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Posted December 29, 2020

Does your BAC reflect how drunk you are?

Colorado has strict laws against drunk driving and other such risky behaviors. As with all states, it relies on a system of blood alcohol content levels to determine if you are too drunk to drive. But having a low BAC does not necessarily mean you are safe to drive. In fact, BAC levels are an...
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Posted December 8, 2020

DUI charges, convictions and possible defenses

Depending on the circumstances of your DUI charges and whether it is a first or subsequent offense, the judge may determine fines or time in jail is appropriate upon a conviction decree. Although the prosecution may present findings that seem cut and dried, several defenses are available that may reduce charges or help avoid...
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Posted December 7, 2020

When police use big tech data in criminal investigations

Many of us have an uneasy relationship with the companies like Google and Facebook. We know and like their products, but we aren’t necessarily pleased about the amount of data they collect on us. If you’re in this situation, you may comfort yourself with the idea that, at worst, these companies are just using...
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Posted November 25, 2020

What you should do during a traffic stop

There are some important guidelines for helping you to have a smooth traffic stop. You are not powerless over what happens. During the interaction with a law enforcement officer, you must be careful to refrain from any type of action that could steer the interaction south. Your cooperative conduct can make a big difference on...
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Posted November 23, 2020

How does BAC affect driving?

With the holidays right around the corner, the risk of drunk driving will also increase. It can be difficult to gauge the impact alcohol has on your driving ability, until it is too late. That is why it is important to understand how alcohol impacts your blood alcohol concentration (BAC).Breathalyzers measure BAC to determine...
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Posted November 5, 2020

What can I negotiate in a plea deal?

In the majority of criminal cases, plea bargaining is an element. This is because it can be advantageous for both the defense and the prosecution to resolve criminal cases through dealings rather than through the court.Ultimately, you may decide to take a plea bargain or to not take one: there is no one-size-fits-all answer...
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Posted October 22, 2020

Will my case be in state or federal court?

51 court systems exist in the United States. 50 of these systems are state systems, and each state has its own. There is one federal court system.Generally speaking, the government will hear your court case in the system that corresponds to the laws the government accuses you of breaking. If the government is accusing...
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Posted October 13, 2020

What are field sobriety tests?

In Colorado, an officer may administer tests if they suspect you are driving under the influence. In some cases, a breath test may come first. But you are also likely to run into a field sobriety test.Officers use these tests to determine if further testing should follow. They are a tool of measurement you...
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Posted September 29, 2020

What is “theft by finding?”

Past posts on this blog detailed the manner in which Colorado defines theft. You likely never see any scenario in which you would intentionally take another’s property. Yet could there be a scenario in which your unintentional actions might actually qualify as criminal activity? Say that you come across an item or piece of lost property. When...
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Posted September 25, 2020

How do judges decide DUI penalties for drivers under 21?

In the state of Colorado, a variety of penalties exist for any driver convicted of driving under the influence of alcohol.However, in determining such penalties, Colorado is sensitive to the plight of drivers under the age of 21 who have their whole lives ahead of them.Zero toleranceThe zero-tolerance law is for drivers under the...
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Posted September 25, 2020

Is jail time mandatory for a Colorado DUI?

The state of Colorado administers heavy punishments for drunk driving. Residents and visitors who drive under the influence (DUI) of alcohol or drugs face several potential penalties like fines and even jail time.However, very few first-time DUI offenders spend time in jail. Judges examine the nature, circumstances and severity of the charge and injury...
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Posted September 10, 2020

What is an extreme risk protection order?

A protection order in Colorado is a court order that prohibits a person from contacting, injuring, harassing, threatening, stalking, intimidating or otherwise abusing a protected person. According to the Colorado Judicial Branch, a person with a protection order against them cannot enter or remain on the premises of the protected person. If someone files...
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