or other state licensing agency. It is also fairly certain to result in cancellation of automobile insurance. Repeat offenders usually face escalating penalties including felony prosecution in aggravated circumstances.
Other Traffic Crimes:
Every State has its own set of laws governing the operation of motor vehicles on public streets and highways. Most of these laws classify violations as infractions - relatively minor offenses for which a fine is the only penalty. One cannot be given a jail sentence for an infraction. It can be very important to fight infraction prosecutions in some situations. Many States have "point" systems to track individual driving records and the accumulation of too many points can have serious consequences, ranging from license suspension to revocation. Automobile insurance carriers often cancel the policies of drivers with too many "points." The decision whether or not to fight an infraction ticket is one that should receive very careful consideration.
Administrative License Suspension Hearings:
Most States provide for administrative driver's license suspension in certain circumstances, but in every case the driver is entitled to a hearing in which the suspension can be contested. If a hearing is not requested within the time provided by law (7 days in Colorado) the right to a hearing is waived (forever lost), and the suspension goes into effect automatically. In some cases, the time for requesting a hearing is very short (like Colorado only 7 days) (therefore, contacting a skilled attorney immediately, like Venkatesh ("Vee"), is very critical to avoid an automatic revocation order) and the scope of the hearing is usually very narrow and highly technical, from a legal standpoint. Self-representation at a suspension hearing is rarely successful. The different types of administrative suspension include:
- Medical/Drug Suspension
Some medical conditions require administrative driver's license suspension. These include certain diseases involving seizures, blackouts, fainting spells, serious physical coordination problems, some mental disorders and loss of vision. The defense to this type of suspension usually involves the submission of written reports from health care providers and other experts. - Negligent Driver Suspension
This involves situations in which a driver has accumulated too many "points" for traffic tickets or has been involved in an unusually high number of accidents. - Drunk Driving Suspension Based on BAC
If a defendant's chemical test shows a BAC of .08% or more, most states impose a 30 to 90 day suspension. This varies from state to state and may be longer than that. At the hearing, skilled counsel, like Venkatesh ("Vee"), may attack the probable cause for the defendant's detention and arrest and/or the validity of the chemical test. - Drunk Driving Suspension Based on Test Refusal
Where the defendant refuses ("refusal" is a term of art) to submit to a chemical test most States provide for a license suspension ranging from three months to a year, but in Colorado, under certain circumstances, the term can be up to three years. The refusal suspension is not affected by the outcome of the criminal trial. If there is a refusal suspension it remains in place even if the defendant (you) is adjudged "not guilty." At the hearing, a skilled counsel, like Venkatesh ("Vee"), may attack the probable cause for the defendant's detention and arrest and/or the validity of the chemical test.