At The Law Office Of Phil Clark, we understand that mistakes can be made. Which is why if you have been convicted of a DUI in Boulder Colorado, or are concerned with Drug Offenses, in need of Felony Defense or Misdemeanor Defense, be sure to contact us immediately. We will get right to work to ensure you have the best Criminal Defense possible.

Useful Tips For Being Pulled Over While Drunk

This memorial day weekend, be sure you stay out of trouble. There is nothing worse than ruining a good weekend by having a run in with the law, and that means drinking responsibly. However, at times people make poor decisions, ones which result in them being arrested for DUIs. If you find yourself in this position, be sure to follow these useful tips, they may not get you out of a DUI, but they certainly won’t hurt.

What follows here is a list of things you should be sure to do as your being pulled over, and know you’ve been drinking too much. For starters, the best thing to do is simply not drink and drive. Call a family member or friend to come get you, or even a cab if need be. The headache you’ll receive for getting a DUI is well worth trying to avoid by spending $20 on a taxi, or calling in favors. So without further ado, let’s get into what should be done when you’re pulled over.

Stay In Your Vehicle

This one should go without saying, but police automatically become suspicious anytime someone leaves their vehicle after they’ve been pulled over. Under normal circumstances, a person really never has a good reason to exit their vehicle, which means that if you do exit your car, the police believe there to be a good reason for it. Whether you are hiding something, don’t want something to be smelled or seen, or even to get ready to run on foot. Either way, if you get pulled over, be sure to remain in your vehicle at all times.

Be Respectful To The Police Officer

This one can certainly be easier said than done sometimes, but you have to keep in mind that the officer is doing their job to ensure our protection. That certainly means keeping an eye out for inebriated drivers. So rather than having an attitude with them, be polite, kind, and courteous. In the least, the officer will notice the respect given and be respectful in return. In essence, it’s easier to catch a fly with honey than vinegar.

Don’t Act Suspicious

Unless you were obviously swerving or driving like a fool, a police officer has no real reason to assume you are drunk when they pull you over. That conclusion comes ones they begin interacting with you. So once they ask you for your registration and license, be sure not to fumble around gathering that. Also, stay calm, and don’t allow any nervousness in your voice to give you away. A police officer can only make conclusions based on their observations, don’t allow them to make conclusions based on how you stutter, slur your words, or fumble around trying to gather your information.

If Need Be, Invoke the Fifth Amendment

You always have the right to remain silent, and any questions asked you by a police officer do not have to be answered. So where you’ve been, where you’re going, what you’ve been doing, and so on all don’t need to be answered. However, if you remain silent, and don’t answer the questions posed, that raises a huge alarm for police officers, as obviously, there is something you are hiding. Because otherwise, when asked, who wouldn’t say they’ve been playing scrabble all night with Grandma if they have. Your right to remain silent is one of the last ditch efforts to be made to protect yourself when all hope is lost.

Refuse Field Sobriety Tests

It is not required that any field sobriety test be taken, and many people even when sober can easily fail these tests. These tests in the end are not intended to help you in any way, and as such, are not required to be taken. When asked to take the test, very politely explain why you don’t want to. That being the test can be failed even when sober, and do not take into account your vision, health, balance, strength, and numerous other problems that might interfere with the test being passed.

Breathalyzers

Breathalyzers are also not required to be taken, and no officer can force you to. However, if you decline to take the test, you can automatically have your license suspended for up to a year, though you will avoid being charged with a DUI. You will also be given heavy fines, and other punishments may follow. One thing that can be done to avoid the breathalyzer while not immediately giving up your driving rights, is to say you want to have a blood test, which is more accurate. The idea being, you have not declined to take a test, just not the field test. Depending on how much you have been drinking, it may take up to an hour or so for your blood to be drawn, and in that time, you may sober up quite a bit. So if you are certain to fail a breathalyzer, opt to take the blood test, and hopefully the extra time will help you.

Avoid Saying You’ve Been Drinking At All

Often times, people will try and tell an officer that they have only had a “few” drinks, but you can imagine how often they hear this. A “few” drinks differs from person to person, and as such when you say that, an officer automatically has to assume you’re drunk. So never admit to having anything to drink, because even a single drink, of the right strength, can put you over the limit. And remember, you’re not lying, you’re just not telling everything.

At The Law Office Of Phil Clark, we fully understand that the law can be a difficult and treacherous course to navigate. Which is why if you are in need of a Criminal Defense Lawyer, DUI Attorney, Felony Defense Attorney, Misdemeanor Defense lawyer, or even help Sealing a Criminal Record, you should be sure to contact us immediately. We will get started on your case immediately to ensure that the most can be done for you!

3D Printers Causing A Legal Uproar

3D Printers have been around for many years now, and many people can recall using earlier versions of what are available today in their high school woodworking class. Perhaps in school you would make little figurines, chess pieces, and generally just a bunch of worthless trinkets.

Nothing special right, however nowadays, these 3D printing machines can create almost anything the mind can imagine, and as we all know, the mind is very imaginative. For those that are unaware, a 3D printer can create three dimensional solid objects of virtually any shape that is first designed as a digital model. The shapes can be created out of almost any material depending on the strength of the drills in the machine as well as the drill bits.

As such, a wide range of objects can be created. To give an idea, 3D printers can create replacements for body parts. For instance, if facial reconstruction is needed, you can print cheek bones, jaws, even portions of the skull if required. The machines themselves and the material it can use to shape and form specific dimensions has improved dramatically over the years. This all seems worthwhile and needed, and any person could come up with a hundred good uses for these machines. But the one that has the U.S government in an uproar, is the creation of 3D printed firearms.

