Colorado Springs Criminal Defense Blog
DUI Express Consent Actions in Colorado
If you are arrested on suspicion of driving under the influence (DUI) or driving while ability impaired (DWAI) in Colorado, your driver’s license may be suspended even if you have not been convicted of any crime. There are several scenarios, known as “express consent” situations, in which this may occur.
Drivers in Colorado are presumed to have consented to a chemical test for alcohol, like a breath or blood test, when they accepted their Colorado driver’s license. If you refuse to take a chemical test when asked to do so by a police officer, your driver’s license may be suspended or revoked for at least 12 months.
Colorado Legislature Looks at New Cyberbullying Law
The Colorado legislature is considering a new bill that, if passed, will make online bullying behavior a crime, according to a recent CBS News report.
The bill passed unanimously through the House Education Committee recently, after lawmakers heard testimony from teens who were bullied via social media and other online sources. The bill will have to face one more committee vote before it can be submitted to the entire House for consideration. If the House accepts it, the bill will also have to be passed by the Senate and signed by Colorado governor John Hickenlooper before it becomes law.
Understanding the Horizontal Gaze Nystagmus Test
The “horizontal gaze nystagmus” or “HGN” test is just one of the field sobriety tests a Colorado police officer may expect a driver to submit to when the driver is pulled over on suspicion of driving under the influence of alcohol (DUI). The test requires the driver to follow a small moving object with his or her eyes. By watching the eye movements, the police officer is supposed to be able to determine whether or not the driver is intoxicated.
While this test has an impressive, scientific-sounding name, the principles on which it is based should be analyzed carefully in any DUI criminal charge that depends on the results of the test.
Following Marijuana Legalization, Criminal Charges Plummet
The number of criminal charges filed on suspicion of marijuana-related crime dropped sharply after the state legalized limited possession of the substance for adults 21 and over, according to a recent article by the Denver Post.
An analysis by the news publication found that the number of marijuana-related cases filed in state court dropped by 77 percent between 2012 and 2013. Charges for small amounts of marijuana possession dropped the most: 81 percent fewer cases were filed in 2013 than in 2012.
Are You Ready for 2014? Top 5 New Year’s Resolutions
The New Year is always the time when we look at the past year and look forward to the birth of a new year. It’s not just a time to reflect on the changes we want to make in our lives, but also a time to resolve to follow through on those changes and make our dreams and wishes a reality. Here is a Top 5 list of New Year resolutions. See if your resolutions made the list:
- Lose weight and get fit: This is consistently on the top 5 list and is a good one for everyone to have. Weight loss and fitness are not just one-time goals. Maintaining weight loss is often more difficult than getting off the weight. So, losing weight and getting fit should be part of a lifestyle instead of a one-time affair.
Changes to Colorado DUI Laws Coming January 1
On January 1, 2014, House Bill 13-1240 will go into effect. This bill marks changes that have been a direct result of lobbying efforts by the Colorado Criminal Defense Bar and DUI (driving under the influence) defense firms. House Bill 13-1240 alters several existing laws regarding license reinstatement
Once in effect, House Bill 13-1240 will allow a driver to apply for early reinstatement of their license if they have had their license revoked for one year or more because of a criminal conviction for DUI, DUI per se, DWAI, or has had their license revoked for multiple per se revocations under CRS § 42-2-126. A driver who has been convicted for a DUI, DUI per se, DWAI, or who has had their license revoked on multiple per se revocations may apply for early reinstatement with ignition interlock after he or she has served one month of the revocation.
Five Things Best Left Unsaid at the Thanksgiving Table
The Thanksgiving table is perfectly set. The turkey is tasty and tender. The mashed potatoes are just right. And then it begins – the bickering. Thanksgiving is that wonderful time of the year when families come together to express gratitude for everything we have received during the year. But, what happens at the table may be something entirely different, which is why many of us dread the conversations more than we may dread the cooking.
When it comes to maintaining peace at the Thanksgiving table, it is best to steer clear of topics that are inappropriate for the occasion. Here are five things that are best left unsaid at the Thanksgiving table:
1. Sweeping generalizations: These are always/never statements like: “You never call me back” or “You’ve always loved Jack more than you’ve loved me.” These types of statements can spark lengthy, conflict-ridden discussions, which is exactly what makes Thanksgiving a nightmare for many families.
Using Your Constitutional Rights: Protection During a Colorado Trial
This is the second part of a two-part blog series on your Constitutional rights as a Colorado citizen accused of a crime. Your rights during an arrest can be seen in the first part of the series.
Trials are complicated matters. Without fully knowing your rights, you may take actions that harm your case. As such, having complete knowledge of how the U.S. Constitution aids you and protects you throughout a trial.
Protecting Yourself During a Trial
Most people know that the U.S. Constitution provides that all defendants are innocent until proven guilty. However, there are many other rights that protect you as you fight back against charges from the prosecution. Knowing these can help you stay protected and have the best chances at success.
Using Your Constitutional Rights: Protection During Arrest in Colorado
This is the first part of a two-part blog series on Constitutional rights and your legal avenues as a Colorado citizen accused of a crime.
If you have been arrested in Colorado Springs, you may feel as if your rights have been taken away from you. It is important to remain calm and remember that you are innocent until proven guilty. Not only that, but the U.S. Constitution provides you with many different rights in the event that you are accused of a crime.
Rights in the Event of an Arrest
Being aware of your legal rights can go a long way in protecting you from manipulative or deceptive statements or actions by law enforcement or the prosecution. Here are a few protections for persons accused of a crime as afforded by the U.S. Constitution:
Colorado Springs Man Arrested on Suspicion of Sexual Assault
A 36-year-old man has been arrested on suspicion of having sex with an underage girl. According to a KKTV news report, Colorado Springs police say he was engaged in a sexual relationship with a girl less than half his age since the summer of 2012. The alleged victim is 18 now, but she was 17 when the alleged relationship began. The age of consent in Colorado is 17, but according to the Colorado Springs Police Department, the man “was in a position of trust over the victim.”
The age-of-consent laws in Colorado are complicated and confusing. Colorado is one of nine states that have a legal age of consent of 17. This means that under some circumstances, a 17-year-old can consent to sexual activity with someone over the age of 18. A 17-year-old cannot, however, legally consent to a person who is in a position of trust. This means that a 17-year-old Colorado resident cannot legally consent to a relationship with any person: