I was charged with habitual offender in Colorado my dates of commission are more then 10 years apart can I fight this?

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I was charged with habitual offender in Colorado my dates of commission are more then 10 years apart can I fight this?

I was charged with habitual offender but my dates of commission are more then 10 years apart can I appeal this?

Asked on June 23, 2009 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

From my reading of the applicable statues, in order to be considered an habitual offender you would need to have had at least 2 prior offenses.  If you are talking about a DUI, it would have to be 3 offenses within 7 years.  In either event, you do not seem to meet the requirements to have to be labeled with habitual offender status.

I would contact a criminal attorney in your area.  They can best advise on how to fight this.


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