Man Cites Beer-Battered Fish Consumption as DUI Defense

Posted on: January 30, 2015 by in DUI
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Denver DUI defense attorneyThere are several types of defenses that a Denver DUI defense attorney can establish when you are arrested for DUI. However, consuming beer-battered fish probably won’t make the list. A 75-year-old man in Wisconsin, who was recently arrested for the 10th time for driving under the influence of alcohol, claimed that he had not consumed alcohol, but had eaten beer-battered fish, a local delicacy, before driving.

Police pulled the man over, after spotting him veering across the centerline of the road. They also noticed that he had a broken headlight. However, when they pulled him over, they noted the smell of alcohol, and other signs of intoxication. He told police that he had nine previous DUI convictions on his record. However, he denied that he was drunk at the time, but claimed that he had eaten a few pieces of beer-battered fish just before he began driving.

When police administered an alcohol test, he measured at .062 on the test. That was lower than the legally permissible level of .08%, but because of his previous nine convictions for DUI, he was not allowed to be driving with a blood-alcohol concentration of above .02%. Therefore, he was charged with his 10th DUI.

Denver DUI defense attorneys will receive more calls over the next few weeks as the number of people being pulled over and arrested for DUI increases. More numbers of officers will be stationed to pull motorists over when they’re suspected of DUI. Police will look for any excuse to pull you over, and in this case, pulled the man over because he was swerving between lanes, and driving without headlights on. However, if you are pulled over, it’s best not to make any kind of excuses for your drunk driving, and say as little as possible. Get in touch with a Denver DUI defense attorney quickly.

Often, people panic and start talking too much, believing that if they can convince officers that they are not intoxicated, officers will simply let them go. That will not happen, especially over the holiday season when officers are under pressure to notch up as many numbers of DUI arrests as possible.

More Persons Challenge Sex Registry Laws

Posted on: January 28, 2015 by in Sex Crimes
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Denver sex crimes defense lawyersIt’s safe to say that sex offenses are some of the most reviled times. There are few categories of crimes in which a person who is accused of the crime, is simply seem to be guilty. Certain types of sex crimes can result in stringent punishments that can completely alter the person’s ability to live a normal life, possibly permanently. Offenders can be required to live out the rest of their lives as part of a national registry, which is very often publicly accessible. Registration in a sex offender registry is part of the penalty, for many types of sex crimes.

However, more and more persons are now challenging their inclusion in sex offender registries, which in most cases is permanent. Even when a conviction has occurred decades earlier, a person could continue to face the repercussions of the offense for many years later. Registration in a sex offender registry can impact your ability to go to school, get a job, and your ability to marry, settle down and have children. It can affect your ability to live in the neighborhood of your choice, and your social and interpersonal relationships.

In Colorado, persons who are convicted of certain sex offenses, including Unlawful Sexual Contact or sex crimes involving minors are required to register in a sex offender registry. The registry contains information about the person’s name, address, and the offense as well as photographs and aliases. Under Megan’s Law, Colorado authorities are required to provide the public information about any persons convicted of sex offenses.

However, increasingly, a number of criminologists, lawyers, and sex offender registrants as well as their families are challenging the constitutionality of these laws. They claim that many of these laws that require persons convicted of sex offenses to be included in a sex offender registry, do very little to reduce overall crime rates. Denver sex crimes defense lawyers find that very few sex offenses are committed by repeat offenders. In other words, most offenses are committed by new offenders, and persons who have already been convicted of an offense, are not very likely to become repeat offenders.

In spite of those facts and in spite of statistics finding that such stringent penalties do little to keep the public safer, Denver sex crimes defense lawyers find that these penalties continue to be applied often, with devastating consequences for the offender.

New Breathalyzer Device Helps Reduce DUI Risks

Posted on: January 26, 2015 by in DUI
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Denver DUI defense attorneySeveral new technologies that have been developed recently encourage motorists, to determine their own blood alcohol levels as accurately as possible, to avoid being arrested for DUI on their way home. A new device that was introduced recently, allows people to determine how intoxicated they are before they begin driving. The device will also prompt the person with a taxi service app that can help him get home safely.

This new device is called Breeze, and it is small enough to fit into a purse or a pocket. The device can be linked via Bluetooth to a smartphone app. To determine whether you are intoxicated, you must blow into device at least 20 minutes after consuming the alcohol. The device will measure the blood alcohol level in the system, and deliver a reading. The blood alcohol level is determined using a chemical fuel-cell sensor. The reading is displayed almost instantly, and the device will also tell you how much time it will take for your body to process the alcohol.

