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Denver DUI/DWAI Law Blog

3 reasons to fight a traffic ticket

Overall, you’re a good driver. You obey Denver traffic laws and try to follow the speed limits when commuting to work and going about your daily activities. You’re not like the scofflaws out there who routinely zip in and out of traffic, run red lights or blow through stop signs, text their friends while driving and put everyone else’s life at risk.

So, if you do happen to get pulled over for speeding or some other traffic offense, you may be irritated, but what options do you have? Everyone gets stopped now and then, right? It’s a lot less hassle to pay the fine and move on.

CO's tough vehicular homicide law applied in driver's case

Colorado vehicular homicide DUI likely sounds to readers like a particularly severe criminal offense.

That is indeed the case. An online overview of the topic stresses that, "Vehicular homicide is a serious criminal charge that can result in a long prison sentence."

Judge slams prosecution for withholding evidence from defense

It's been a bedrock legal principle and undisturbed judicial ruling issued at the highest level for well more than half a century, and yet news stories emerge with some regularity evidencing prosecutorial misconduct aimed at avoiding its application.

"It" is the so-called Brady Rule, forth by the U.S. Supreme Court in a seminal 1963 criminal law case.

Colorado’s long-arm statute cited in domestic violence case

Colorado orders of protection issued in domestic violence cases are far from trivial things that can be considered casually by individuals subjected to their terms and conditions. We note on our Denver criminal defense website at Shazam Kianpour & Associates that if you are served such an order, “you must follow it to the letter or you will be arrested and criminally charged for the violation.”

Colorado courts pay exacting attention to claims of domestic violence, with their evaluation of evidence and ultimate rulings being highly case-specific and tailored to singular fact patterns that vary significantly from matter to matter.

Memorial Day means DUI checkpoints

Memorial Day often marks the unofficial start of summer. The long weekend also marks of one of Colorado’s biggest DUI enforcement initiatives, The Heat Is On.

According to the Colorado Department of Transportation (CDOT), more than 100 agencies across the state participated in The Heat is On this year, which ran from Friday (May 25) to today (May 29). The program provides additional state funding to local law enforcement and Colorado state patrol officers for police overtime and DUI checkpoints during the three-day holiday weekend.

Breathalyzer tests: What happens if I refuse?

Last week, we told you about the differences between a roadside preliminary breath test (PBT) and an official Breathalyzer/Intoxilyzer test, which typically takes place at the police station following an arrest for drunk driving.

Even though we mentioned in this previous blog post that you can face a penalty for refusing a Breathalyzer test (while there is no penalty for refusing a PBT), we didn’t list the specific penalties for such a refusal. If you would like to learn what these penalties may be, please read on.

Report estimates wrongful conviction percentage among inmates

"I didn't do it."

Those words and similarly voiced declarations of innocence are commonly delivered by individuals arrested on criminal charges or incarcerated following a conviction.

Colorado breath tests: An introduction

One of the most common questions we are asked is whether drivers can get in trouble if they refuse to take a breath test after being pulled over by police. Well, the answer to this question depends on a lot of things, including, but not limited to:

  • WHEN does the officer ask? Were you just pulled over, or have you already been detained/arrested because the officer has probable cause to believe you are intoxicated?
  • WHERE does the officer ask? Are you still sitting on the side of the road, or are you at the police station?
  • WHAT type of test is the officer seeking to administer? Are the police using a hand-held preliminary breath test (PBT), or are they trying to get you to take an official Breathalyzer/Intoxilyzer test?

Depending on the answers to these questions, you may (or may not) face penalties for refusing to take a breath test.

Stories like this are what throws BAC accuracy into question

Here we go again.

A story concerning an important component in the realm of select police/motorist interactions is garnering increasing interest across the country.

Understanding Colorado’s ‘Driving Under Restraint’ laws

If your license has been denied, suspended or revoked for any reason in any state, you can face serious criminal consequences if you choose to get behind the wheel in Colorado.

Known as “driving under restraint” (DUR) in the Centennial State, the penalties associated with driving with a revoked or suspended license can be quite severe, including possible jail time and large fines. In addition, these penalties increase significantly if your driving privileges were initially taken away due to a drunk driving conviction.