Super Bowl DUI Facts

Posted on: March 4, 2015 by in DUI
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Denver DUI LawyerSuper Bowl Sunday combines football, and alcohol, which means that motorists driving home after the game are at a high risk of being pulled over by officers, and being subjected to an alcohol test.

Every year, federal authorities take DUI risks over Super Bowl Sunday very seriously. The National Highway Traffic Safety Administration, in fact undertakes a designated driver campaign every year before the big game. The campaign encourages people, who are driving back home after watching the game and may not be in a position to drive, to hand over the wheel to someone else instead.

Look into designated driver services in the Denver area. These are for-profit designated driver services, and the services that they offer are typically based two methods. In the first, the driver will arrive at your venue in a scooter, which is designed to be and foldable into a bag. After driving you back home in your car, he will simply drive back on his scooter. In the other method, the designated driver will arrive with another team member in his own car, and after driving you home, will drive back in the other car.

However, the incidence of drunk driving on Super Bowl Sunday is not the highest in the year. Denver DUI lawyer find that other holidays also see much higher levels of driving involving high alcohol concentrations. For instance, the December to March season has the highest number of days when motorists are arrested for an average blood-alcohol concentration of about .06%. That is a legally permissible level, but Denver DUI lawyers find that it is the level at which some impairments begin to kick in. Valentine’s Day also sees high DUI rates.

Apart from Super Bowl Sunday, New Year’s Eve and the Fourth of July also see heavy alcohol consumption, and therefore greater rates of DUI.

Rolling Stone Backtracks from “Jackie” Rape Story

Posted on: March 2, 2015 by in Criminal Defense, Sex Crimes
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Denver criminal defense attorneyA recent story published in Rolling Stone magazine garnered nationwide attention. It focused on the alleged campus rape of a young college student called Jackie, and allegedly perpetrated by seven male students at the University Of Virginia.

Campus assault, or campus rape, is a hot button topic these days, and Denver criminal defense attorneys find that any stories that are related to sex crimes on campus are covered extensively in the media. Jackie’s story was no different. It went viral quickly, and the University Of Virginia decided to take action immediately. It moved to crack down on drinking on campus, and focused especially on male frat parties.

However, Rolling Stone has now backtracked from the story, and has claimed in an update to the article that it has found several inaccuracies with Jackie’s story. In the Rolling Stone exposé, the student allegedly went on a date with a young man, and was raped by him and his friends. She confided details of the rape to two friends. However, the details that she recounted in the Rolling Stone exposé seem to differ heavily from the details that her friends remember. In the Rolling Stone story, for example, she describes standing in a bloodied, tattered dress after the rape, watching her friends argue about whether to go to the authorities about her rape. Her friends now say that such a conversation never took place.

There are several other such inaccuracies in a story, which has become increasingly bizarre. It’s quite likely that the man she claimed that she dated, and who she says raped her along with seven men, did not even exist.

The University Of Virginia found itself under tremendous of pressure when the story first broke, and was criticized for its supposedly cold attitude towards the incident. Unfortunately, false allegations of rape are much more common than people like to believe. Often, these allegations emerge when a couple engages in consensual sex under the influence of alcohol, and the woman undergoes a change of heart the next morning. In other cases, these allegations are the result of a relationship gone sour.

If you have been accused of rape, get in touch with a Denver criminal defense attorney immediately. These are serious crimes, and an attorney will be able to begin investigations to build a defense for you.

NHTSA App Connects Drunk Drivers with Taxi Services

Posted on: February 27, 2015 by in DUI
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Denver DUI defense attorneysThe National Highway Traffic Safety Administration recently announced the release of a new app that aims to connect drunk partiers, with taxi services that can give them a safe ride home.

The announcement was made to coincide with the annual holiday drunk driving crackdown initiative by the federal administration. The campaign titled Drive Sober or Get Pulled over, has operated over the holiday season for many years now, and aims to pull intoxicated motorists off the road.

Denver DUI defense attorneys find themselves exceedingly busy during the last days of the year, when more motorists are likely to be pulled over for driving under the influence of alcohol. This year, the NHTSA wants people who are too intoxicated to drive to be responsible, and avoid getting behind the wheel. They can instead download an app that is available for download on Android and Apple devices. The app called SaferRide allows persons to call a taxi service from a list of providers. It also allows persons to call a friend to pick them up and take them home.