3D Printed Guns

3D Printed guns and firearms are exactly what you would assume them to be. They are weapons which are created from a 3D printer. With the advancements in materials and the printers ability to form specific shapes out of said materials, the creation of guns is now relatively easy. The biggest problem faced was finding a material that was strong enough to withstand the force of a bullet being shot, and the ability for a printer to shape that material.

Though, they now have functioning guns, which can fire, and were made from 3D printers. Really, it’s quite an advancement, and when considering less nefarious objects that can be created, the use of 3D printers in the future leaves a lot of possibilities floating around. That is of course assuming the government does not interfere with the progression of this technology, which because a gun was created, it is striving to do.

Governmental Worries

To begin, the U.S State Department removed and took down all files on the internet needed to create 3D printed guns. The reason for this was that the ability to create a 3D printed guns apparently violates the International Traffic in Arms Regulations. As such, no files that direct a person on how to create a 3D printed gun can be found online until the government figures out the laws to be implemented here.

With that in mind, these new regulations being proposed are going to be setting the precedent for 3D printer laws, and not just for firearms, but for every possible application they can be used for. This is important to consider, because the first regulations being conjured are with guns in mind, and as we well know, guns are an extremely hot topic in America nowadays. The major concern is that since we are so focused on guns at the moment, judges minds may be clouded and perhaps afraid to make a different decision based on our political climate. Essentially, if the very first laws being created and potentially passed for regulating 3D printers, these laws are first being influenced by the controversial topic of guns, and these laws may be skewed and hinder other applications in the future.

Arguments Against 3D Printer Regulations

There are many arguments that have been coming up which oppose the regulations being proposed. For starters, the files which offer the code to create 3D printed guns are online, and the wording found in the International Traffic in Arms Regulations states that regulations do not cover any material found in libraries. The internet, of course, has grown into the largest international public library in history. So it’s said the regulations should not be concerned with what is being found online.

Another argument is that these regulations will in essence stifle free speech. Our first amendment rights need to certainly be considered when moving forward in creating laws. The idea is that countless physical books can be found, and are legal, which cover the design and assembly of guns. How then can the same thing be deemed illegal when found online, and especially for use by devices which most people don’t even have access to. The precedent has already seemingly been set, and the only difference is material found online compared to offline.

Finally, you have the idea that International Law, at least on this subject, differs from what U.S laws state. And when it comes down to it, which laws should we be beholden to? Those set by an international committee, or those created by our own citizens for our own country? It’s certainly an odd idea, and one worth considering. But time will tell how these regulations will turn out, all we can hope is that the judges who are deciding what to do keep in mind that guns are certainly not the only thing 3D printers can create, and rather, there are countless positive uses which should not be restricted based on the idea that they can create weapons.

At The Law Office Of Phil Clark, we understand that the law can be a tricky course to navigate. If you’re looking for an experienced and knowledgeable Boulder Lawyer to assist you with your case, whether that be for a Drug Charge, Sexual Assault, DUI, or even Sealing a Criminal Record, The Law Office Of Phil Clark can help! Be sure to contact us if you need assistance.

Oh The Dumb Things Some Criminals Do…

Sometimes, we hear stories of brilliantly executed plans of theft, where robbers get away with millions without ever being caught or even a hint as to who had done it. Just imagine Oceans 11 but in real life, and in actuality, similar stories have happened before. But not all people are as clever or smart, and as a result, they do some of the stupidest things which ultimately results in them being caught, or in the least, found out. Here is a list of a few of the more common that we hear when dumb criminals simply do their thing.

• Leave Personal Items Behind: Whether it’s the criminal climbing in through the window and dropping their wallet, or leaving their own cell phone behind, often times criminals will leave items behind in the scene of the crime that directly lead investigators to their front door.

• Failing To Hide Their Identity: Have you ever wondered what those height measurements are next to the doors of a gas station? Well you shouldn’t have to think long to realize they are probably for measuring the height of people coming in and going out. Now that would only matter if it was being recorded as in the heat of the moment, no teller could be trusted to recall the actual height of a criminal who has just robbed them. Which means the store is most likely monitored with video cameras. In fact, everything in our world is nearly monitored with video cameras nowadays. Which means wherever you are trying to break the law, there is probably at least one camera watching you. They used to use masks to rob people back in the day when almost half of everyone was illiterate, with no cameras.  Perhaps our less than bright criminals nowadays could take a page out of their playbook.

• Leaving Fingerprints: If by now, after all of the police, detective, and crime scene investigator programs that have been put out have not notified people to the fact that a simple imprint from your hand can tell police exactly who had touched said thing…. than nothing will get through. Its amazing exactly how often people will commit crimes and touch everything in a less than halfhazard way. Rather, for a criminal, its in more of a wholehazard way.

• Leaving Various Sources Of DNA: This goes beyond the same lines of fingerprints. You’ll occasionally hear stories of people defecating, urinating, and all sorts of other unmentionables in the same area where they’ve just committed a crime. How can anyone assume that after doing something like that they’ll avoid being caught? It’s dumber than robbing a gas station without a mask. It’s… ridiculous.

• Faling To Formulate A Proper Plan: One story should suffice for this point. A while back, a woman was arrested for the stealing of a purse. No big deal right? But what had occurred, was another woman pulled up to a gas station, parked at a pump, payed for her gas, and walked inside the gas station to use the restroom. When she came back her wallet was missing from her car. She called police, and when they arrived she gave them the story. The only extra bit was she mentioned the make, model, and color of the vehicle that was parked next to her. As the cop was writing this down, he happens to look up and see the exact same vehicle across the street at a McDonald’s. He tells the victim to wait there, drives over, and finds out that the criminal simply could not wait to get her fast food fix. She had thrown the wallet out in a trash can, which the officer found. Point being… in the criminals mind, there a was a two step plan of action. 1. Steel Wallet. 2. Get Food. Where she got the food didn’t even matter. Never mind it was literally across the street from where she stole it.

