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M

momuvteen

Guest
IN regards to the "speed contest" ticket my son received... We live in a Denver suburb and I am looking for what to do in this case. He has been told he can plead "not guilty" and get off since the "witness" prob. cannot positvely ID him (and the other driver.) We don't want him to lie, but I'm worried about how severe the consequences might be if he pleaads 'guilty.' We contacted an attorney who wants $500. retainer, which seems excessive. Suggestions?? HELP!!! and THANK YOU
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Okay, 500 for a retainer is just fine, not excessive at all. What you should be worried about is what kind of example you are setting for your kid.

To commit perjury and lie because of a technicality????? WRONG and if it is discovered he perjured himself, look for another lawyer. court doesn't take perjury lightly.

As to your case, this is the statute:

42-4-1105. Speed contests. (1) No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a highway, and no person shall aid or abet in any such motor vehicle speed or acceleration contest or exhibition on any highway.
(2) No person shall, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a highway, in any manner obstruct or place any barricade or obstruction or assist or participate in placing any such barricade or obstruction upon any highway.
(3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.


And this is what a class 2 misdemeanor is:

Class Minimum Maximum
Sentence Sentence

1 Ten days imprisonment, One year imprisonment,
or $100 fine, or both. or $1000 fine, or both.
2 Ten days imprisonment, Ninety days imprisonment,
or $10 fine, or both. or $300 fine, or both.

(B) Any person convicted of a class 1 or class 2 misdemeanor traffic offense shall be required to pay restitution as required by article 18.5 of title 16, C.R.S., and may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by sub-subparagraph (A) of this subparagraph (II), subject to the conditions and restrictions of section 16-11-701, C.R.S.
(b) Any traffic infraction or misdemeanor traffic offense defined by law outside of articles 1 to 4 of this title shall be punishable as provided in the statute defining it or as otherwise provided by law.
(c) The department has no authority to assess any points under section 42-2-127 upon entry of judgment for any class B traffic infractions.
(4) (a) (I) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply shall be fined or penalized, and have a surcharge levied thereon pursuant to section 24-4.2-104 (1) (b) (I), C.R.S., in accordance with the penalty and surcharge schedule set forth in sub-subparagraphs (A) to (P) of this subparagraph (I); or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions shall be fifteen dollars, and the surcharge shall be two dollars. These penalties and surcharges shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections shall be as follows:

 

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