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Boulder Colorado Law Advice Blogs

<p>Read the Boulder Colorado Law Advice blog archives of The Clark Law Firm to find out noteworthy legal news and stories in Colorado and how they affect you.</p>

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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DUI Do’s and Don’ts

DUI Do’s and Don’ts

By on Apr 17, 2017 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Steps to Take when Pulled over for DUI 1. Find a safe place to pull over. Remember that, as soon as the police officer decides to pull you over for drunk driving (DUI/DWI), he starts making observations that he will put in the police report. This document can have a significant impact on the outcome of both your criminal trial and your DMV hearing. One of the first things the officer does is make a mental note of how you pull over. If you drive erratically, slow down too abruptly, or pull over in an unsafe location, the officer notes it in the report. 2. Don’t make any sudden movements. Officers are trained to be cautious, and to protect themselves, first and foremost. They always approach the car from behind so they have a clear view, and so the driver would have to turn completely around in order to shoot or attack them. So, don’t make any sudden movements and keep your hands on the wheel at 10 and 2 o’clock. 3. Be polite. The obvious reason to treat the officer respectfully is that you are far less likely to be arrested. If you’re rude or hostile, the officer is more likely do everything possible to get you convicted, including writing a very incriminating police report. If the officer asks you to step out of the vehicle, you must comply, otherwise you could be charged with resisting arrest. 4. Don’t answer any potentially incriminating questions, and don’t lie. The anxiety of getting pulled over is something police officers count on. In this kind of situation, people are far more likely to incriminate themselves. You do have to give your name, license, and registration to the police officer. But if the officer asks you if you’ve been drinking, or how much—and you’re concerned that you might incriminate yourself—simply say, “I’m sorry, officer, but I’ve been advised not to answer any questions.” If you have had only one or two drinks, say so. With very few exceptions, one or two drinks will not put you over the legal limit. Lying, however, is never a good idea. If you answer a question, answer it truthfully. If you lie, and the officer knows...

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New Breathalyzer Detection Device for Marijuana Coming

New Breathalyzer Detection Device for Marijuana Coming

By on Jan 27, 2016 in Blog, Boulder Colorado Law Advice Blogs, Legal News | 0 comments

Most of us are aware that when you are pulled over for suspicion of driving drunk, a police officer will give you some sort of roadside breathalyzer test. Recently, with the legalization of marijuana in a few states, driving while under the influence of drugs such as marijuana has become a larger concern. There has been no real solid way to test someone for the suspicion of being high when pulled over. However, currently, researchers are working on a new device to detect weed on your breath. How Marijuana is Currently Detected Roadside Getting pulled over for a DUID can be confusing and currently, there is no device to help a cop know for sure if you took drugs before driving. The signs tend to be similar to driving drunk that give the police a reason to pull you over, such as swerving. Many law enforcement officers have been trained as Drug Recognition Experts to identify signs behaviorally and psychologically that you are on marijuana when pulled over.  They are trained to identify physical indicators on your body as well. When you are pulled over for Driving While Under the Influence of Marijuana, if they have probable cause, you will be brought into a testing facility. These are controlled environments to test and prove that you recently took drugs like marijuana. Typically, a chemical test will be administered and you could be charged with a DUID if the level of THC is above the limit. The charges for this are very similar to a DUI conviction. How Will the Detection Device Work? In order to make the process of detecting marijuana easier for police officers, a breathalyzer is being released soon specifically for marijuana. The hope is to be able to detect the level of active THC in your system as well as how long ago the drug was consumed. The device will work by blowing into it to detect the marijuana level on your breath, just like an alcohol breathalyzer does. Currently, the device seems to detect the presence and level of marijuana better the closer in time you were to actually taking the drug. The longer you wait, the less effective the test is and the levels...

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Avoid a DUI with Designated Driving Services

Avoid a DUI with Designated Driving Services

By on Jan 15, 2016 in Blog, Boulder Colorado Law Advice Blogs, DUI Blogs | 0 comments

Anytime you are going out drinking, you need to plan ahead and figure out a designated driver that is sober to bring you home. The best options are to designate a friend to pick you up or choose someone going out with you to not drink, so your car isn’t left stranded. For many of us, we don’t plan ahead for a safe ride. If you find yourself with no way home at the end of the night, there are several designated driving services you can choose from. Most of these are paid and a few may be free, dependent on location and timing. Advantages of Designated Driving Services When the night is over and you find yourself drunk with no way home, do not get behind the wheel and drive. There are many services to choose from that will bring you home safely. The majority of driving services cost money, but it will cost a lot less than getting charged with a DUI. Do some research to figure out what the best option is for you based off a few factors. There are a lot of year-round companies that offer this kind of service. Each works a different way, such as them picking you up in their car and driving you home. In this case, you will need to leave the car you drove behind and pick it up another day. Some services bring your car home for you and some may even drop someone off to drive your vehicle and follow you both home. There can be several rules, dependent on where you’re located, what time of day it is, and what time of year it is. Lots of states have services specific to that state and rides may even be free if it is a holiday. Free Driving Services and Limitations Most driving services cost money, but there are a few that will offer free rides on holidays like New Year’s Eve. Companies do this to reduce the amount of drunk drivers on the road since most people are out drinking on holiday nights. There are even some non-profit businesses that offer free designated driving services all the time depending on the state. One company that...

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