• Revisit The Scene Of The Crime: This is an odd one, and a little difficult to explain. It seems to go against everything that would be considered logical to revisit the scene of a crime you committed. Unless your intention is to boast by knowing your crime was so unsolvable that there is no way they would know it was you. Except that for certain crimes, they probably survey everyone that stands around watching as police scramble. Between cruiser cameras, buildings, and some video on street corners, its very likely they will see you standing there. Then all you have to consider is the fact that there are numerous facial recognition programs out there. These things certainly don’t help in avoiding attention being drawn to yourself.

• Attempting To Do Things Beyond Their Capabilities: This can involve running, biking, driving, sneaking, attacking, hiding, and even thinking. In the non-criminal world, most people find jobs doing things they are somewhat proficient at already. But those same standards don’t apply in the criminal world, in the criminal world, the sky is the limit. However, even though the sky is the limit, that does not mean a person can even come remotely close to reaching the limit… or the start for tat matter. Watching a person run from the crime of a scene to only stumble, fall, and knock into things because they don’t usually run anyhow only adds to the humor. If you don’t normally run…ever, why would you include running into the overall plan of your criminal scheme? Seems less than intuitive.

At The Law Office Of Phil Clark, we understand the law can be difficult at times to navigate. If you have been arrested for Drug Charges, Domestic Abuse, or are in need of a Boulder DUI Attorney, be sure to contact us immediately! We have the experience and knowledge needed to help defend you!

Tactics Commonly Used By Domestic Violence Abusers

When it comes to domestic violence, no person should ever have to endure the pain, suffering, and trauma that is associated with it. The problem however, is that many times, the victims themselves may not even be aware that they are necessarily being “abused”. They can feel as though what is happening is deserved, which is usually caused by means of manipulation by the abuser. They can talk their way around it by saying “so-and-so is under a great deal of pressure.” In the end there are a wide range of excuses that can come into play.

Then there are those that know they’re being abused but are afraid to do anything about. Reasons for that range as well as when children are involved, that creates a particular issue of wanting to shield them from it. Hiding it form family and friends so as not to feel ashamed, and a wide array of other reasons. But for those that are unsure whether they are being abused, or suspect a family member or friend of being abused, here is a list of common tactics used by domestic violence abusers to be on the look out for.

If you are being abused yourself, or suspect anyone you know of being abused, do the right thing and contact authorities. Once the ball has been set in motion, you’ll then immediately want to find a proper lawyer to see what legal options are available. With that said, and without further ado, let’s get into the meat of it.

Dominance

Most domestic abusers want to feel as though they are in charge, and dictate exactly what occurs in a relationship. They will make plans without asking others opinions, decisions will be made and expected to be accomplished without question, and all of this will be done with an air of force and finality. An abuser will often treat their family as though they are their personal servants, where no other concerns matter save for their own, and the only thing expected is unquestionable loyalty and the doing of their bidding. If asked to do something, and that thing goes undone, even the smallest most trivial task can set an abuser off.

Denial

There is never, ever a good reason to physically, mentally, or emotionally abuse a supposed loved one. However, most abusers create countless excuses for their actions. Ranging from it not being their fault, to being deserved, to their being no other option than what occurred. The only certain thing is that they will not take responsibility for their actions, nothing is ever their fault, because they can easily put the blame elsewhere. Abusers will often downplay any abuses given, saying it’s not that bad, or they did not intend to do as much harm as they did. Either way, it should be remembered that a person is in full control of their actions, and as such, should not be able to blame anyone else for the things they do. Regardless of the reasoning behind it. We all have bad days sometimes, but most of us do not make the days worse for others as a result.

Humiliation

Again, abusers want to be in control, and the easiest way to accomplish keeping someone under them is to make the victim feel inadequate, incapable, and worthless. To make them feel as though they are dependent upon the abuser for various reasons. The idea is that if you feel you completely need another person, or that you are lucky to have them in your life, you are much less likely to end it and leave. A very common tactic by abusers is to crush and eradicate any and all self esteem of the victim, because any person with any self esteem would not allow for themselves to be treated in such a fashion.

Intimidation

Scare tactics are another common theme among abusers. In order to stay in control, they demonstrate various forms of aggressive behavior. They will outright threaten you, destroy things around you, harm themselves, pets and children. They can even wave weapons in your face to show their intention and seriousness. In the end, it is all for one purpose. That being to show the victim that if they don’t do what they want, something bad is going to happen. These violent temper tantrums should not be considered normal, nor should they need to be endured.

Isolation

Abusers know that what they are doing is wrong, and as such don’t want the victims to have the chance to tell anyone. So a common tactic employed is to isolate the victims so they don’t have a chance to speak to anyone. Abusers will often keep victims away from friends and family, take cell phones away, not give them any money, or a means for transportation. Essentially, they will do everything they can to make it so the victim is completely reliant upon the abuser for interactions, food, entertainment, and anything else they can manage. In the end, what the abuser wants is to be in complete control, so they will often require the victims to ask them before doing anything.

Threats

Finally, abusers will threaten physical harm to ensure their victims are too scared to do anything against their will. These threats many times actually lead to physical abuse, as they can’t just cry wolf all the time, and eventually have to do something to prove what they are saying, they are actually capable of. The threats can even at times be against themselves, where they will threaten to commit suicide. Either way, if various threats are being thrown around, or actually being done, you do not have to put up with it. Remember, you always have an option, even if it seems you don’t.

