DUI/ DWAI *, Traffic and 

Criminal Cases

- James ("Sandy") Horner

- Randall W. Klauzer      

THE Criminal Defense TEAM

     The criminal defense team at K&T consists of Randy Klauzer and Sandy Horner.  Both have previous experience as prosecutors in Colorado.  As such, they have insight on how DUI/DWAI and Criminal cases are prosecuted and how the courts tend to rule on these.  This experience is invaluable for the purpose of advising K&T clients on the appropriate course of action to take in these difficult matters.  K&T represents clients in all  court proceedings, including disposition, trial and appeal.  K&T can also appear for motor vehicle hearings associated with DUI/DWAI cases and appeals of those hearings.

 

General Criminal Defense

     K&T's criminal defense team at Klauzer & Tremaine has represented clients in all levels of criminal litigation and in all types of case.  On one occasion, K&T filed a petition to the United States Supreme Court requesting review of a decision of the Colorado Supreme Court.
    
K&T routinely handle minor misdemeanor and criminal traffic matters.  Major felony offenses are accepted on a case-by-case basis, after careful review of the client's situation.  The criminal defense attorneys at K&T, have represented clients in cases ranging from simple assault, to murder and death penalty qualified cases.  Drawing from the extensive history and experience in criminal litigation at Klauzer & Tremaine, the firm is able to represent its clients' interests on a broad range of issues.

Basic Client Information Needed

     When a client comes in to discuss representation in a DUI/DWAI case, the following basic information is needed: 

A copy of the citation(s); 

Notice of Revocation ;

Any reports which have already been obtained.

     When a client comes in to discuss other criminal charges the following information is needed: 

A copy of any citations or complaint;

Copies of any reports which have already been obtained.

     In general, the client should be prepared to provide the names and addresses of any possible witnesses with information related to the incident.  It is also helpful for the client to prepare a detailed written statement covering the incident.  This statement should be prepared as soon as possible after the incident, and be a full, candid and confidential statement directed "To my attorney."

General Procedure

      The initial K&T  meeting with the client covers such issues as the nature of the charges, the possible penalties, the client’s rights associated with such a prosecution and a discussion of the circumstances of the arrest.  Once the reports are obtained from the District Attorney’s Office, they are carefully reviewed and copies are provided to the client for additional input.  If necessary, K&T will employ a private investigator to do follow-up interviews with witnesses.

      In the event that the client is from out of town, K&T can sometimes arrange to appear in court on behalf of the client, without the necessity of the client having to return to Steamboat Springs for an appearance.

 DUI/DWAI

     In the event a client is arrested and charged with DUI or DWAI and receives a Notice of Revocation as the result of a refusal or a chemical test result above .1 (blood alcohol level), the client should request a hearing from the Motor Vehicle Division within seven days of the Notice.  The failure to request such a hearing may result in the revocation of driving privileges for a minimum of 90 days.  In the event that it is impractical for the client to request such hearing, K & T may be able to do so on the client’s behalf. 

Statutes

* DUI - "Driving Under the Influence" - CRS § 42-4-1301
  DWAI "Driving While Ability Impaired" - CRS § 42-4-1301

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