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DUI and Child Abuse

If a driver is stopped for DUI or DWAI and his/her children (or any children) are in the car at the time, the driver will probably be charged with Child Abuse. The theory behind the charge is that the child is unreasonably placed in a situation that poses a danger to the child’s life or health. Child Abuse is a Class 3 Misdemeanor when a person acts with “criminal negligence”. If it is alleged that a person acts “knowingly” or “recklessly”, it is a Class 2 Misdemeanor.

A “child” is defined as a person under the age of sixteen (16) years. A prosecutor will typically argue that the jury should be instructed that ”life or health” includes both physical or mental well-being. However, it us up the Court as to how the jury is instructed. Attentive defense counsel will typically argue that the physical or mental well-being instruction goes too far and “life or health” should be given its plain meaning.

Nonetheless, because of the criminal implications of the charge, as well as the collateral consequences which may occur as a result of a conviction for the charge, a defendant should absolutely seek qualified defense counsel whenever child abuse is alleged. Potential consequences and collateral consequences range from jail time, probation, parenting classes, monitored sobriety, employment problems, social services issues, and child custody and visitation issues.

Denver DUI and Child Abuse Lawyer Monte Robbins has experience in defending Child Abuse charges. If you or a loved one has been charged with DUI and/or Child Abuse, contact Denver DUI Attorney Monte Robbins today for a free case evaluation at 303-355-5148 or 970-301-5541.

Client Reviews
"An excellent lawyer choice for my son who was charged with driving while his license was revoked. DMV had mistakenly sent (3) letters of revocation to the incorrect address, so I hired Monty to prove that my son never knew his license was revoked. Monty kept me informed at all times as to what was happening and what he doing to prove my son's innocence in this matter. We were to appear in court on 29 March 2012 and Monte informed us on 27 March 2012, that the case had been dismissed!!! Monte charged a fair, flat rate for what he did in this matter and should the need arise to hire a lawyer or to recommend a lawyer, I would not hesitate to give Monte's name.” Linda
"I consulted three other attorneys on my traffic offense in Colorado and none of them thought I could beat it. Then I consulted with Monte Robbins. He not only relieved my warrant without my presence in Colorado, but he got my habitual driving offense reduced to an infraction. I was up against the wall on this case but thanks to Monte miracles are possible. I have hired my share of attorneys and Monte Robbins has produced the best results for me yet. After being without my driving privileges for ten years I paid a small fine and am legal with a clean record. I Highly recommend this attorney." Steve
"I hired Monte J. Robbins to represent me. He gave 110% to my case never rushed me off the phone, quick to gather all information regarding my case. Monte is very knowledgeable and helped me out a lot. He kept me informed every step of the way through my case. I was always able to get a hold of him for any questions i had. The outcome of my case was way better then i had expected. Monte did a excellent job on my case and I would highly recommend him to anyone. Monte won my case and I am confident that he can do the same for anyone else." Jeremy