At The Law Office of Phil Clark, we know that the law at times can be a tricky course to navigate. Which is why if you have been charged with Sexual Assault, Drug Offenses, or any other felony or misdemeanor crimes, you should be sure to contact Phil Clark immediately so he can do what he can to help you. As a leading Boulder DUI Attorney, he has the experience and knowledge necessary to limit the damage and provide the proper defense needed.

How Drivers From Colorado Are Being Profiled For Marijuana

Recently, many Colorado drivers who have left the state have been complaining of something very peculiar. There have been instances where drivers are being pulled over and profiled for being from Colorado and it apparently has to do with the recent decriminalization of marijuana. This creates a few problems as you can imagine, as profiling of any sort or nature should be against the law. The problem is that even though the drug has been outlawed in Colorado, it is still quite illegal in most other states. This is even true for those that possess medical marijuana cards, where in Colorado it is legal to possess their “medicine”, while in other states it is still outlawed and those driving outside of Colorado forget this little fact.

But law officials on the other hand have not forgotten. In fact, they know well that those driving with Colorado plates are more likely to have marijuana on them merely because it is indeed legally accepted in their home state. But police are wise to this, and feel that they are doing their job justly by ensuring any driver from Colorado does not have any sort of illegal substance on them and is either passing through or staying with it. But doesn’t that constitute profiling or police just doing their job?

Marijuana Is Legal In Colorado, But Not Once You Cross State Lines

Marijuana advocates from across the board are admonishing police departments across the nation for this apparent profiling. But they tend to forget one little fact. Marijuana has been decriminalized in Colorado, but other states do not have to allow Coloradans the same rights once they enter other states. Rather, marijuana is still very much illegal in most other states and police are well within their rights to prosecute people they find to be possessing illegal substances.

Police Profiling May Be Wrong, But Their Concerns Are Perfectly Warranted

There is no doubt that being pulled over simply for being from a certain area is wrong. Profiling, no matter how it’s done, is both morally and ethically wrong. However the concerns of officials in other states is warranted. They worry that since marijuana is now accepted in Colorado, the production and subsequent transportation to other regions is now more likely. This has also been found to be true, where large amounts of marijuana from Colorado is being found all over the nation. Which if you were a criminal makes perfect sense. Why wouldn’t you produce where it is legal, and transport to areas where it is illegal to gain a higher profit?

But this is exactly the worry other states are having, which has also led to the profiling of Colorado drivers. However, the argument over this issue tends to focus on how “forward moving” Colorado is and how wrong it is to be punished for something that is legal in one place and not in others. What is often overlooked is that the residents of Colorado voted on this and it was passed, where in other states, the same was voted on and failed. Other states didn’t then say because we didn’t allow, neither should you. So how can residents of Colorado argue the opposite? They’ve respected the decision of this state, and we should do the same for theirs. There is no logical argument any other way. The people vote on what they want, and generally, they get that. In Colorado, we now have marijuana. In other states, they don’t want it, and as such, shouldn’t be expected to have it. Neither should we worry ourselves over their decisions, as they are not ours to worry over.

So What Should Colorado Drivers Expect When Leaving The State?

In short, Coloradans should expect to be pulled over because as things are turning out, police officials are right. If every driver they pulled over from Colorado failed to have marijuana on them, most likely they would stop pulling people over from the state. No doubt, profiling is wrong. But is it wrong when the profiling is right? Or at that point is it profiling at all, or just common sense?

In the end, whether you are a casual, recreational, habitual, or medical smoker, leave your drugs at home. They have no right in any other state save for those that allow for its use. There is no point arguing this either. It’s the peoples decision, and regardless of how you view it, that does not change the fact that marijuana is illegal in most other places. People are saying that Colorado is the New Amsterdam of the West. Maybe that’s true, but just as the same was for Amsterdam, you couldn’t travel outside that region with any drugs on you as it would be illegal once you left. So let’s all just calm down a little, understand that police will be targeting Colorado drivers, as often enough their right for doing so, and respect the decisions of others, so that our decision can be equally respected.

People often make poor decisions after they have been drinking, and if you or a loved one has been arrested for a DUI in the state of Colorado, it is absolutely critical that you hire a DUI Attorney to represent you. For an experienced and knowledgeable Boulder DUI Attorney, contact the Law Office of Phil Clark. He will get right to work helping to reduce the damages you may incur.

Useful Tips To Keep Your Drunk Friends Out Of Their Car And Off The Road

Most of us would agree that it is a poor friend who allows their friends to drive drunk. Which is why most people make attempts to stop their friends from doing so, or ensure they wait long enough until they sober up. However many times, this is easier said than done. Because people that have been drinking are, with no other better way to say it, difficult. For this reason, we have created a quick list of 10 ways to help keep your friends from driving drunk and off the road. Some of these you may have heard already, others may seem silly, but in the end, anything and everything that can be done to avoid a drunk person from driving should be. You’re are not only looking out for their safety, but the safety of all other motorists, and non motorists, on the road.

Have A Designated Driver
Perhaps the most sure fire way to keep people from driving drunk is to assign a person who, for the night, will stay sober and transport everyone around. It may not be fun for that person, but everyone in the party will know they have a ride and will not have to worry about transporting themselves. It is then also the job of those drinking to ensure their designated driver doesn’t drink, nor tempt them to.

Choose To Drive Their Vehicle Yourself
There may be times where you know someone is going to drive drunk, and though you didn’t intend on having to drive them around yourself, that’s much better than the alternative. Remaining sober and offering to drive their vehicle so that they can have fun will hopefully be recognized, and in the future the debt will be repaid. Something like this may even cause them to notice the nice gesture, and keep them from thinking of driving drunk in the future.

