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December 2018 Archives

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10th Circuit Oks filing DUI charges before BAC tests are even in

The Tenth Circuit Court of Appeals, which covers Colorado and several other western states, has ruled against a woman who was sober when she was arrested for DUI in Utah. She contended that, without a breathalyzer or blood-alcohol test showing she was under the influence, the state had insufficient evidence to charge her with DUI. Nevertheless, she was forced to defend herself from DUI charges for two-and-a-half months even though her blood-alcohol test would ultimately show a 0.01.

Records sealing: what you should know about this alternative to a permanent record

The National Employment Law Project estimates that more than 65 million Americans hold a criminal record of some sort, including convictions for misdemeanors and felonies. Most people know that a conviction, no matter what it is for or when the offense occurred, can follow you around for the rest of your life. However, did you know that even an acquittal or a dismissal of your case can mean a record that will show up on every background check, too?

SCOTUS likely to rule that costly seizures are 'excessive fines'

When Tyson Timbs of Indiana was convicted of selling a small amount of heroin in order to support his opioid addiction, he was sentenced to a year of home detention and five years of probation. The court could also have fined him up to $10,000, but chose not to. But Indiana law allows private law firms to intervene on behalf of the state, and one filed a civil forfeiture case and seized Timbs' $42,000 Land Rover.

When is a DUI a felony in Colorado?

If you are facing a DUI investigation or charge, you may feel that you already know the basics of what's at stake: in Colorado, DUIs are often misdemeanors, meaning a conviction may mean you must pay a fine, lose your license for a time, and complete court-ordered probation. However, if a DUI is prosecuted as a felony, the consequences can be much greater.

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