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<p>Read the blog archives of The Clark Law Firm to find out what’s happened in Colorado that affects DUI lawyers, DUI law, and other legal news and tips.</p>

The “Some Other Dude Did It” Defense — Infographic

The “Some Other Dude Did It” Defense — Infographic

By on Jul 31, 2019 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

Sowing the Seeds of Reasonable Doubt One very unique and interesting strategy that can be employed by criminal defense teams while representing their client is the “SODDI” defense, aka the “Some Other Dude DiD It” defense. This tactic shifts the conversation from whether the crime happened or not to who actually committed the crime. This is often used to claim a case of “mistaken identity” but there are actually a variety of cases that this defense can be useful for. Need a Criminal Law Attorney in Boulder, Colorado? Contact Phil Clark! A Mistaken Identity Defense Most commonly this strategy is utilized by the defense to plant a seed of reasonable doubt among the jury by undermining the evidence, especially from witness testimony. The “Mistaken Identity” defense can be an uphill battle but can be quite effective when done well. Undermining Evidence — That’s Someone Else’s! The most important thing to maintain with the SODDI defense is that the crime was committed without a doubt, but not by the defendant. One common type of case this is used in is where police and investigators discover evidence in a place that is often used by multiple people, such as a residence, vehicle, or other public location. This allows the defendant to claim that the evidence was found in a common area and that someone else committed that crime. This strategy cannot be utilized in murder or assault cases where the defendant is asserting self-defense. Witness Testimony — Target Inaccuracies Due to how difficult it is to remember past events with perfect accuracy, the SODDI defense has been popular for discounting evidence from witness testimony. Scientific studies of human memory have been able to prove that bystanders are unable to recount events in an accurate way, easily being influenced even by the wording of the question being posed. Mistaken eyewitness identifications contributed to approximately 71% of the more than 360 wrongful convictions in the United States overturned by post-conviction DNA evidence. The reliability of witness testimony has plummeted in recent years as its credibility is compared with the new “gold standard” of DNA testing. One study that discounted witness testimony was performed by a cognitive psychologist who studied witness memory. She showed...

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You Don’t Have to Be Driving a Car to Get a DUI! — Infographic

You Don’t Have to Be Driving a Car to Get a DUI! — Infographic

By on Nov 28, 2018 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs |

You Won’t Believe What Counts As a Vehicle for a DUI The state of Colorado is extremely strict. If you get a DUI on your record, then it stays there forever. So, it’s important to avoid using or driving any vehicle while intoxicated. However, did you know that it’s not just automobiles that can net you a DUI? Need a DUI Attorney in Boulder, Colorado? Contact Phil Clark! What is the DUI Law in Colorado?: “A person who drives a motor vehicle or vehicle under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence.” Definition of a Motor Vehicle: A vehicle is anything capable of moving from place to place on wheels or tracks; a very broad definition. So, feasibly, it is possible to be charged with DUI for operating any wheeled vehicle under the influence, as messed up as that sounds. Is DUI a Felony of Misdemeanor in Colorado? The first two DUI offenses within the state of Colorado are usually considered a misdemeanor crime as long as the driver did not hurt someone else or damage property. However, if the driver created physical injury to someone or property damage, then him or her, will most likely face a felony charge. Not only does your DUI stay on your record, it can be used against you if you get charged for another DUI offense in the future. So, if you have a DUI on your record from decades ago, it will still be used against you in the future. Some Unconventional Vehicles You Can Drive and Still Get a DUI Bicycles Boats All Terrain Vehicles Riding Lawn Mowers Pocket Bikes Golf Carts Go-Carts Construction Equipment A Horse Boats Wheelchairs (Motorized or Not) Motorized Scooters (E-Scooters) Skateboards (Depending on the State) What to Do If You Are or Might Be Charged with DUI? Ultimately, a DUI is the last thing you want on your permanent record. Your life and the way people perceive you changes in a negative way. If you get charged with a DUI, FIGHT IT. Do everything within your power to get the charges lowered or dropped. This is completely...