Hide Their Keys From Them
A persons key chain often has both their house and car keys. By hiding them, and letting them know their hidden, even if they have a spare to their car, they may not have one for their home. So even if they chose to drive drunk still, they may not have anywhere to go. Generally this will cause them to argue with you and demand them back, but just let it be known that it is not safe for them to drive, and you are doing the right thing. They make get angry, but it’s better than the alternative.

Remove A Tire From Their Vehicle
This may seem extreme, but it’s better to be safe than sorry. It also doesn’t take that long if you have the two necessary tools. The only big trick is to keep the nuts with you as they can still attach a spare tire if they really wanted to. In the end, they will probably be more surprised by the fact that you went to such an extreme to keep them from driving, and won’t become overly upset. After all, it did take some effort, and even a drunk person can realize that what you are doing is indeed with better judgement.

Use A Taxi Service
You can always offer to pay for a taxi to take them home or wherever they intend to go. The problem is, most the time they’ll simply refuse and say it’s not necessary. But making the offer will at least show your intentions, after which, you can then take more extreme measures if they are still persistent and set on driving.

Begin A Meaningful Conversation
As we have all experienced, when a person is drunk, they can dive deep into some heady conversations. You can instigate this yourself, and say you need to talk to them. It doesn’t have to be about them driving drunk, preferably, you would discuss something else. But essentially what you are doing is buying time, and we all know these conversations can go on until the wee hours of the morning. The longer you talk, without allowing them to drink or leave, the more sober they will become. Until eventually the booze wears off, sleepiness sets in, and they are either ready to just spend the night their, or are finally able to drive themselves home.

Dance
Doing physical activity does not help with hangovers when you drink, but it does help to sober you up and work it out of your system. Both due to the actual activity of dancing, but also due to the fact that you most likely are not drinking while you dance. Keep someone on the dance floor and away from the bar if they are trying to leave, if you make it such that they are having too much fun to leave, than driving drunk won’t be a concern.

Use Scare Tactics
Usually lying is a bad thing, but a little white lie in this case is ok. You can tell them of many fictitious DUI checkpoints that are out and about, as well as a swarm of cops because they’re looking for drunk drivers. If you strike enough fear into their hearts, they are sure to stay out of the drivers seat. In fact, any lie is better than letting a person drive drunk, so long as once they’ve sobered up you tell them. At least that way you were honest and a good friend.

Physically Restrain
There are videos of people going as far as to knock their friends out with a sucker punch to keep them driving drunk. Now, that is not necessary nor should it be attempted. But it just goes to show the lengths people will go to keep their friends safe, even if that means doing some harm. Now this isn’t to say you should punch your friend, but if you need to, you can wrestle around a little bit. Get your other friends involved as well. The idea of it will most likely be amusing in the least, and may show your friend that driving is perhaps a bad idea if they have a number of friends physically restraining them from entering their vehicle. Nothing more than a little tough love.

Threaten To Call The Cops
In the end, if all else fails, just tell them you’ll call the cops. It’s better if you go through with this threat while they are there and can hear it. They certainly won’t want to attempt to drive if they know the cops are on the way, and they are specifically on the lookout for their vehicles make and model. Your friend may become upset with this, but as a last resort, just explain you’ve tried everything to keep the from driving and this is the only and final option remaining. Hopefully they’ll get the point, and if not, you have to follow through with it and again its best to do while they can hear it. Simply say your friend is about to drive drunk, you can’t stop them, and here is their name and vehicle type to be on the lookout for, even the direction they’re heading. After all this heard by your friend, they may be upset with you, but they won’t be spending the night in jail as they well know the cops are looking for them. if they’re a good friend, they’ll eventually recognize the deed and drop any grudge they may have acquired. But in the end, anything you can do to keep your drunk friends off the road the better.

Do what you can to keep your drunk friends off the road, and be sure to do the same yourself. But if a mistake was made, be sure to contact Colorado DUI Attorney Phil Clark immediately so that he can help guide you down the right path of action.

At the Clark Law Firm, we understand that the law can be a tricky course to navigate. Which is why if you or a loved one is in need of a Colorado DUI Attorney, you should contact the Law Office of Phil Clark immediately so that he can review your case and help guide you down the right path.

The Amendment 64 Task Force Has Completed Their List Of Recommendations

On February 28th, The Amendment 64 Task Force in Colorado, which was assigned with creating recommendations concerning marijuana sales in the state, will be passing off their ideas to the Colorado state legislature for reviewing. The legislature will have to decide exactly what the details will include and how exactly they are to be implemented.

The task force has developed and put forth many recommendations for the legislature to review and take into consideration. These included, but were certainly not limited to, laws regarding:

• Acceptable locations for dispensaries
• Times of operation for dispensaries
• How to conduct out-of-state sales of marijuana to non-residents
• Requiring dispensary applicants to be residents of Colorado for at least 2 years
• How marijuana is to be taxed

The topics above mentioned are important for a few reasons and each in their own right have far reaching implications. For dispensaries, acceptable locations and the allowable times of operation are important so that the availability to underage users is mitigated. As you can imagine, there will be a limit set on how close in proximity a dispensary can operate near places where children frequent, such as schools and parks. The time of operation will probably be set in a way similar to bars, where they are not allowed to remain open past a certain time.

The issue of how out-of-state sales to non-Colorado residents is also a rather tricky subject. It is imagined that since medical marijuana is legal in many states, growers in Colorado should be able to sell their “medicine” to whomever, wherever the law permits. This becomes problematic when you consider states where it is not legal, people using fraudulent medical cards, and ensuring no one under the set age can acquire it.

