Boulder Legal Issues Blog
Supreme Court rules ‘excessive fines’ clause applies to states
In a unanimous ruling, the U.S. Supreme Court has said that the Eighth Amendment’s prohibition on “excessive fines” applies to states and local governments as well as to the federal government. The high court had never actually ruled that the clause applied to states and local governments, although many people assumed that it did....
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Dividing debt in divorce so you can build your own credit history
In a divorce, marital assets are divided. The same goes for marital debts. The division of debts is the beginning of building a strong credit history for yourself as an individual. So much of your life is affected by your credit rating. Auto loans, mortgages, insurance rates and even getting an apartment can depend...
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Wife as ‘breadwinner’ increases odds of divorce
Gone are the days where the wife automatically stays home to raise the children, while the husband goes off to work each day. It may have been this way for many of our grandparents, or even parents, but nowadays it is the norm for both the husband and wife to work. Not only this,...
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6 things to know to drive more safely in snowy conditions
“We see a lot of people from all over the country who have grown up in the Snow Belt and have years and years of driving experience and in reality have just been lucky because their technique leaves a lot to be desired,” says the director of a driving school in Steamboat Springs. If...
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Study shows link between recreational marijuana and car accidents
Colorado drivers may now have more reasons to be concerned while on the roads. A recent study shows that the legalization of recreational marijuana may be contributing to a rise in car crashes in the state. The Insurance Institute for Highway Safety and the Highway Loss Data Institute both conducted studies in states that...
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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...
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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...
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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...
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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...
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Can you be arrested for an alcohol related driving offense in your own driveway?
Yes, it’s possible. Under Colorado law, DUI can be established by showing that an intoxicated person was in actual physical control of a motor vehicle, even if the car wasn’t in drive or moving. Whether you could be convicted depends on the particular circumstances of your case. Consider the situation in one of Colorado’s...
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