Even a Blind Squirrel Finds A Nut Sometimes

One of the least gratifying aspects of Moran and Heim's Colorado Springs and El Paso County DUI practice is appearing at the Department of Motor Vehicles. As my partner Mike Moran is fond of saying, "It's a drag, I'd rather stick a fork in my eye than go to DMV." Facing the facts, more often than not, a driver charged with a DUI will lose his or her license through the DMV. So why go in the first place?

A little background information first . . .

When you are charged with Driving Under the Influence in Colorado and your blood or breath alcohol content is .08 or greater, or if you refused a chemical test, there are two separate and independent actions taken against you--one at the court house and one at the Department of Motor Vehicles (or DMV). That DMV action determines whether your driver's privilege will be revoked--the MINIMUM revocation for an adult on a first offense is now NINE MONTHS. To get your license back after one of these revocations, or to apply for early reinstatement, you have to comply with some fairly onerous requirements including IGNITION INTERLOCK--a breath test device on your car.

At the hearing, the case the police must prove boils down to four basic elements:

1. Do the police have a legitimate reason under the Constitution to contact or stop you? This is called reasonable articulable suspicion.
2. Do the police develop enough facts to show that you were under the influence or impaired by alcohol while you were driving? This is called probable cause. For DMV purposes, this is generally just three indicators of alcohol impairment, for example: "blood shot and watery eyes, slurred speech, and an odor of alcohol."
   
3. Do the police properly advise you of your obligations and rights regarding chemical testing, or the ramifications of refusing a chemical test? This is called express consent.
4. Finally, was there a valid chemical test above a .08 that was collected within two hours of the time of driving or was there a refusal to take a test?

Assuming the police can produce enough evidence (either through reports or testimony) to convince an administrative judge that the answer to those questions is yes, YOU WILL LOSE YOUR LICENSE. This DMV hearing is not an even playing field, and while there are a number of strategies, policies, and loop holes--we like to call them "lawyer tricks"--that we use to try to even the field, the procedure is designed to take your license. We advise every client that the likelihood is that you will lose your license for some period of time if your test is above a .08 or you refused a test: we don't want to sugar coat what will happen and we want you to be able to honestly assess the situation. At this point, we are often asked "Why bother fighting the revocation in the first place?".

The answer to that question is "Sometimes we WIN!!" Hence, today's blog. The Moran and Heim firm had four DMV hearings on DUI cases today, and our clients did NOT LOSE THEIR LICENSES in three of those cases. That's a 75% success rate for today! That is a spectacular day for our clients (remember, we could and never would guarantee results like this for a particular case) and these cases drive home the point that you should never just forfeit your license without a fight in a DUI or DWAI case. Sometimes there are problems with the chemical test, sometimes the traffic stop is not legally justified, sometimes the cop just forgets to attend the hearing. These things do happen, not in a majority of DUI cases, but often enough to say NEVER WAIVE YOUR DMV HEARING. You lose nothing by having the hearing, and have everything to gain. The worst case scenario is that you learn more about your case through the hearing and that knowledge is always helpful when defending the criminal side of the case in court. The best case scenario is that you don't lose your license. Although the hearing is a "drag" to attend, you don't ever lose anything by pressing your rights at the DMV!!

If you have been charged with a DUI or DWAI, or have an action pending at the DMV, give attorneys Geoff Heim and Michael Moran a call to discuss your case. You can also visit our website at www.moranandheim.com to find out more about DUI cases and our partners. We will be happy to help you craft a strategy to set you up to succeed both through the DMV AND Court.

Every Once In A While You Got To Give Back

So, one of the good things about being a partner at Moran and Heim is that for some odd reason Mike and I are seen as "community leaders". Occasionally we get to give back to Colorado Springs. Today was one of those days! I had a great time raising money for MDA--here's a little flavor of the day:

A very big THANKS to all of you who donated!! To those who pledged, but haven't paid-up yet (and you know who you are), get on it!!! Together, we raised over $2100 in less than three days--how cool is that?!

So, honor roll first and then an anecdote to warm your heart (or to shame you into giving if you haven't yet--there's still time as they are accepting donations for the next 45 days--go to my link: https://www.joinmda.org/coloradospringstelu09/geoff )

Roll of Honor:

Jon Reiter of FindLaw
Mimi Heim—thanks mom!!
Kristen Hoffecker—bleeding heart extraodinaire (hey forward this to your brother!!)
Jennifer Heinicke (highschool friends are the best!!)
Chuck Garfinkle
Sean “Seanny River” Price (highschool friends are the best!!)
Paul Nielsen (highschool friends are the best!!)
Drew Lawrence of In-Shape Fitness and the Fight Factory
Dr. Annette Seagraves
Rachel Buller of Manitou Springs Realty
Douglas Cohen
Nathan Nicholas of Nicholas Hill Insurance
Michael Moran
Jen and Will Bain
Beth Kosley
Ted Heim (thanks baby brother)
Nan Scranton (who said D.D.A.'s have no heart?)
Laura Muir of Momentum Advertising and Public Relations
Norm Thom of Daniel, Thom, and Katzman
Tim Bussey of Bussey and Associates
Dawn Beagle of the Broadmoor Hotel
Donna Billek (who said D.D.A.'s have no heart?)
Tom Brantley, Sarpy County Nebraska Public Defender!!!
Michael Benavidez--if you need your hair cut by the BEST
And a certain anonymous person!!

