Colorado Springs Criminal Defense Blog

How Is a DUI/DWI in a School Zone Charged in Colorado?

By Timothy Bussey on November 18, 2021

Driving under the influence of alcohol or drugs is a serious offense under any circumstances. This crime is treated even more harshly under the law when it occurs in a school zone. DUI in a school zone means harsher penalties upon conviction. Colorado law states that any person who commits a moving traffic violation in a school zone is subject to increased penalties, at CO Rev Stat § 42-4-615. Penalties for DUI are severe, even when it does not occur in a school zone. They may include up to a year in jail, fines of up to $1,000, up to 96 hours of community service, and driver’s license suspension for up to nine months.

Posted in: DUI Defense

How to Avoid a DUI During the Super Bowl in Colorado

By Timothy Bussey on November 11, 2021

Football season is a time for tailgating. Many fans are celebrating with friends, food, and drink, particularly during the Super Bowl. Tailgating and Super Bowl parties are an important part of American culture, but no party is worth a DUI arrest.

Posted in: DUI Defense

Timothy Bussey Discusses DUI Case on FOX21

By Timothy Bussey on November 4, 2021

Breaking Down the Third DUI Arrest of Pueblo County Sheriff’s Deputy

Colorado Springs criminal defense attorney Timothy Bussey gives an interview on FOX21Attorney Timothy Bussey appeared on local news affiliate FOX21 to explain charges facing a Pueblo County Sheriff’s Deputy after a third DUI arrest. The deputy faces two charges, careless driving and driving under the influence, after his latest arrest this past June in Huerfano County. While Mr. Bussey is not personally handling the case, he took time to explain the Colorado DUI laws at play.

Posted in: DUI Defense

What You Should Know If You Have Been Charged with Insurance Fraud in Colorado

By Timothy Bussey on October 7, 2021

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.

Posted in: Criminal Defense

How a Lab Error Can Lead to a DUI Conviction

By Timothy Bussey on September 29, 2021

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.

Posted in: DUI Defense

Does Self-Defense Apply in Domestic Violence Cases?

By Timothy Bussey on September 24, 2021

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.

Posted in: Domestic Violence

How Colorado’s Five Year Rule Can Help a Second DUI Charge

By Timothy Bussey on September 18, 2021

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.

Posted in: DUI Defense

Why You Can Be Labeled a Habitual Traffic Offender for a DUI

By Timothy Bussey on August 31, 2021

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.

Posted in: DUI Defense

How Smoking Can Affect a Breathalyzer Test

By Timothy Bussey on August 27, 2021

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.

Posted in: DUI Defense

What Are the Penalties for an Extraordinary Risk Crime?

By Timothy Bussey on August 26, 2021

 

A gavel on a wooden desk.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.

Posted in: Violent Crimes


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