The app is specifically designed for those motorists, who are so intoxicated they are not even able to identify their location, or provide their friend or taxi service information about their location. The app will allow you to refer to a map, or will provide details of your location to the taxi or your friend, so they can pick you up easily.

This holiday season, be a smart and responsible driver. Avoid drinking and driving, even if you have had just a couple of alcoholic beverages. Don’t make the mistake of assuming that you will not be pulled over for DUI, just because you are on a short journey. Some of the cases that Denver DUI defense attorneys come across involve persons who were arrested less than a mile from their homes.

Eat a good meal, if you know that you’re going to have a few drinks and drive home. This is not a foolproof way to avoid driving under the influx of alcohol, because alcohol affects different people in different ways. However, for some people, eating a good meal does slow the down the absorption of alcohol into the system.

Lower DUI Rates in States with Effective DUI Crackdowns

Posted on: February 25, 2015 by in DUI
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Denver DUI lawyerAs the year’s holiday DUI crackdown begins in Colorado, a new study finds that states that invest in DUI crackdowns see lower DUI rates, compared to those cases that do not have such crackdowns. In Colorado, the campaign is called The Heat Is On, and runs throughout the year. It features regular DUI enforcement campaigns over major holidays and public events. This year, your chances of being pulled over for DUI are very high. The risks actually get even more severe as you get closer to the New Year’s Eve holiday.

The study finds that when states invest heavily in crackdowns that are aimed at getting intoxicated motorists off the road, drivers are much less likely to drive after drinking. The study which was conducted by researchers at the Pacific Institute for Research and Evaluation, found that when states make efforts to enforce existing DUI laws, the number of motorists who feel emboldened to drive after having a few alcoholic beverages decreases.

Specifically, the study found that when the rates of motorists being stopped on the road and pulled over for an alcohol test was below 228 for every 10,000 drivers, drunk driving rates were nearly 4 times higher, compared to states where the stop rate was approximately 1,275 per 10,000.

Moreover, the study also seemed to indicate to Denver DUI lawyers that it is the randomness of being pulled over for an alcohol test that encourages motorists to avoid driving under the influence of alcohol. The same study did not find that sobriety checkpoints affected DUI rates. In sobriety checkpoints, there are open signs that inform motorists of officers’ intentions of conducting DUI tests, and motorists often find it easy to avoid these tests because of updates posted on Twitter and social media. Random stops seem to discourage DUI.

Your risks of being arrested for DUI are even higher over the holiday season. Get in touch with a Denver DUI lawyer as soon as you arrested for DUI. A conviction could result in a license suspension, fines, and even jail time.

Supreme Court to Decide Whether Lifer Juvenile Offenders Deserve Resentencing

Posted on: February 23, 2015 by in Criminal Defense
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Denver criminal defense attorneysAcross Denver, criminal defense attorneys are waiting for a key decision by the US Supreme Court. The Supreme Court is soon set to decide whether juvenile defenders, who have been sentenced to life sentences in prison with no possibility of parole, are eligible for resentencing.

In 2012, the US Supreme Court had ruled that such mandated life sentences for juvenile offenders violate the Constitution. It now says that it will consider whether that earlier ruling should be made retroactive, which means that hundreds of juvenile offenders, who have been sentenced to life imprisonment, could have their sentences revised.

The Supreme Court will consider the case of a man who is asking for the 2012 decision by the Supreme Court to be applied retroactively. That means that it would apply to persons who are currently serving life sentences in the country’s jails for offenses committed when they were juveniles. The Supreme Court in Miller Vs Alabama had ruled 5- to- 4 that state laws that mandate life terms in prison for juvenile offenders, with no parole constituted cruel and unusual punishment. It therefore violates the Constitution’s provision against such cruel and unusual punishment.

Some juveniles who were sentenced years ago to such mandated life terms have spent their entire adult years in prison. For instance, Michigan’s oldest juvenile offender, who is currently in prison serving a life sentence, is now 70 years old.

