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Category: Traffic Violations


A Guide to “Points” on Your License
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License “points” are points that accumulate on your driving record following each traffic offense. Different offenses have different point rankings, with more serious infringements earning more points. Unlike citations, which are physically presented to you, and which you know you must address within a certain amount of time, points have no tangible counterpart that go along with them, and therefore they can be difficult to keep track of.
 … Continue reading this article

Asleep at the Wheel – What is Actual Physical Control in a DUI?
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I was asleep in my car, but I got charged with DUI – shouldn’t my case be dropped?
 
Not everyone who gets charged with a DUI was caught driving, and pulled over by a police officer. Many folks charged with DUI were never pulled over; they were contacted by a law enforcement officer because they were asleep in their vehicle. This can be confusing to some because the “driving”… Continue reading this article

Intervening Causation Defense in Vehicular Assault and Homicide Cases
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A DUI case can easily become something much more serious if there is a serious injury or even a death involved. In those cases, a DUI charge is elevated to a charge of Vehicular Assault or Vehicular Homicide.
 
Any time a DUI or DUID is elevated to a charge of Vehicular Assault or Vehicular Homicide, the legal standard that applies is one of strict liability. What that means is… Continue reading this article

Disclosing a Prior DUI in a Pending DUI Case
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I have a prior DUI in another state. Do I need to disclose this to the court or to the prosecutor?
The answer, as with many legal questions, is that “it depends”.
Having a prior DUI can greatly impact the outcome of your pending driving under the influence case. A case in which you may not see a day in jail can easily become one in which a jail sentence… Continue reading this article

CDL and DUI
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Even a relatively minor DUI case can have serious and far-reaching consequences for any driver holding a CDL (Commercial Driver’s License).  If you lose your DMV hearing, you face the loss of your CDL for one year.  Even if you win the DMV hearing, you face the loss of your CDL should you be convicted of drunk driving in court.  For purposes of suspending your commercial driving privileges, it does… Continue reading this article

Denver Police Stepping Up Enforcement for Super Bowl
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Given that the Broncos will be competing in the Super Bowl, the Denver Police Department is prepared for the worst case scenario – and that scenario is likely to materialize whether the team wins, as most who live in Colorado hope (and expect) they will, or loses.
 
The downtown area of Denver will be particularly scrutinized both during and following the game; expect a visible presence of law enforcement… Continue reading this article

Colorado Supreme Court Addresses Admissibility of Lab Reports in DUI Cases
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In Marshall v. People, the Colorado Supreme Court addressed the admissibility of lab reports in DUI and DUID cases.
In that case, the prosecution had sought to admit the lab test results performed by a technician who was not actually present at trial.  They sought to admit those reports through the technician’s supervisor, Cynthia Burbach.  The reports were in fact admitted over the objection of the defendant and his attorney. … Continue reading this article

Effects of Traffic Violations Can Be Minimized
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If you’re like most residents of Denver, the site of red and blue flashing lights in your rearview mirror induces feelings of dread, followed by the realization the whatever the offense you’ve committed, it is probably going to result in costly fines and penalties. However, not all citations for traffic violations have to end up costing you an arm and a leg. With the help of a good Denver traffic… Continue reading this article