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False Accusations of Domestic Violence | Easier Than You Thought — Infographic

False Accusations of Domestic Violence | Easier Than You Thought — Infographic

By on Oct 25, 2018 in Blog, Boulder Colorado Law Advice Blogs |

False Accusations of Domestic Violence These Problems Often Enable False Domestic Abuse Cases   False accusations for domestic violence occur more often than most may give credit to. Here are a few reasons why false accusations of domestic violence occur so often.       A Loose Definition: The law defines domestic violence very broadly and vaguely and includes: intimidation, stalking, economic deprivation, throwing objects, trespassing, and harassment to name a few. These may not be clear signs domestic violence has occurred.   No Evidence Needed: Domestic violence service providers, law staff, and prosecutors are instructed to always believe the victim even when no real evidence or proof of violence or abuse is present and it seems more like you are guilty until proven innocent.   Victim Training and Advocates: Victims are trained and coached by hired workers to embellish their stories to increase the chances of finding a conviction or acquire a restraining order. All of your words and actions will be studied and twisted to make a stronger case for domestic violence.   False Accusation Incentives: There are a great number of benefits received by victims for accusing someone such as: • Sole use and possession of the place of residence with a restraining order • Receives custody over the children • Mental and/or physical therapy expense reimbursement • Reimbursed lawyer and legal fees • Low cost housing and other welfare sevices   Reluctancy to Charge False Accusers: Prosecutors are reluctant to charge domestic violence perjurers with a crime. Even when someone knows what they are doing is 100% wrong, and that they are lying to get another person in trouble, they have no fear of legal recourse.   Contact an attorney At The Clark Law Firm, we understand that the law can be a tricky course to navigate. If you have been falsely accused and are in need of a domestic violence defense attorney, be sure to contact Phil Clark immediately. He has the experience and skill needed to assist you in these troubling times.   We’re Here to Help You Call Us Now ☎...

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You’ve been pulled over: What should you do? – Infographic

You’ve been pulled over: What should you do? – Infographic

By on Sep 28, 2018 in Blog, Boulder Colorado Law Advice Blogs |

Don’t Make Your Situation Worse These steps will help you avoid unintentionally escalating the situation with your behavior during a traffic stop.   Getting pulled over is stressful and can often lead to making poor decisions and actions. These tips will keep you from unintentionally escalating the situation by behaving the wrong way. Though there are many Boulder attorneys available, remember that Boulder lawyer Phil Clark has the experience, knowledge, and skill to protect your future and your assets.      Step 1: Show you are attentive and cooperative At first notice of flashing lights, signal and pull over. If unable to pull over immediately, turn on hazard lights, slow down and get off the road at the first opportunity. Traffic officers will be watching how you pull over and will note it in his report. Show that you are attentive and cooperative.   Step 2: Make him feel safe and be prepared Roll down your window, turn off your vehicle and turn on your interior lights. You want to make the officer feel safe approaching your car. Make sure the officer can easily see and hear you. Prepare your license and vehicle registration and place both hands on the steering wheel. The officer may approach the driver or passenger side windows, be prepared for either.   Step 3: Obey the officer and be cooperative Police are people too, don’t make their lives difficult or they will be more likely to repay the favor by using their rights to hassle, search and detain you.   Step 4: Don’t incriminate yourself Remember to say nothing. You have the right to remain silent and the officer is aware of this. You should only say “I wish to remain silent, and I do not consent to any searches of my person or property.” As soon as you a pulled over, everything you do and say is being recorded and it is best to not incriminate yourself.   Step 5: Collect evidence to support your case After the officer leaves, if you believe you have been pulled over and/or charged with an offense frivolously, go to exact spot of the infraction (as written on your ticket), and take pictures of everything relevant to...

