Reinstatement of Driving Privileges After Refusing a Blood or Breath Test
As previous entries of this blog have noted, refusing to take a blood or breath test when requested by a police officer in Colorado has a severe impact upon a person’s ability to drive. A driver’s first refusal to take a test under Express Consent leads to a one year suspension, a second refusal is […]
Domestic Violence and CRE 404(b)
One of the most controversial areas of criminal law is whether the prosecution is allowed to use a defendant’s past bad acts against him or her to prove that the accused committed an offense. There is a general legal principle that evidence of other crimes or bad acts are not admissible as evidence to show […]
Domestic Violence and Third Degree Assault – A Review
Colorado’s laws pertaining to domestic violence are not very clear and understandable to the average person. Under state law, “domestic violence” is not a standalone crime. Instead, it is easiest to understand the phrase as a label. If a person commits a violent crime against another person, and the relationship between the offender and the […]
Can a Person Be Convicted of DUI or DWAI If the Vehicle Cannot Move?
The average person can come up with a myriad of scenarios where he or she would reasonably believe there is no way for an individual to be criminally charged with driving under the influence (DUI) or driving while ability impaired (DWAI). What if an individual is passed out in the backseat of a shut-off car […]
An Important Word in Personal Injury Law: Negligence
The average person can do a fairly decent job of describing what a personal injury case involves. Someone committed an act (or, alternatively, failed to act) and another person was harmed. Far less people will be able to define a key word that is central to many personal injury cases: negligence. Any Colorado personal injury […]
Statements Made Without Miranda – Admissible or Not?
Society generally knows about Miranda¹ warnings. Within Miranda is the right not to make statements against one’s self-interest. Under the United States Constitution’s Fifth Amendment, a person generally has the right to not make statements to police: “…nor shall [any person] be compelled in any criminal case to be a witness against himself…” The Colorado Constitution […]
Search Warrants and DUI
In a previous blog entry we covered the topic of Colorado’s Express Consent – basically, a driver’s already-stated approval to submit to a chemical test if an officer has probable cause to believe the vehicle operator is driving under the influence (DUI). Refusal to submit to testing can severely and adversely impact one’s ability to […]
Standardized Field Sobriety Tests in Colorado
If a driver is pulled over in Colorado and police suspect he or she is impaired, the officer will request the individual to perform some tests by the roadside to determine if the operator is drunk or high. The tests, called standardized field sobriety tests (SFSTs) or roadside tests are used by police to determine […]
How Much Does a DUI Attorney Cost?
Ever heard the expression “You get what you pay for”? This same axiom applies to legal fees charged by attorneys who represent clients in driving under the influence (DUI) and driving while ability impaired (DWAI) cases. If you are seeking a potentially good resolution of the criminal charges against you, be prepared to spend the […]
Mandatory Protection Orders and Domestic Violence
A person charged with domestic violence in Colorado faces short-term, life-changing consequences when accused of this offense. To summarize, the persons, places and things he or she engaged with prior to arrest and accusation must be altered after receiving notice of the domestic violence charge. When a person is accused of domestic violence, the court […]