By making those applying for a dispensary license show proof of having been a resident of Colorado for at least 2 years, legislature will essentially be ensuring that everyone in the country who wanted to open up a pot bodega does not flood into Colorado, and that Colorado residents themselves have the option to open up a dispensary first if they so chose.

Finally, figuring out how marijuana will be taxed is the biggest, and most controversial issue. It is known that marijuana will certainly be taxed more than tobacco, but less than alcohol. The reason this topic is so controversial is that the major selling point to residents for passing Amendment 64 was that the tax revenue generated was going to be first and foremost be spent on the Colorado education system. However, it is now uncertain exactly how much revenue can be generated, and it is suspected that the initial figures were far from accurate.

A Few Concerning Points That Always Arise

As you can imagine when discussing a topic such as the legalization of a narcotic, there is always going to be concerns that are hard to mitigate or know the severity of without first having experienced it. Currently there are a handful of concerns that constantly come up, the answers to which are still unknown. These concerns include:

• Homeless people moving to Colorado to smoke weed
• New training required for law enforcement
• Revision to the Colorado Clean Air Act (CCAA) for marijuana smoke
• Underage kids trying to procure marijuana

Each of these concerns are important and worth noting, however, they don’t seem to be large enough problems that should draw much attention. For starters, there is an odd idea that a slew of homeless people are going to flood into Colorado so that they can smoke weed. Also that troubled teens are more likely to refrain from seeking help as they’ll simply just get high. I find it hard to imagine that a homeless persons major concern is going to be where they can legally smoke weed, and decide based upon that, where they are going to live. Also the idea that more teens are going to be homeless because they smoke weed is ludicrous at best. That idea is believed by many to be nothing more than a fear mongering scare tactic.

There is no doubt that law enforcement will need training in order to deal with the new laws being passed. However, the learning curve should not be that steep considering we have already legalized medicinal marijuana in the state. So the training necessary for an officer to discern whether a person is high, and how high they are, should already be known. The only new training that would be needed is to update the officers of the new laws being enacted, and what that means for them.

The revisions that need to take place for the Colorado Clean Air Act are such that they will be set similar to that of smoking cigarettes. Where certain locations and areas will be smoke free, and perhaps restricting people from smoking outdoors and in public places.

Finally, it should be a major concern that children and anyone underage is not able, or easily able to purchase or procure marijuana for themselves. The only issue is that, well, kids will be kids. We have a very decent system in place to prevent children from being able to purchase alcohol, yet, they are still quite able to get a hold of it. It’s uncertain exactly what laws will be put in place to ensure marijuana doesn’t fall into the wrong hands, it can only be hoped however, that those laws do not make it more difficult for dispensaries to do business than they do for liquor stores or bars. It is believed though, that thus far, all laws being recommended are fair and take both sides into account.

If you have been convicted of a DUI in Colorado, we recommend you seek out a Boulder DUI Attorney immediately. If you are neeing help, the Law Office of Phil Clark can help you!

At the Law Office Of Phil Clark, we understand that the law can at times be a tricky course to navigate. Which is why if you are need of a Boulder DUI Attorney, Criminal Defense Attorney, or a Domestic Violence Defense Attorney you should be sure to contact the Boulder Law Office of Phil Clark today to ensure you are properly represented.

In 2012, there were two relatively well known claims about inmate abuse in the Boulder County Jail system, each leading to individual lawsuits. The more recent claim came from Joshua Johnson, while the other is from a Robert Kirkland. Each had broken bones, bruises, and a terrifying story to tell of their time spent in the jail.

Joshua Johnson’s story began when he was arrested after being pulled over for a broken headlight. The arrest came from violating an alcohol-related condition of a restraining order that Joshua mentioned had been lifted. However, the arresting officer could find no evidence that the restraining order had been lifted, and subsequently took him to jail. Upon hearing that he was going to be arrested, Joshua became irate, and was worried over his young daughter who was waiting on him to pick her up.

In the Boulder Country Jail, Joshua admits that he was upset and perhaps a little agitated. While police officials paint a different picture, that of Joshua being out of control, violent, and a threat to both himself and jail personnel. As such, jail personnel decided to move Joshua from his cell and into a restraining chair that is located in the disciplinary day area.

Upon seeing the chair, and their intention to strap him into it, Joshua became more agitated, and this is where the story takes a turn, where those that weren’t present have to listen to different sides of the same story and decide on which is true. Since Joshua was agitated, and didn’t want to be strapped into a chair, he resisted. Once resistance is met by an officer, they use force in an equal or excessive nature to accomplish the task at hand. This does make sense, because if you don’t use at least the same amount of effort if not more, there is no way to force another person to comply.

But after refusing to be put into the chair, a stream of various assaults fell upon Joshua with the intention to make him comply, and allow the officers to restrain him in the chair. Now before we get into what the officers did, it should be known that this force, by police, is considered “pain compliance”, which as the name implies, makes a person comply through causing pain. The pain compliance techniques used against Joshua involved repeated knees to the mid-section of his body forcing him to bend over so they can make him sit, straight punches to the chest for the same purpose, a mandibular handle pressure point technique which involves applying a knuckle between the jaw and the ear, and a infra-orbital pressure point control hold which involves folding the top lip back and applying your palm to the lip forcing pressure on the nose. This last technique is what caused Joshua’s nose to be broken, and after all of this, Joshua did finally comply. He was then strapped into the chair and had a hood thrown over his head. The hood being needed to ensure Joshua did not try and spit at the officers.

Joshua claims he passed out, and when he came to with the hood over himself he was terrified. After being released from the chair, he was escorted back to his cell. This is when Joshua realized that his nose was broken; he was bloodied, and had urinated on himself amidst the fray. It was also at this point Joshua felt that the force used against him was excessive by all means.