The device will also provide a service that will also book a cab for you if you blow over the legal limit for alcohol content. It features a button that immediately launches the ridesharing app Uber on the smart phone, allowing you to get a ride home safely without the risk of a DUI arrest.

Many such technologies, including breathalyzer apps, devices, and a number of other technologies have been recently introduced in order to make getting home easier after having had had a couple of drinks. Many of these devices function as personal breathalyzer devices, and are small, portable and discreet enough to fit into your handbag or pocket. Denver DUI defense attorneys find that their accuracy is up for debate, however.

How accurate they are is up for debate, however. The reliability of the devices varies from product to product, but some of them do deliver fairly accurate results.

If you are arrested for driving under the influence of alcohol, get in touch with a Denver DUI defense attorney at the earliest. It’s important to protect your rights, and a lawyer will be help mount a solid legal defense for you.

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Will Self-Driving Cars Reduce the Risk of DUI?

Posted on: January 23, 2015 by in DUI
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Denver DUI lawyersIt’s an interesting question posed by Google’s development of a self-driving car. These cars promise to help reduce the risk of many of the driving errors that cause car accidents. One of those errors is DUI.

Some states have approved the use of these cars on their roads,. The self-driving cars are designed to drive automatically, using highly sophisticated systems, like cameras, sensors, radar systems as well as vehicle-to-vehicle technology and GPS navigation. Driving under the influence of alcohol is one of the leading causes of traffic accidents in the United States, and many experts have attempted to understand whether widespread use of self-driving car, will help reduce the risk of DUI.

Experts speculate that these cars will only be effective in helping reduce the risk of drunk driving, if they are equipped with an ignition interlock device. This is a device that determines the amount of alcohol in a person’s system, and is designed to shut the engine down, preventing the person from driving, if he registers an alcohol level that is above a certain limit. Installation of Ignition interlock devices is already used as one of the penalties for DUI, including in Colorado.

There are other risks associated with driving a self-driving car under the influence of alcohol. If a person is driving under the influence of alcohol, his driving abilities are impaired even if he’s at the helm of a self-driving car. In the case of a vehicle malfunction or an emergency where the person needs to shift from the self-driving feature to manual driving, a drunk driver is likely to face serious problems. This could significantly increase the risk of an injurious or fatal accident.

In other words, even if self-driving cars become all the rage, it’s very likely that DUI will continue to remain a major safety problem, and that law-enforcement authorities will continue to arrest persons for DUI.

If you are arrested for DUI, your rights could be at risk of compromise. Speak immediately with a Denver DUI lawyer about how you can protect your rights.

New Law Radically Changes Sentencing Landscape

Posted on: January 21, 2015 by in Criminal Defense
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Denver criminal defense attorneyAcross the country, calls for a reduction in penalties especially for nonviolent drug offenses are getting louder. In Colorado too, Denver criminal defense attorneys and advocacy groups have been calling for a reduction in sentences for minor crimes. In California, voters approved of Proposition 47 that effectively reduces penalties for crimes like drug possession and other nonviolent crimes. Those penalties have been reduced, because of the law that makes these crimes misdemeanors instead of felonies.

Lawyers in that state are trying to understand how Proposition 47 will affect the sentencing guidelines that should be applied to persons, who had been arrested several months ago for drug-related crimes, but have not yet been sentenced. However, the greatest impact is bound to be on drug possession cases, and many of these cases are now being reduced from felonies to misdemeanors. California is now the first state to actually classify many felonies as misdemeanors. As a result of this, many felons who are currently in prisons and jails across the state after being convicted of felonies are eligible for immediate release.

As a result of the new guidelines, it is possible that as many as 40,000 offenders in that state every year will now be convicted of misdemeanors instead of felonies. Currently, there are at least 4,700 felons in jail custody, who are eligible for reduced sentencing as a result of the new rules. Further, there are at least 4,000 offenders who have been arrested, but not sentenced who may now get more lenient sentences because of the new law.

Under Proposition 47, many felonies like writing bad checks, threats, and forgery can be downgraded to misdemeanors if the value of the stolen property is less than $950. However, prosecutors are currently looking at other ways that their offices can deal with the avalanche of cases that will now be downgraded to misdemeanors from felonies. Prosecutors are especially concerned about weapons crimes that may be treated as misdemeanors. They are looking at ways that such crimes can be charged under alternative charges.

