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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

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 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 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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Posted August 30, 2020

Is DNA reliable evidence?

DNA is often the key evidence in a criminal case. It is scientific and holds a lot of weight to provide solid proof.While many hold DNA evidence in high esteem, The Atlantic explains that this evidence is losing its ability to provide accurate proof in some situations.The problemThe issue with DNA evidence is that...
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Posted August 13, 2020

When is trespassing considered a felony?

Trespassing can be a serious offense. Aside from violating the sanctity of property belonging to someone else, a trespasser may want to commit other crimes after entering a home or building. In such cases, a Colorado prosecutor may seek a trespassing charge that rises to the level of a felony.According to FindLaw, the circumstances...
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Could penalties from a Colorado DUI follow you to your home state?

If you visit Colorado—whether you pass through on your way to another state or you travel to the state for a getaway—you will probably spend some time enjoying the scenery on Colorado’s roadways. However, if the authorities charge you with driving under the influence (DUI) while you are in the state, the impact of...
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Posted July 31, 2020

DUI penalty may increase distracted driving

A person in Colorado arrested for a suspected driving under the influence charge may be required to install and use an ignition interlock device in order to regain their driving privileges.The IID aims to prevent repeat impaired driving events by keeping a lock on a vehicle’s ignition until the driver passes a breath test.Colorado’s...
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