Back in 2012, judges writing for the Supreme Court ruled that a mandated life sentence without possibility of parole for juvenile offenders does not consider a number of factors that should be accounted for while sentencing a juvenile. It does not take into consideration his chronological age, immaturity, the impetuosity that comes with youth, and the failure to appreciate the consequences of one’s actions that are the hallmark of delinquent juvenile behavior.

In Colorado, the situation for these prisoners continues to remain in a state of uncertainty. Colorado currently has about 50 prisoners, who are serving life sentences for juvenile offenses. All of them have petitioned courts for resentencing.

If you are arrested for a juvenile offense, speak to the best Denver criminal defense attorneys immediately.

Secret Recordings Inadmissible As Evidence

Posted on: February 20, 2015 by in Criminal Defense
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Denver criminal defense lawyerA court in in Florida recently ruled that a man who was convicted in a sexual abuse trial is eligible for a retrial, because his conviction depended very heavily on the use of a secret recording of a conversation with the man.

The laws in Florida do not allow the use of secret recordings that are made of a person who has not given his express consent or permission for a recording. This law however severely to the test, with on the arrest of Richard McDade, who was arrested and convicted on federal charges of sexual abuse and battery of his stepdaughter.

According to the stepdaughter, he had been molesting her ever since he married her mother soon after their arrival from Mexico. In 2011, the stepdaughter made a couple of secret tape recordings of conversations with her stepfather. The recordings were made to serve as proof of the molestation.

McDade was arrested. His attorneys demanded that the recordings be suppressed, because they were inadmissible in court as evidence. However, the court did not agree to the request, and based on the recordings, he was convicted.

Now, however, the Florida Supreme Court has ruled that the recordings cannot be admitted as evidence. The court also held that testimony of the girl’s boyfriend who helped her obtain the secret recordings of the stepfather, could also not be admitted as evidence, because it was hearsay.

The girl insisted that the recordings were made with the express intention of serving as proof of the stepfather’s criminal conduct.   The judges did not agree that such recordings could be held admissible. However, the judges did leave room for the lawmakers to enact legislation that would allow for crime victims to obtain recordings made to serve as proof of the crime. However, the judges stated that this was a matter that should be left to lawmakers.

If you have been arrested for a sex crime, speak with a Denver criminal defense lawyer immediately.

What to do After a DUI

Posted on: February 18, 2015 by in DUI
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Denver DUI lawyersA man who was arrested for driving over the New Year’s holiday for DUI had an interesting excuse for driving under the influence on this alcohol- heavy day. The man, according to reports, informed police who arrested him that he should not be arrested, because New Year’s is the time when everyone is drinking anyway.

The man was arrested in New Jersey around midnight after an officer spotted him driving through a stop sign. The police pulled him over, and performed field sobriety testing on the man. He was taken to the station for an alcohol test. However, the man informed another police officer that it was New Year’s when everyone drives drunk, and therefore, he should not be arrested.

The man was not only arrested for DUI, but also refused to take a breath test.

This is a prime example of the kind of destructive behavior that Denver DUI lawyers believe can actually jeopardize their DUI case. It’s important to speak as little as possible, and leave the job of defending you to an attorney who is experienced in DUI law. An attorney will be able to ascertain whether all of the procedures for your DUI arrest are in compliance with the laws.

Speak as little as possible when you are pulled over for driving under the influence of alcohol. You can refuse to take the test, but it can be held against you, and you can be slapped with additional charges for refusing to take a test. Don’t make excuses, but if you fail the test, don’t admit to officers that you only had a couple of alcoholic beverages. These are the sort of mistakes that could have you playing right into officer’s hands. Remember, officers aren’t interested in helping you get away without an arrest. They are aiming for a conviction.

Driver’s License Suspensions Adversely Impact Lower Social Economic Immunities

Posted on: February 16, 2015 by in Traffic Offense
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Denver traffic citation defense lawyerA recent report by NPR spotlighted practices in several states around the country, including in Colorado, in which large segments of the population, comprising of lower socioeconomic communities are driven into poverty for failing to pay traffic violations fines. That leaves them severely impacted because they lose their licenses, and have no other means of transportation to go to work.

