Colorado Springs Criminal Defense Blog
What You Should Know If You Have Been Charged with Insurance Fraud in Colorado
Colorado Revised Statute 18-5-211 makes it illegal to commit insurance fraud in Colorado. The statute outlines five ways a person can commit insurance fraud.
How a Lab Error Can Lead to a DUI Conviction
Law enforcement uses crime lab evidence to get DUI convictions. Breathalyzer and blood testing are designed to prove the defendant was over the legal blood alcohol concentration (BAC) limit while driving. But crime labs can make errors that can lead to a false positive. In that case, an experienced Colorado Springs DUI attorney can help defend you against a conviction.
Does Self-Defense Apply in Domestic Violence Cases?
In Colorado, if law enforcement is called out to a domestic incident, they are required to arrest someone. While you may honestly have acted in self-defense, you may find yourself arrested, taken to the police station, booked, and in jail until you post bond – just the start of some grave consequences.
How Colorado’s Five Year Rule Can Help a Second DUI Charge
Have you been arrested and charged with DUI and have a prior DUI conviction? Colorado law allows for more severe penalties to be imposed in a second DUI, but only if the first DUI occurred within five years before the current charges. If you are accused of DUI, your first action is to exercise your right to remain silent and your right to an attorney. Make sure you choose the right DUI defense lawyer, as not all DUI defense attorneys are created equal.
Why You Can Be Labeled a Habitual Traffic Offender for a DUI
Being charged with a single DUI can upturn your life. You may lose your license, be sent to jail, and have to pay hefty fines. Because Colorado treats DUIs as priorable offenses, defendants can face harsher penalties if they have committed DUIs in the past. In serious cases, this can lead to being labeled a habitual traffic offender.
How Smoking Can Affect a Breathalyzer Test
During a traffic stop, police will rely on breathalyzer tests to determine if a driver is intoxicated or not. These tests measure drivers’ blood alcohol concentration (BAC) through their breath and can hold a lot of weight in a criminal case. However, this is assuming that an officer followed proper procedures when administering a test, and that the device function properly. It is also possible for smoking habits to also impact a DUI test.
What Are the Penalties for an Extraordinary Risk Crime?
Several felony crimes are listed as “extraordinary risk” offenses under Colorado state law. These are crimes that state lawmakers have deemed pose a substantial risk to human health, safety, and life. Extraordinary risk crimes come with enhanced prison sentences, and minimum sentencing guidelines.
Penalties for Tampering with an Interlock Device
In a DUI conviction, the person may be required to have an interlock device installed in any vehicle they drive. The installation of the device makes it possible for a driver convicted of DUI to be able to legally operate a vehicle sooner after a license revocation. Any person who is found to have tampered with one of these devices faces serious penalties.
Can a Domestic Violence Victim Refuse to Testify?
Colorado laws are tough in cases of domestic violence. If a person calls 911 due to an attack, or threat of an attack by a domestic partner, the police are dispatched to the home. Law enforcement will arrive at the door, and they are obligated to make an arrest, to one or both people involved in the incident.
How Should I Respond at a DUI Checkpoint?
DUI checkpoints are common on the weekends around Colorado Springs, as bars, clubs, and restaurants become packed with customers. Police officers may set up checkpoints on major roads to identify impaired drivers and arrest them before a collision can occur.
Even if you have already experienced passing through a DUI checkpoint, it is important to understand your rights and how to respond to officers just in case. You don’t want to be facing serious charges.