If you have been arrested or charged with a crime, prompt legal action is crucial. Consult with a Denver criminal defense attorney immediately.

Colorado Ranks Poorly in Protecting Juvenile Criminal Records

Posted on: January 19, 2015 by in Criminal Defense
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Denver criminal defense lawyerColorado ranks close to the bottom of the list when it comes to protecting juvenile records, and maintain records as confidential. According to a new listing of all 50 states based on ability to protect juvenile record confidentiality and expungement scores, Colorado ranked very poorly with a score of between 20 and 39%.

In Colorado, according to the report, juvenile offender records are simply not kept as confidential as they should. Besides, these records are not very easily expunged or sealed in this state.

The report card was issued by the Juvenile Law Center, and it is the first such report of its kind. According to the report, many states are failing to do their duty to protect the records of juvenile offenders. Far too many states like Colorado do little to help the process of sealing or expunging records of juvenile offenders. In Colorado, the system seems to fail to protect records, or help expunge records.

New Mexico had the top ranking, while Idaho was ranked at the bottom of the heap in protecting juvenile records. Denver criminal defense lawyers find that the consequences of failing to keep juvenile offender records confidential and making it difficult for juveniles to successfully expunge their records, are very serious. Offenders frequently face the consequences of their state’s failure in help in helping protect their record and keep it confidential. For example, juvenile offender s may be denied admission to the college of their choice, and may not be able find the employment opportunities that they would have been eligible for if the record had been confidential. Many juveniles cannot get into military service, because of the blot on their record.

Far too much information about juvenile offender records is being shared, and this has consequences for the juvenile’s ability to integrate into society after he serves the penalties for his offense. In Colorado, this information in easily accessible to institutions, people, and even companies, that purchase information for job screening purposes. If your loved one has been charged with an offense, get in touch with a Denver criminal defense lawyer immediately.

New Federal Sentencing Guidelines Now in Effect

Posted on: January 16, 2015 by in Drug Crimes
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Denver drug crime defense lawyerNew federal sentencing guidelines that will apply to drug offenses recently went into effect. The guidelines are part of the All Drugs But 2 law that went into effect on November 1.

As part of the guidelines, many sentences are now reduced, representing a step towards the goal that the US Sentencing Commission has of reducing overall federal prison costs and reducing the problem of prison overcrowding without compromising public safety. In July last year, the Sentencing Commission voted to make the law retroactive, which means that it now also applies to all prisoners who were sentenced, under the old guidelines. As a result of that retroactive applicability, many persons who were sentenced under the older federal sentencing guidelines will now be eligible for a reduction in their sentence.

However, the rule does not include those people who are currently serving mandated minimums, as well as those people who have been sentenced under the Career Offender guideline. Persons who have prior drug convictions and have been sentenced to a mandated minimum of 20 years, or a life sentence will not be eligible for the new reduced sentences.

Also, persons who were sentenced after being convicted of possession of very large quantities of drugs will also not be eligible for a sentence reduction. Persons who were sentenced for non-drug offenses, or those were convicted of state crimes in state courts are not eligible for the sentencing reduction. Only federal drug offenders are eligible for the lower sentencing guidelines.

Drug offenses are some of the most serious offenses, and you can be charged with either misdemeanor or felony cases. Mere possession of drugs can lead to strict sentences, and if you have been charged with any kind of drug crimes, it is important to get proper legal guidance immediately, beginning right at the time of the arrest. Speak to a Denver drug crime defense lawyer to protect your legal rights. If you believe that you are being investigated for drug crimes, or have been arrested for a crime, call a Denver drug crime defense lawyer immediately.

Allegations against Bill Cosby Focus on Dismissed Sex Crimes Case in 2005

Posted on: January 14, 2015 by in Sex Crimes
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Denver sex crimes defense attorneyBack in 2005, a former Pennsylvania district attorney dropped a sexual assault case against entertainer Bill Cosby. His actions are now under the spotlight, after a number of recent allegations of sexual assaults involving the entertainer, reemerged.

According to the former Pennsylvania attorney, at the time, he did not believe that there was admissible or sufficient evidence upon which a case against Cosby could be built beyond reasonable doubt. In other words, he did not believe that there was enough evidence against Cosby for him to be prosecuted. That case involved a Temple University employee who claimed, that Cosby drugged her, and then proceeded to sexually assault her at his home in 2004.

