2018
10th Circuit Oks filing DUI charges before BAC tests are even in
The Tenth Circuit Court of Appeals, which covers Colorado and several other western states, has ruled against a woman who was sober when she was arrested for DUI in Utah. She contended that, without a breathalyzer or blood-alcohol test showing she was under the influence, the state had insufficient evidence to charge her with...
Continue Reading
Records sealing: what you should know about this alternative to a permanent record
The National Employment Law Project estimates that more than 65 million Americans hold a criminal record of some sort, including convictions for misdemeanors and felonies. Most people know that a conviction, no matter what it is for or when the offense occurred, can follow you around for the rest of your life. However, did...
Continue Reading
SCOTUS likely to rule that costly seizures are ‘excessive fines’
When Tyson Timbs of Indiana was convicted of selling a small amount of heroin in order to support his opioid addiction, he was sentenced to a year of home detention and five years of probation. The court could also have fined him up to $10,000, but chose not to. But Indiana law allows private...
Continue Reading
When is a DUI a felony in Colorado?
If you are facing a DUI investigation or charge, you may feel that you already know the basics of what’s at stake: in Colorado, DUIs are often misdemeanors, meaning a conviction may mean you must pay a fine, lose your license for a time, and complete court-ordered probation. However, if a DUI is prosecuted...
Continue Reading