A similar story comes from Robert Kirkland, who filed a lawsuit alleging that deputies had abused him, and used excessive force to make him comply as well after being arrested for disorderly conduct. His resulting injuries were a fractured leg which he received from being tossed onto a bunk, a fractured big toe on his right foot, and a dislocated left hip and elbow. He claims that to this day he still has no feeling in two of his left fingers, and this was both due to the abuse and neglect of the officers on duty. After being roughed up, Kirkland claims he was denied medical treatment for more than a week and was only admitted to the hospital after he took a razor to his own arm so that they were forced to take him to see a doctor.

Tough Love or Excessive Force
Now both of these tales are sad, and you have to have sympathy for people who are in essence being ganged up on. It is police protocol to have at least three officers, if not more, help when an inmate is acting unruly. This makes sense as when a person becomes agitated, quite a few people are needed in order to properly secure and restrain that person.

If it is indeed necessary to strap someone down into a chair, so that they can pose no threat to either themselves or anyone else, chances are you are going to need a few helping hands to accomplish that. Every physical action taken by police officers, even the straight punches to the midsection, are trained to them for the purpose of making an inmate comply in the least harmful way possible. The whole idea of pain compliance is set so if someone is acting out, and could potentially cause harm, everything is done to ensure that doesn’t happen. It’s just an odd result of that, is the inmates are often hurt in the process of trying to keep them from hurting themselves.

Two Sides To Every Tale
They say there are two sides to every story, which is true, but just because there are two different sides of the story doesn’t make either account of it accurate. Stories will always be told in a way which puts the person telling the story in a better light. It is also a problem that in jails, mostly all you have to go off of are the accounts told by the inmates, and the officers. The inmates being the criminals will always have their stories heard with skepticism. This leaves the officers rendition to be the one that is believed and accepted. However, due to the recent lawsuits, the Boulder County Jail will be adding cameras to certain rooms so that if future incidents such as these arise, it doesn’t come down to he said, she said, it will be all caught on tape.

It is certainly hard to imagine an officer’s job being easy, especially when so much hate is directed toward them in the event of someone being arrested. Just like anyone else, they have a job to do, and we should respect the fact that theirs is both difficult and dangerous. Officers put their lives on the line daily for the safety and protection of others, and for that you have my, and most others, gratitude and respect. However, with power comes corruption, and when you hear tales such as these, it’s difficult to imagine that everything was done to protect the inmate when all is said and done, the officers walk out on their own two feet, while the inmate is left with a multitude of broken bones.

It’s also questionable as to why any bones would need to be broken when you have 3-5 officers falling upon a single inmate. I’m sure in the midst of the scuffle things become intense, but it is at least 3 vs. 1 at any time, and punching, kneeing, and anything that results in a broken leg or fractured hip most definitely sounds excessive. The bones in your legs and especially your hip area are extremely resilient, and for them to give way means a lot of pressure and force were applied. In the end, the police have to do their job, but in both of these stories, it sounds as though both Joshua and Robert were terrorized. Joshua was later found not guilty leaving the whole incident a nightmare that could have been avoided, while Robert claims is arrest was over something petty. Either way, both are left with the scars and emotional distress that accompany being beaten. One statement that left a strong impression was from Robert who had been in the military, and he mentioned that he knows what torture entails, and what the police did to him was not far off from that.

In the end, if these stories interest you, you should look into them and generate an opinion of your own. Perhaps Robert Kirkland and Joshua Johnson were overly difficult to deal with, and were truly threatening to themselves and others around them. Or perhaps the officers on duty were nothing more than sadistic brutes that deserve to have their badges stricken from them and tossed into jail themselves.

For those that have served their time for their crimes, Expunging Criminal Records should be a major concern. Make sure your name is cleared if your time has been served!

Binge Drinking: A Growing Problem

At Phil Clark Law, we know that receiving a DUI can have devastating and lasting effects. If you have received a DUI, you should immediately seek out a DUI lawyer to represent and assist you. If you live in Colorado, Phil Clark can help in Expunging a DUI and is an experienced Boulder DUI Lawyer.

Binge Drinkers: Not Who You Would Assume
Research has shown that roughly once a week, 1 in 6 Americans goes on a drinking binge. This means that over the course of a few hours, a person will have consumed nearly 8 alcoholic beverages. If this does not seem like a lot to you, perhaps you need to count yourself among them.

Generally in the past you would assume college students, and people in their 20s, would be those most likely to partake in binge drinking. However, that is not the case anymore. It’s estimated that around 36% of those that binge drink are 35 years and older. The more surprising part is that these older people more frequently binge drink compared to their younger counterparts.

A Few Statistics:
- 13% of those between the ages of 45 – 64 binge drink about 5 times a month.
- 4% of those aged 65 and older binge drink about 5.5 times a month.
- 28% of those between the ages of 18 – 24 binge drink about 4 times a month.

So what these results show is that of those that do binge drink regularly, older people binge drink more frequently. Though the number of old people may not be higher, meaning a greater percentage of younger people binge drink, just not as frequently.

Men Vs. Women
Binge drinking is about twice as common among men than women. 23% of men drink about nine alcoholic drinks at a time. Where as only 11.4% of women consume around 5.9 drinks per sitting. There are a few things that could explain this. But the one main one is that men naturally can consume more alcohol than a women of equal weight and height.

Drinking Your Woes Away
Income also plays a roll in binge drinking. Though you may think that more money allows for more drinking, however that is not the case. 20% of people who earn $75,000 or more anualy binge drink. Where as those with lower income binge drink in greater amounts and more frequently. The obvious conclusion that can made from this, is those that make less money, simply have more problems to wash away.