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Don’t Be Fooled: Common DUI Myths – Infographic

Don’t Be Fooled: Common DUI Myths – Infographic

By on Aug 22, 2018 in Blog, DUI Blogs |

There are a lot of misconceptions surrounding consuming alcohol before driving. These wives tales have been told so many times that it can be hard to distinguish the truth from fiction. These myths can lead to unfortunate circumstances that get you or a loved one into trouble with the law. Here is the truth about the top five most common DUI myths.   5 Common DUI Myths     Myth: A breath mint with is able to provide a disguise that you are drunk. Fact: Blood Alcohol Content has nothing to do with the way someone’s breath smells. A police officer will be able to detect drunkenness with, or without a breath mint.   Myth: If you don’t know that you are drunk then it’s okay. Fact: A police officer will still report you for a DUI even if you say that you didn’t know the beverage you were consuming contained alcohol. There is no way for them to verify if this claim is true or false. A police officer can and will arrest you whether you are accidentally drunk or not.   Myth: Drinking a lot of coffee can help you sober up. Fact: There is no relation between drinking a lot of coffee after drinking alcohol and becoming sober faster. It does not matter how strongly caffeinated the coffee is. Drinking a lot of coffee or other strongly caffeinated beverages can actually have the opposite effect.   Myth: Eating a lot of food, or eating specific foods before drinking can help prevent drunkenness. Fact: Eating certain foods like high-carbohydrate foods, or high protein foods will not act as barriers to letting the alcohol into your bloodstream. Neither will eating a lot of food before drinking. Alcohol doesn’t enter your bloodstream through digestion but rather through absorption, so what you have in your stomach doesn’t really make a difference.   Myth: Exercise can help you sober up faster. Fact: There is no relation to exercising after drinking and expediting the process to being sober again. Running a lap is not going to make the alcohol process through your bloodstream any faster.   At The Clark Law Firm, we understand that the law can be a tricky course to...

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Multiple DUI Convictions – The Consequences  & What They Mean for You – Infographic

Multiple DUI Convictions – The Consequences & What They Mean for You – Infographic

By on Jul 17, 2018 in Blog, DUI Blogs |

What is a DUI? When an individual is arrested for drunk driving – or driving under the influence – they are charged with what is known as a DUI. Being charged with a DUI means that drugs, alcohol or a combination of both to the point that it substantially affects the driver and they are considered unsafe to drive a vehicle. A DUI requires a blood alcohol concentration or breath alcohol of .08% or more. A DUI has consequences, and subsequent DUIs have increasingly severe consequences. If you find yourself in the situation of a DUI conviction it is important to understand what these consequences are so that you can protect yourself.     DUI Penalties   First DUI Offense Jail: Minimum 5 days – Maximum 1 year Fine: Minimum $600 – Maximum $1000 Community Service: Minimum 48 hours – Maximum 96 hours Probation: Minimum none – Maximum 2 years If this is your first DUI offense you probably have a lot of questions – the biggest being: will you spend time in jail? If this is your first conviction then the answer is, it depends. You may be asked to serve a jail sentence if either your blood test result or your BAC result was .20 or higher.  Otherwise, there is a minimum mandatory jail time for a second conviction and a third conviction. Even if this is your first offense a DUI is a general misdemeanor and will remain on your record for life in the state of Colorado.   Second DUI Offence Jail: Minimum 10 Days – Maximum 1 year Suspended Jail: 1 Year Fine: Minimum $600 – Maximum $1500 Community Service: Minimum 48 hours – Maximum 120 hours Probation: Minimum 2 years – Maximum 4 years The state of Colorado takes DUI offences very seriously, and if you have a second DUI offence the penalties are much harsher. In Colorado DUIs remain on your driving record forever, so even if your first DUI was 20 years ago and your second offence was today you would be considered a repeat offender.   Third DUI Offence Jail: Minimum – 60 days – Maximum 1 year Suspended Sentence: 1 year Fine: Minimum – $600/Maximum – $1500 Community Service:...

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