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April 2017 Archives

National safety report focuses on DUID stats, recommendations

We noted in a recent blog post the growing frequency with which news reports and stories across the country are focusing upon DUID-related matters. Our April 26 entry stressed that such a development "is only natural, given the steady progression of states that are liberalizing their laws regarding the use of recreational and medicinal marijuana."

Increasing focus, regulatory response to DUID across the country

DUI-related stories and reports -- emanating from both Colorado and elsewhere across the country -- are increasingly citing data and other information germane to so-called "DUID" (driving under the influence of drugs) offenses.

Wrongful convictions scandal: Could such a thing happen in Colorado?

If you read our blog posts chronicling criminal law stories and developments relevant to Colorado, you likely harbor no illusions concerning the uniform stance of state officials toward alleged drug-crime activities and their zero-sum insistence upon aggressively prosecuting and seeking harsh sentencing outcomes for offenders.

Marijuana DUI on the decline in Colorado

The first quarter statistics of 2017 has shown a drop of 33 percent in marijuana-related DUI traffic stops, which has been steadily declining each year. Even with the decline, officials are still skeptical about whether this decrease can be attributed to fewer drivers being under the influence or is simply linked to fewer drivers being stopped. While troopers have been arresting for marijuana DUIs for a long time, the testing relies on trooper assessment during the actual stop. Unless drivers are violating traffic laws or showing signs of impaired driving, they are not likely to be pulled over and assessed.

The three implied consent cases brought before the Colorado Supreme Court

The word is out that the Colorado Supreme Court recently heard arguments for appealing the state's DUI implied consent laws, based on a trio of appeals of lower court rulings. According to an article published in the Denver Post, the Colorado Supreme Court Justices ruled against the appellants' arguments in each case, thereby effectively upholding the laws as they are now written. 

Express consent: succinctly stated, yet not always crystal clear

The Colorado Supreme Court recently issued appellate rulings in three different DUI-related cases involving blood and breath testing, with a specific focus being upon the state's express consent law.

Are seat belts really as safe as we are told?

For decades, auto manufacturers have been under federal mandate to equip all cars made for American roads with seat restraints and, more recently, with front passenger airbags. The research regarding seat belts saving lives is irrefutable and most people today buckle up.

Government power in drug-crime cases also notably includes this

We note on a relevant page of our website that Colorado's drug laws are in flux and constantly evolving. Given that reality, we duly point out that any state resident facing a criminal charge related to a crime like drug sale and distribution or drug trafficking might want to "seriously consider hiring a qualified drug defense lawyer to … navigate these extremely complex laws."

Breath testing machines are not infallible. They need calibrating

A police officer stopped you. After talking to you, the officer suspects you of impairment. The officer requests a breath test, and you comply. The machine determines that your blood alcohol concentration level equals or exceeds .08 percent (Colorado's legal limit), and the officer places you under arrest for drunk driving. That's the end of it. Right?

Blood or breath: What's the best sobriety test option?

You were pulled over by police in Colorado, and they suspect you've been drinking and driving. Then, the moment of truth comes. They gave you the option of taking a Breathalyzer test or submitting to a blood test. Both sobriety test options have their own unique advantages and disadvantages when you are facing the threat of a criminal charge of driving under the influence.

Enough is enough: Facebook fires back at online surveillance

Colorado residents and Americans across the country are increasingly learning -- as proven criminal defense attorneys already know intimately well -- that online surveillance of an Internet user's behavior (such as specific site visits, downloads, uploaded photos, files and images, and so forth) plays a central -- and incessantly growing -- role in criminal probes and prosecutions.