Alcohol Sales
An interesting point to binge drinking is that of all the alcohol consumed, binge drinking accounts for more than half of all alcohol consumed by adults, and a frightening 90% of the alcohol consumed by youths. So it can safely be assumed that alcohol sales are largely impacted by binge drinking. Suppose there are less people listening to the “drink responsibly” warnings in ads than may be hoped.

Deaths Caused by Binge Drinking
The Center for Disease Control and Prevention (CDC) report that due to binge drinking, more than half are associated with the 80,000 deaths that are due to excessive drinking. That’s roughly 40,000 people who die every year due to excessive drinking. This can be a result of alcohol poisoning, or accidents caused by being impaired, such as car accidents.

So with these facts in mind, perhaps if you believe you are one to binge, or know someone that does, it may be time to reflect a little. Alcohol should be something enjoyed in moderation. How often do you see someone that is too drunk, and you think that they can’t hold their liquor and are acting a fool? Well next time your finishing off your 5th, 6th, or 7th drink, remember that perhaps it is this time you are looking like a fool.

At Phil Clark Law, we believe everyone is entitled to proper representation, and to be found innocent until proven guilty. So if you or a loved one is seeking out an experienced and respected Boulder Criminal Defense Attorney be sure to contact the Law Office Of Phil Clark.

The Marijuana DUI Standard

If you or a loved one have been charged with a Misdemeanor marijuana possession, it is highly recommended that you find an experienced Marijuana Attorney to represent you. This is especially true if you have your medical card, as there are laws to protect you and a Medical Marijuana Lawyer will have the knowledge required to best represent you.

Mesa County Republican Senator Steve King is pushing for Marijuana blood-level limits for drivers, similar to that of DUI for alcohol. This is his fourth attempt at pushing this law through, and he has been so insistant because he feels that without it, lives will be at stake. In the past, lawmakers have turned down the proposed measure three times which included a special session this year when it failed in the state Senate on a 17-17 vote. However, on Oct. 5th The Transportation Legislation Review committee voted 10-6 to introduce the bill this upcoming January.

The passing of this bill will make Colorado the third state in the U.S to adopt a driver’s blood standard for Tetrahydrocannabinol (THC), which is the psychoactive ingredient in Marijuana. Colorado is also among 16 total states in the U.S where Medical Marijuana use is legal.

Proponents
The passing of this proposal means that drivers would be limited to 5 nano-grams of THC per milliliter of blood in their system when operating a vehicle. Sen. King and other proponents claim that people are dying needlessly on our states roads as a result of their consumption of Marijuana. They liken it to the lawless days before drunk driving was cracked down on around 20 years ago.

Nevada and Ohio also allow for medical marijuana use, and have a limit of 2 nano-grams for their drivers. Pennsylvania also has a limit of 5 nano-grams, which is what Colorado is proposing, but theirs is set by a state health-department guideline, which can then be brought in on a diving violation case.

Opponents
On the other side of the fence, you have a lot of opposition as you might assume towards such a touchy topic in Colorado. Critics say that crash data related to pot consumption is incomplete, and should not be drawn upon to create laws. To push something through, with such tenacity, as King has done, backed by absolutely nothing but assumptions is asinine at best.

Another reason for such a loud outcry is that medical marijuana users can often have a high THC blood level even when not under the influence, as marijuana stays in a persons system for quite some time after using the drug. What this does is risk wrongly convicting people of driving while impaired, which should be considered a major injustice.

What opponents would rather see is a realistic THC Blood level which could indicate driving while truly impaired. They feel that raising the level to 10 nano-grams would suffice and would help avoid wrongly accusing a person who uses often, but may not drive while under its influence.

What opponents would actually prefer, to avoid any wrong convictions, would be what is already in use today. An officers observation is a better indicator of whether or not a person is driving while impaired. Leave it to their discretion as to whether a person is fit or not to drive. Then if a person is found guilty, they would be taken in and tested then as the THC would still be in their system for some time.

Conclusion
It should be noted that nobody ought to drive while under the influence of marijuana, and it should be hoped that those opposed to this new law aren’t simply trying be able to make it that they can drive after smoking without fear. But this whole argument does raise a few interesting concerns.

One is obviously that a person THC blood level should not be an indicator of a person sobriety, unless the level is so high that there is without a doubt that person is inebriated, and 5 nano-grams is far too low.

A second is that with all the debate on medical marijuana and testing the amount in your system for DUI purposes, why is there not similar tests for pharmaceutical drugs? You would assume considering that many drugs are similar to morphine, or even synthetic heroine, that they would have been regulated first similar to alcohol. Especially since they have been in use for medicinal purposes well before marijuana was allowed.

A third is why Sen. King was pushing so hard for it in the first place, claiming countless lives are lost every year due to marijuana is insane. There are no numbers to back that up, and if you were truly worried about Coloradans safety on our roadways, there are countless others real areas that need attention. All this would leave a person wondering what the incentive is, which stirs up the conspiracy theorists pot.

One thing to note is that even if come January the law does go into affect, it is going to be difficult to make stick a persons sobriety based on testing the THC in their system. Especially since some people can have it in their system for up to a month after using, while other more active individuals can lose all trace of it within 24 hours. Of course this is all dependent on total usage, but the point is still proven. A THC blood test is and would always be inconclusive if a person has smoked before. This sort of explains why it had been turned down three times prior. But if we can learn anything from this, it’s that persistance can often even conquer logic and reason. That’s a lesson worth remembering.

Phil Clark is an experienced and knowledgeable Medical Marijuana Attorney. If you or a loved one has been charged with criminal marijuana charges, you should contact The Law Office Of Phil Clark, as a Marijuana Lawyer will go a long way when dealing with the law.