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Strange DUI on a bike

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rachsrib

Junior Member
What is the name of your state (only U.S. law)? colorado
I was arrested on halloween for rolling through a stop sign on a moped and charged with a DUI. Months later in my DMV hearing they took my license for 90 days because of the DUI. But only 20 days after the revocation the DMV judge called me an did a recission on my license because here in CO a moped is considered a bike. I got my license back and now face my criminal trial but talked to the DA before this ruling that I was on a bike. The DA offered a DWAI below a .2 and my question is should I just take the plea or should I present to the judge the signed paper work from the DMV judge stating that I was on a bike. My attorney thinks I should take the plea and leave the bike out of it because the judge might think I'm getting off to easy. I feel that the punishment would be lighter because I was on a bike.
Any help?
Thanks
Also can the criminal trial effect my license points and insurance or only the DMV trial
 


xylene

Senior Member
If legally speaking, you were on a bike, you face lower criminal penalties. Bike While intoxicate will not, for instance, impair your ability to travel to canada and abroad...

If you attorney is not confident of that denfense, get a new lawyer, or ask him for an explanation beyond "the judge will be hard on you"
 

BL

Senior Member
Find out what the laws are there .

Ask the DA to present you with the Law on biking while intoxicated .

Here one can be charged on a bike ,moped , ATV, riding lawn mower , tractor , etc . , on public roads .
 

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