According to the investigation at NPR tiled Guilty as Charged, many poor people find the costs of paying these fines for traffic violations often too heavy. In many cases, the fines after adding court fees run into the hundreds, or even thousands of dollars. These people are often not in a position to be able to pay those fines, which means that they continue to lose their driving privileges.

According to many economic experts, these policies do impact the poorest communities the most, because when a person does not have a driver’s license and means of transportation, his chances of getting a job are dramatically reduced. In fact, some studies have found that the biggest barrier to obtaining employment is the lack of a driver’s license.

Besides, Denver traffic citation defense lawyers find that many persons who lose their driver’s licenses for something as simple as driving with a broken tail light, are people who are already from lower socioeconomic backgrounds. Many are African-Americans, Hispanics and persons from other ethnic backgrounds. For instance, the study found that one out of every three African-American men in one poor Wisconsin background did not have a driver’s license.

In a post-recession economy, many of the jobs in industries that are hiring are not serviced by public transportation like buses and trains. That makes it difficult for people to access these areas. A person, who does not have a driver’s license, is relegated to lower employment opportunities or no employment opportunities at all.

If you have been charged with a traffic offense and are at risk of losing your license, speak to a Denver traffic citation defense lawyer immediately.

MADD Rates Drunk Driving Prevention Efforts in Colorado

Posted on: February 13, 2015 by in DUI
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Denver DUI lawyerTo rate all 50 states, the group created a five- star rating system that focused on several different measures that can be taken to prevent drunk driving accidents and fatalities. States were rated based on the number of the criteria that they managed to fulfill.

The group awarded high marks to Colorado, ranking it as a “five- star” state, that has been very successful in its efforts to eliminate drunk driving on. Colorado’s laws that currently allow certain convicted drunk driving offenders to have a shorter license suspension period if they choose to participate in an ignition interlock program incentivizes ignition interlock programs, and helps reduce drunk driving rates.

Additionally, according to MADD, because of the all- offender interlock law, Colorado has managed to reduce the number of drunk driving accident fatalities on its roads by as much is 24%.

As any Denver DUI lawyer knows, Colorado has of the nation’s strictest laws against drunk driving. If you are arrested for DUI, know that you face a series of penalties that include fines, and even jail time. You could lose your license for several months, depending on the number of offenses on your record. In Colorado, you could face two different types of alcohol-related offenses. You could face charges of Driving under the Influence of Alcohol or Drugs or DUI, or charges of Driving While Ability Impaired or DWAI.

For a first DWAI offense, you will accumulate several points towards license suspension, could be fined up to $500, and could spend up to 180 days in jail. However, if you are convicted of DUI, you could lose your license for up to nine months, even in the case of a first offense. You’re looking at a maximum of one year in jail, even for a first-time offense. Those are stringent penalties, and kick in swiftly as, unless you speak with a Denver DUI lawyer as soon as you are arrested.

Lawmaker Drops Controversial DUI Defense

Posted on: February 11, 2015 by in DUI
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Denver DUI defense attorneyA DUI lawyer in Denver will leave no stone unturned to defend his client. Sometimes however, defenses could actually be inappropriate, or even controversial. In Kentucky, a lawmaker, who was arrested earlier this month for DUI, found himself in the middle of a controversy, after his lawyers claimed a centuries-old defense.

His attorneys filed a motion claiming that he could not be arrested for DUI, because legislature was in session. Legislature began its session in Kentucky the day after he was arrested for DUI in January. According to the attorneys, the provision exempting lawmakers from arrest for such offenses exists in an amendment that was enshrined in the constitution back in the 1800s. The provision exempts lawmakers from arrest during the time that the legislature is in session. The provision however allows arrests for serious offenses, like treason.

However, controversy erupted when attorneys for the senator used this defense. He has now decided to drop that defense. According to Smith, he asked his attorneys to withdraw the motion which tried to quash the arrest and the charges because of the 1891 provision. He claims that he does not want preferential or special treatment as a result of his position. He also denies that was driving under the influence of alcohol on the night that he was arrested for DUI.

If you are arrested for DUI, you need expert legal guidance immediately. Speak to a Denver DUI defense attorney immediately about your options for getting charges dismissed or minimized.