Again, if you want to be added to that honor roll--it's easy https://www.joinmda.org/coloradospringstelu09/geoff

So, back to the anecdote, the MDA police arrest me and take me down to the "Jail." As I'm processed, I go before the "Judge" Zoey (who has MD) and her friend (whose name I didn't get) and they asked me how I plead. To which, I can't deny that I'm guilty, they slam the gavel, and they sentence me to $2000 bail. I then learn that our donations have paid for two kids to go to Summer Camp next year--and Zoey is really excited that she and some other local MDA assisted kids get to go to camp AND their parents can get a little R & R time from 24/7 parenting. All is lightness and laughter and since all of you had already donated my bail, they ring a bell, salute me and I get to smugly sit back and eat pizza while the other schmucks who didn't send out harassing e-mails are making phone calls begging for dollars. At which point Zoey's mom comes over to our table and sits down. She thanks us for making her kid's dream come true, let's us know she couldn't get by with out the assistance she gets from MDA, and then starts choking back tears and excuses herself.

That's a pretty good reminder of how damn lucky we all are, so if you get a little down about the AMEX bill, or the clutch slipping, or it raining EVERYDAY in Colorado Springs for the ENTIRE summer it might be good to remember Zoey and her mom. And then to remember that you helped them, if just a little bit. Winston Churchill said it pretty well: "We make a living by what we get, we make a LIFE by what we give."

Thank you all so much for making my day much easier than it could have been!


Geoff Heim
Attorney at Law
Moran and Heim PC, LLC
220 E. Costilla Ave.
Colorado Springs, CO 80903
Ph. 719.636.9250 Fx. 719.389.0089
geoff@moranandheim.com
www.moranandheim.com

Good Help Is Hard To Find

One of the most important aspects of our legal practice is "customer service." Often times, when we are having interviews with prospective clients, the client asks "what makes you better than the public defender?" or "what makes you better than Attorney Z?". Sometimes the question is as direct as "Attorney Y told me my case would be dismissed if I paid her fee, can you guarantee that result?".

The last question is easy to answer: if an attorney ever "guarantees" a result based on a fee, turn and run the other direction!! Those other questions are harder to answer. Certainly, some attorneys are better than others; for the most part though, what you are "buying" when you hire an attorney is not a guaranteed result, but a relationship with an advocate and counselor at-law to help you through one of the most stressful times of your life. You want that person to be experienced, reliable, open, honest, and--most importantly--responsive to your needs. Essentially, an attorney is not going to be "better" than another attorney; rather, that attorney will be "better for you." You and your attorney should have a good chemistry and you should be comfortable with that attorney guiding you through the criminal process.

At Moran and Heim, we strive to cultivate a great working relationship with our clients by making sure they are well-informed and comfortable with their criminal cases. That means not only taking the time with each client to ensure there is no confusion about the big things (like the charges, the defenses and the penalties), but to take the stress out of the little things as well (how to get to court, what to wear, where to park). We really believe that attention to detail must start at the "front of the house," which is why your phone call will be answered by an actual person, your e-mail will be promptly returned, and your questions will be answered.

The "front of the house" is our Office Manager Kaylin and our Paralegal Therese. They really are that "hard-to-find good help." Both excel at their jobs and keep our clients AND attorneys on track while always being helpful, polite, and accomodating. They are the ones who are the face of the firm and embody the customer service that sets Moran and Heim apart from the attorney that lets your call go to voicemail and calls you back when it's convenient for him. That attention to detail and extra effort to go the extra step is what sets Moran and Heim apart!

So, when a prospective client asks "why are you better than Attorney Z?", the short answer is "customer service."

To schedule an initial consultation to talk about your criminal, DUI, or DWAI case, call 719-636-9250 or visit our website at www.moranandheim.com.

Welcome

Welcome to our Criminal Defense blog. We are a criminal defense located in Colorado Springs, Colorado. Geoff Heim has been a practicing attorney since 1995 and his law partner, Michael Moran has been a practicing attorney since 1995 as well. They both have a considerable amount of experience in the criminal defense area and have the ability to help you with your situation. For a free one hour consultation please call 719-636-9250 and also check out their website at www.moranandheim.com.