Boulder Legal Issues Blog
Analysis: Red Light Cameras Causing Accidents, Not Preventing Them
We have all seen them: the cameras that sit on top or near the traffic lights. To date, there are at least six in the City of Boulder. For example, there’s one at the intersections of 28th Street and Arapahoe Avenue, yet another one at 47th Street and Valmont Road. But just why are...
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Understanding mandatory protection orders in Colorado
People need to be safe and feel safe. If there is a real threat of violence – or an act of violence has already occurred – it is important to make sure this does not happen again. To try to ensure this, Colorado has very strict laws regarding domestic violence and protection orders. This...
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Supreme Court: Cops need warrants to search vehicles in driveways
The Fourth Amendment guarantees freedom from “unreasonable” searches and seizures by government agents like police officers. That has generally meant that the police are required to obtain warrants before they arrest someone or search their property — unless the police can point to a recognized exception to the warrant requirement. These exceptions include emergencies,...
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Driving while high: ‘If you feel different, you drive different’
Since marijuana was legalized in Colorado, we’ve learned a lot about driving while high. A surprising number of people seem to be unaware that driving under the influence of marijuana can get you charged with DUI. Some people don’t even think that driving while high is dangerous. It is dangerous, and it is illegal....
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How do police determine if someone is high while driving?
Picture this: You’re driving home from a friend’s house. You are just blocks away from home when you see the flashing red lights in your rearview. You aren’t speeding. You’ve been using your turn signals. Even your tags are up-to-date. So just what is going on? The officer claims you swerved. Now he has...
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Lawsuits: Defective highway guardrails caused horrific injuries
Two recent personal injury lawsuits accuse a national manufacturer of interstate guardrails of negligence. Two accidents occurred in which the guardrails failed to “telescope” into one another as designed. Instead, the pieces separated and speared into the crashed vehicles, killing one woman and causing another to suffer a leg amputation. The Lindsay X-LITE guardrail...
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Unsafe road conditions? Take precautions
While it’s true people in Colorado understand snow driving better than anyone in the rest of the country, that doesn’t mean it would hurt to brush up on exactly what you should do when the snow gets bad. And even though it’s now spring time, it certainly doesn’t hurt to keep the following pieces...
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Does the Eighth Amendment prohibit excessive asset seizures?
The U.S. Supreme Court has agreed to hear a case in which a defendant’s SUV was seized by the state after he was convicted of a drug crime. Many states and the federal government engage in asset seizures after drug and other arrests, often before a conviction has been obtained. All the government has...
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Divorcing when you have a child with special needs
When it comes to divorce, there is one major consideration that is different for parents of special needs children. Your child may not transition to normal adulthood at age 18. You may be co-parenting with your divorcing spouse for a long time to come. Moreover, certain financial choices you make during your divorce could...
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What exactly counts as an excessive fine under the constitution?
“I want my truck back. I’ve always wanted it back.” When an Indiana man was caught selling a small amount of heroin, he accepted that he would be charged with a crime. He accepted it when he was convicted and sentenced to a period of house arrest and then probation. What he could not...
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