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Breckenridge Criminal Defense Law Blog

You came to Breckenridge for the skiing -- and marijuana

Since Colorado changed its constitution back in 2014 to allow recreational use of marijuana within the state, many vacationers take the opportunity to partake in its use while they are here. For legal adults, this could be the opportunity to see "what all the fuss is about."

For those who use marijuana medicinally, coming to Breckenridge is an opportunity to freely use it as well. In fact, Breckenridge has been ahead of the marijuana curve for decades now. Medical marijuana use began back in 1994, so when the constitutional change took effect on Jan. 1, 2014, the town's four dispensaries were ready to go. Even though it's not illegal, there are some caveats for visitors to the area.

A DUI arrest could temporarily stop your driving privileges

Driving privileges are invaluable. After all, they essentially enable you to provide for yourself and/or your family by getting to your place of employment every day. If you work as a commercial driver, driving privileges provide your livelihood. Losing your driving privileges can also be devastating if you are responsible for getting the children to school or have no other way of making your medical appointments. In addition, just the thought of losing the freedom that comes with being able to drive can be demoralizing in and of itself.

Unfortunately, your driving privileges could easily disappear as a result of a charge of drunk driving. Likewise, your privileges may be in jeopardy due to a repeat DUI offense or a reported connection to an accident involving driving under the influence. In this situation, you have the right to state your case before the Colorado Department of Motor Vehicles in administrative hearings.

The cough syrup that can land you in jail

No matter where in Colorado you reside, you likely have stores near you that sell cough syrup or other cough and cold medications. In fact, you've probably taken this type of medicine at least several times over the course of your life. If you're a parent, you may even have offered such medicines to your children in times of illness. Some cough syrup is available by prescription only; this kind is often used to treat very painful throat infections or viruses.

Surprisingly, such medication has led many people into trouble with the law. As with all prescription medicines, prescription cough syrup is only legally allowed to be consumed by the person for whom the prescription is written. If you give your medicine to someone else to use or you sell it on the street, police can charge you with a crime.

Should Good Samaritan law apply to your situation?

Though doing the right thing should feel like a simple act, it more often proves difficult for many people. Certain circumstances may make you fear repercussions that you could face when trying to help another person. Unfortunately, you could potentially get caught up in a legal predicament if you step in to help someone only to have the situation shed a negative light on you.

One example in which you and many others may feel hesitant to act relates to drug overdoses. When a family member, friend or even you suffer the negative effects of an overdose, you may quickly realize that you need help. Due to the potential for criminal charges, you and others may hesitate to call 911. However, certain laws may work to protect you in such cases.

Can a relaxing vacation lead to disorderly conduct charges?

When on vacation, most people want to indulge themselves and have a good time. In some cases, you and your friends may become rowdy and rambunctious but do not intend to interfere with anyone else also attempting to have an enjoyable time. Unfortunately, certain situations could get out of hand or a misunderstanding could occur that results in a bit of fun turning into a legal situation.

After a few drinks, many people commonly find themselves letting go a bit more than they normally would, but if another person perceives your attempts at relaxation as disorderly conduct, you may find yourself dealing with police. Therefore, you may want to better understand what could constitute such conduct.

Did officers wrong you by failing to read your Miranda Rights?

In the United States, you have many rights that allow you to pursue certain opportunities and protect yourself from incrimination. Other individuals should not violate your rights, especially if you face a legal predicament. If you find yourself in a situation in which police officers take you into custody, your Miranda Rights may come into play. These rights can make a considerable difference in how your case proceeds.

An issue you may wish to understand when it comes to Miranda Rights relates to when the warning applies. If officers intend to question you about a situation after taking you into custody, they must ensure that you know your rights.

Is the one-leg stand test a good indicator of impairment?

Summer will be here soon and with it will come an increased police presence across Colorado in order to keep impaired drivers, whether they are visitors or residents, off the roads. If an officer pulls you over for a suspected DUI, you will likely be asked to perform a number of tests that will help law enforcement authorities determine if you are actually impaired. One of those tests is the one-leg stand.

The one-leg stand is just what it sounds like. You will need to stand stable on one-leg for a certain amount of time. Is this an accurate measure of impairment? Some say yes, others say no.

Let a lawyer help find a remedy to your drug possession charge

A drug-related crime can have a severely negative impact on your life if prosecuting attorneys achieve a conviction in a Colorado criminal court. This is a topic that the state takes very seriously; therefore, the penalties for such crimes are quite tough. One of the most commonly seen drug crimes in the state is possession, either for personal use or intent to distribute. If you are facing accusations of carrying an illegal substance, you may face charges at the state and/or federal level.

So, how do you know if your case will be a state or federal matter? What are the potential penalties of a possessions charge? Finally, what defense strategies are available?

Don't get smoked by drug manufacturing, cultivation charges

When you face criminal charges, rather than resigning yourself to a feeling of defeat and punishment, you may want to explore your defense options. Understanding a variety of elements relating to your situation could help you build a meaningful defense against the allegations. The more you know about your predicament, the more confident you might feel in your ability to address the legal proceedings ahead.

If the charges brought against you relate to drug manufacturing, certain state laws could affect the allegations, especially in certain states that legalized the recreational use of marijuana.

Driving while high can bring serious consequences

Despite the fact that the recreational use of marijuana is legal in Colorado, it remains illegal to drive while under the influence of any type of drug or alcohol. If caught, a drugged driver will face arrest for DUI and criminal charges. Those facing this unfortunate legal situation would be wise to confront any charges related to driving under the influence of drugs (DUID) by seeking legal help as soon as possible.

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