Those, and related allegations have surfaced in recently weeks, with actress Janice Dickinson also coming out and claiming that Cosby assaulted her. In fact, as Denver sex crimes defense attorneys find very often in such cases, many decades-old claims of abuse targeting Cosby are now emerging from the woodwork.

Cosby has not addressed any of the allegations, and his lawyers assert that these allegations are untrue. In any case, even of those allegations were true, the statutory limitations on those cases has run out, and therefore, no sex crime charges can be filed against him.

However, the damage to Cosby’s reputation is likely to be substantial. This is a beloved entertainer, and all these claims of sexual abuse are bound to tarnish a career that he has worked very hard to build. Allegations of sexual abuse can be devastating, and when it comes to sex crimes, people are willing to believe that a person is guilty even before the case has been tried in court. Few charges can affect a person’s personal, professional and social lives as seriously as sex crimes can.

If you are accused of a sex crime or believe that you’re being investigated for a sex crime, speak immediately with a Denver sex crimes defense attorney.

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Court Throws out DUI Appeal Based on Technicality

Posted on: January 12, 2015 by in DUI
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Denver DUI defense attorneyA court in New Jersey, recently threw out a DUI appeal based on a technical argument.

The appeal had been filed by a man who was convicted of drunk driving in 2011. He argued that was his arrest and conviction were not valid, because the police officers who arrested him did not give him a warning, that explained to him the consequences of refusing the test. The man took and failed a breathalyzer test at the site of the arrest.

The man appealed his conviction, arguing based on an opinion from an appellate court in 2010, in which a DUI decision was reversed, based on the same technicality. However, the judges dismissed his appeal, saying that the failure to give the warning had no impact on his arrest, since the person had consented to the test. The court ruled that the statement was necessary, only in those cases in which a person refused to provide a sample. However, in cases in which the person willingly gave his consent for a test, this statement was inessential.

Interestingly enough, this defense has been earlier used in other DUI cases in New Jersey. Many DUI defense attorneys in the state have successfully used this argument over the past few years.

Driving under the influence of alcohol is a serious offense in Colorado, and comes with stringent penalties attached. Over the years, DUI laws have become even stricter. If you are accused of serious crimes, you must immediately get in touch with a Denver DUI defense attorney. In Colorado, you may be charged either with Driving under the Influence or DUI or Diving While Ability Impaired or DWAI. A DUI charge is filed if you register at .08% or higher on the alcohol test, while a DWAI charge is filed if you register at .05% or higher, but less than .08%. Both of these charges are serious, and have tough penalties attached.

Discuss your case with a Denver DUI defense attorney immediately, so that he can work to get your case dismissed, or work on the most favorable plea-bargain agreement for you.

ACLU Targets Disenfranchisement for Felony Offenses

Posted on: January 9, 2015 by in Criminal Defense
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Denver criminal defense attorneyFor many Americans who are convicted of certain drug offenses, the jail sentence that follows not only destroys the family and reduces the person’s ability to resume a normal life, but also actually weakens American democracy. In some states, Americans who convicted of certain offenses, including drug crimes, are not only punished with severe prison sentences, but also lose their right to vote through a process of disenfranchisement.

According to the American Civil Liberties Union, as many as 5.85 million Americans are currently not allowed to vote, because they have a criminal conviction, usually for drug crime. Most of the disenfranchised Americans in this country currently live in three states-Iowa, Florida and Kentucky. In these states, the law allows the courts to disenfranchise any person, who has had a felony conviction for life.

Denver criminal defense attorneys find that such laws significantly affect minorities. For instance, in both Kentucky and Florida, one in five of African-Americans cannot vote because of a prior felony conviction. In Iowa, as many as one in four African-American men of voting age, were disenfranchised by 2005.

Recently, the American Civil Liberties Union and the American Civil Liberties Union of Iowa filed a lawsuit that challenged the state’s extreme policy of banning citizens, convicted of certain crimes from voting. The American Civil Liberties Union is basing its lawsuit on one person, who in 2008 pleaded guilty to a drug crime. She was sentenced to probation, and served out her term. Her defense attorney told her at the time that when she had completed out her sentence, she would be able to vote. However, in 2011, the rules changed, and all citizens in Iowa with a felony conviction on their record, automatically lost their voting rights permanently.

The American Civil Liberties Union is acting on behalf of the woman and others like her, who have been permanently disenfranchised because of a felony on their record.

Drug crimes involve stringent penalties that include jail time. If you have been arrested for a drug crime, you need an attorney to start working on your legal defense immediately. Speak to a Denver criminal defense attorney at our firm.