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Boulder Legal Issues Blog

Colorado Springs police, media assume driver in crash was DUI

Car accidents happen for any number of reasons. When they are particularly spectacular, it can be easy to assume that intoxication was the cause, perhaps because many shocking DUI accidents have been reported on the news. The mere fact of an accident, however, does not imply the driver was drunk.

It's important to remember that when the media reports on car accidents, they essentially only have the ability to report what the police say. In a few cases they may interview a witness, but for the most part these stories come right off the police blotter. Defense attorneys have not yet been hired and the accused is often not in a position to talk to reporters.

Colorado law enforcement ramps up DUI patrols for summer

It’s the summer time. A time to relax and enjoy a good barbeque and a few drinks with some friends. However, before you hit the road, keep in mind that Colorado law enforcement is out in full swing during the summer months, looking for drunk drivers.

Agencies throughout the state participate in something called The Heat Is On – a campaign that goes throughout the year that specifically targets drunk drivers through a series of initiatives, including sobriety checkpoints and increased patrols.  The entire goal of this campaign is to arrest as many drunk drivers as possible – with many of the initiatives taking place in the summer months.

How long do I have to file a personal injury claim?

Nothing is quite as upsetting as an accident with serious injuries. One day everything was fine. You were getting up, going to work, and taking care of your family. After an accident, the future can look murky, as you struggle to figure out just what you are going to do.

There is a lot to navigate after an accident. Whether you got hurt in a car accident, or slipped and fell on an icy sidewalk, you have a lot to deal with afterwards. There is the physical pain of your own injuries, but also the worry over what this is going to mean to your family and finances.

Registry: Majority of 2017 exonerations involved misconduct

According to the National Registry of Exonerations, at least 139 people were exonerated in 2017. These people had been convicted of criminal offenses and were then proven to be innocent of those offenses. Shockingly, 84 of the 139 wrongful convictions were the result of official misconduct. In 66 cases, no actual crime had been committed. Overall, these people lost 1,478 years of freedom.

The Registry has just released some reports detailing the causes and results of the exonerations historically and in 2017 specifically. The information in these reports can give us insight into those situations where the criminal justice system gets things wrong -- which is far, far too often.

Colorado still takes hard stance against drug crimes

While laws surrounding marijuana in Colorado have relaxed over the years, do not take this as a false sense of security – thinking that drugs are now just legal and that there are no repercussions after getting caught. Nothing could be farther from the truth.

In this post, we are going to set the record straight on three different scenarios.

The number of drivers with cannabis, opioids in system is rising

A recent report by the Governors Highway Safety Association indicates that we are seeing a lot more drugged driving. That may not come as a surprise, as the use of both cannabis and opioids has been on the rise. What should law enforcement and policy groups do?

The researchers used data from the National Highway Traffic Safety Administration (NHTSA). Researchers reviewed both roadside surveys and NHTSA's Fatality Analysis Reporting System (FARS). FARS is essentially a database of local police reports taken after fatal traffic crashes. These data sources were chosen as reliable and nationally representative, although the researchers acknowledge that no source of data accurately documents all driver drug testing.

Heather Locklear arrested for domestic violence, became combative

Ventura County, California, sheriff's deputies responded to a domestic disturbance call on Feb. 25 in Thousand Oaks, an area west of Los Angeles. The victim had a physical injury, making the alleged domestic violence offense a felony in California. The alleged assailant was actor Heather Locklear, 56, famous for her roles on TV's "Dynasty" and "Melrose Place."

According to a spokesperson for the Ventura County Sheriff's Office, the victim was Locklear's boyfriend. As a victim of alleged domestic assault, he was not identified to the press. The spokesperson had no details about the injury and the victim declined treatment.

Supreme Court allows constitutional appeal after guilty plea

Rodney Class is a bit of a celebrity among 2nd Amendment advocates and constitutional strict constructionists. A military veteran with a concealed-carry permit from North Carolina, Class considers himself a defender of the constitution -- a "private attorney general" who seeks to hold judges accountable for failing to uphold the founding document.

He travels around -- carrying guns -- taking judges to task when he feels they haven't lived up to their constitutional responsibilities. He has never threatened a judge with a gun.

49ers GM: If domestic violence charges are true, Foster is out

On April 12, 2018, San Francisco 49ers linebacker Reuben Foster was charged with felony domestic violence. He was accused of dragging his girlfriend by the hair, punching her in the head eight to 10 times, and throwing her out of the house in a February incident. She reported being bruised and suffering an injured eardrum. 49ers general manager John Lynch said that Foster will be cut from the team if the allegations are proven true.

"I want to be very clear, abundantly clear, that if these charges are proven true, if Reuben did indeed hit this young lady, he won't be a part of our organization going forward," Lynch told reporters. "That's the standard we want on our team, that's the standard we're going to operate under."

Can I refuse a breath or blood test in Colorado?

Question: If a police officer pulls me over and suspects that I am driving while impaired or intoxicated by alcohol, marijuana, or another drug, can I just refuse to take a breath or blood test? What happens if I refuse? 

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