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Greeley Law Blog

DUI manslaughter: Ordinary negligence versus gross negligence

Imagine you were driving home from a party on a Saturday evening and you get into a catastrophic car accident. The driver of the other vehicle died, and after police arrived, they arrested you and accused you of DUI manslaughter with gross negligence.

The DUI manslaughter charges came as a surprise to you because you hadn't drunk any alcohol that night. Furthermore, you're confused about what the term "gross negligence" means and how it applies to your criminal charges.

Riding a bicycle drunk can lead to a DUI

You and your friends have been planning a pub crawl through Greeley before the winter weather fully sets in. In order to stay safe and not risk a driving under the influence (DUI) charge or possibly even an accident, you have decided to make it a bike riding event. Unfortunately, in Colorado, you can get a DUI for riding a bike while intoxicated. And, in recent years, Denver and other cities have started taking a hard stand against cyclists riding their bikes while drunk.

Denver adjusted its stance on drinking and cycling after a vehicle was involved in a collision with an intoxicated cyclist. When the cyclist did not receive a DUI, the motorist filed a complaint. As a result, the police department started enforcing drunk driving laws as they apply to cyclists. Many advocates in Colorado, and in other states that enforce strict drinking and cycling laws, have claimed that the harsh treatment will cause more people to make the less safe choice of getting behind the wheel after drinking. Other people argue that increasing the focus on drunk cyclists is not an efficient nor effective way to use police resources.

Too drunk to drive? Be careful if you want to take an in-car nap

Getting a DUI is a financial and legal burden no matter who you are. Not only that, but a DUI conviction can shame you and negatively affect your job prospects for many years to come.

Because of the potential negative effects, and the risk that driving drunk entails, it's understandable that Colorado residents would do anything to avoid driving drunk -- even taking a nap in their automobiles when they realize they're too drunk after getting on the road. However, if you simply pull over and try to sleep off your drunkenness, be warned: Police could still charge you with a DUI.

What is wrongful arrest and can you resist it?

Law enforcement officers are only human, and they are as prone to mistakes and occasional poor judgment as the rest of us. Most of the time, those minor mistakes are easily fixed. Sometimes, however, they can result in the wrongful arrest of someone who committed no crime. Getting arrested when you shouldn't be is humiliating. It can impact your social relationships, your job and even your mental and physical health.

Wrongful arrest happens for a number of reasons. Sometimes it's intentional, other times it's the result of a mistake. It can cause bodily harm, as well as emotional and social damage to the person arrested illegally. Wrongful arrest can contribute to a a criminal defense strategy or even result in a lawsuit against local law enforcement. Knowing your rights, like when police can arrest you or when they can search your home, helps you protect them.

A DUI in my own driveway?

Driving after drinking is always a very serious risk, but in some cases, you may face DUI charges even if you're not actually driving. The law generally frowns upon individuals who exceed the legal limit being in a driver's seat at all.

This brings about an interesting legal conflict — can people receive DUIs in their own driveways? After all, they are not necessarily on a road governed by public traffic laws.

What are the many benefits of a prenuptial agreement?

Once you find that special someone and set a wedding date, you will have a lot on your mind.

While planning your big day is important, you should also turn your attention to the distant future. This may lead you to learn more about the benefits of a prenuptial agreement.

When can law enforcement legally enter your private residence?

As most people are aware, the Fourth Amendment limits the ability of the state to search a person or private property and also protects against unfair or unnecessary seizure of property. Unfortunately, over the years, the Fourth Amendment and the protections it affords have been eroded both by common law enforcement practices and court precedent.

It's important for all citizens to understand their legal rights, including when it's legal for law enforcement to search your home. After all, if you don't understand your civil liberties, how can you possibly stand up for them?

More assets mean more difficulty in divorce for many couples

Getting divorced can be a difficult, painful process. You are formally ending a relationship that you had hoped, at one time, would last the rest of your life. You and your former spouse are likely to disagree on many things about how to handle your divorce, including how to split up your possessions.

You may both want to retain your primary home, or you could disagree about how to fairly split your debts, which may include credit cards and student loans as well as a mortgage. The greater the overall value of your assets, the more likely it may be that you and your spouse will disagree about the split.

Could a medical condition have caused your DUI charge?

Many people seem to think that breath tests, also called breathalyzers, are infallible. This leads to an assumption by many that anyone who is facing a driving under the influence (DUI) charge must be guilty. Nothing could be farther from the truth. In reality, breathalyzers can and do produce false positives for a wide range of reasons. In some cases, a false positive is due to a malfunctioning unit or administration by someone who isn't following best practices. In many other cases, medical conditions can impact the results of a breathalyzer test, making it seem like there was alcohol when there wasn't.

If you or someone you love is facing a DUI charge or a charge of Driving While Ability is Impaired (DWAI), your best hope for a positive outcome is working with an experienced Colorado defense attorney. There may be a simple explanation, but you will need the advocacy of a lawyer if you hope to convince the courts. Whether you believe there was an issue with how the officer administered the breathalyzer test or there may be a medical cause for your failed test, you'll need help to beat your pending DUI charges.

Breathalyzers: Why they're not foolproof

You went out to dinner with some friends, and you had a few drinks. You didn't think much of it, since you only had a few and were there for several hours. You got behind the wheel of your vehicle and started heading home when a police officer comes up behind you and pulls you over.

You had gone over the center line, likely when you were trying to change the radio station. The officer says he'd like to give you a breathalyzer test because he can smell alcohol on your breath. You agree, because you know you won't be over the limit.

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