Greeley Law Blog

How do police officers perform a field sobriety test?

On behalf of Martin & Reed, LLC on Monday, May 11, 2020.

In order to arrest you for suspected impaired driving, officers need to have some sort of evidence of potential chemical intoxication. During a traffic stop where officers suspect someone of driving under the influence (DUI) because of erratic driving behavior, the officers need to interact with the driver to determine if they have probable cause to request a chemical breath test and possibly arrest them.

After initially talking with the driver, performing a field sobriety test is often the second step in the process of moving from a traffic stop to a DUI arrest. Understanding the various tests that officers perform can help you better understand how they demonstrate impairment and if you can push back against the officer's claims.

Parenting time interference is a punishable crime

On behalf of Martin & Reed, LLC on Friday, May 1, 2020.

One of the most difficult aspects of divorce for parents is learning how to respect each other's boundaries and rights after the divorce finalizes. Without children, a couple may end their marriage and never need to speak again, in some circumstances. However, for parents who divorce, major conflicts may develop if one parent does not respect the other parent's rights to time with their child.

When a court hands down a custody order or approves a parenting plan, it is important for the parents involved to understand that these are legally binding documents, and violating the terms in them may lead to punishment. Courts refer to this behavior as parenting time interference.

Tips on divorcing an alcoholic

On behalf of Martin & Reed, LLC on Monday, March 23, 2020.

Deciding to file for divorce could be one of the most difficult decisions that you will ever have to make. This will be especially true when divorcing an addict. You may have tried for years to help them to face their addiction and go through recovery. By filing for divorce, you may feel a huge sense of failure or guilt. But it is important that you look out for the well-being of yourself and your children first.

Divorcing an alcoholic can be particularly challenging, not least because of the internal battles that you may be facing. Your divorcing spouse may make the divorce process even more difficult because of their addiction, and this could have a profound effect on your ability to move on and create a new life. The following are some tips that could help you manage the divorce process better.

Study finds breath tests unreliable

On behalf of Martin & Reed, LLC on Tuesday, February 11, 2020.

There are two basic types of breath tests that the police use: portable breath tests, which don't often get used in court as evidence, and Breathalyzers, which operate at the police station and usually do get used as evidence.

Either way, the goal of the device is to determine what your Blood Alcohol Concentration looks like at the time. If it's over 0.08%, that means you broke the legal limit and are presumed impaired by that intoxication. That can lead to a DUI conviction.

Eyewitnesses are unreliable

On behalf of Martin & Reed, LLC on Tuesday, February 4, 2020.

After an arrest, you find yourself heading to court. The prosecution claims to have eyewitnesses from the scene of the crime. These witnesses say they saw you there and they think they can put you away for the alleged illegal activity.

You know that the jury often listens to eyewitnesses, especially when they are impartial. They're just people who happened to be there at the time, so they're honestly trying to explain what happened.

How aggressive should you be in your divorce?

On behalf of Martin & Reed, LLC on Thursday, December 26, 2019.

You and your spouse decide to get divorced. It's not a good scene. Things have been going south for some time, but you're really on bad terms now that you have decided to end your marriage.

You worry that your spouse is going to try to "win" the divorce out of spite. Maybe they'll try to get more of the assets or get more time with the kids -- or cut you out of the children's lives entirely.

Marriage myths that can lead to divorce

On behalf of Martin & Reed, LLC on Friday, November 15, 2019.

A lot of divorce cases stem from the basic fact that someone's expectations did not get met in the marriage. At times, this is the fault of their spouse, but the reality is that many issues come from unrealistic expectations based on marriage myths. People believe something about marriage that is not true, and then, when their own marriage naturally cannot give it to them, they decide to get divorced.

A few examples of these myths include:

Marriages follow the same steps as a sort of "universal path." For instance, people get married, buy a house, start a family, etc. The truth, of course, is that there are many paths and no two relationships have to follow the same course.
A good spouse already knows what you want. In actuality, no one can read someone else's mind. No matter how well you know each other, without solid communication, you and your spouse will sometimes fail to offer exactly what the other person is looking for.
Marriage does not take work. People seem to think only of the positive sides of marriage, as if it should all be as easy as it felt on your honeymoon. The truth, though, is that marriage is challenging and it does take work.
You and your spouse need to always agree. While connecting on major issues can help you, the reality is that you can have some significant differences. If you expect your spouse to agree with you all of the time, you are in for a surprise.
You will feel closer and happier after having children. Yes, children can be a blessing and you will love them, but don't assume it only makes you closer. It changes your roles in the family as you become parents. Kids also bring stress into a relationship. If things are not working, having kids is not going to fix it.

Can a police officer order you to get out of a vehicle?

On behalf of Martin & Reed, LLC on Wednesday, November 13, 2019.

You get pulled over and arrested for a DUI. During the traffic stop, the police officer orders you to exit the vehicle. You do not want to do it, but you think you do not have any choice, so you get out. That's when the officer observes that you appear intoxicated and makes the arrest.

After the fact, you start wondering just how legal that was. Can an officer tell you that you have to get out of the car, or does that violate your rights?

What happens when someone refuses to pay child support?

On behalf of Martin & Reed, LLC on Tuesday, October 1, 2019.

In an ideal world, child support payments get made on time, every time, and they help a child have a healthy, happy life after a divorce. That child has the same financial opportunities they would have had before their parents split up. They get all of their basic needs covered. In divorce, the court always puts the children first.

The reality, though, is that it does not always go that smoothly. In some cases, parents refuse to pay child support, despite the court order telling them that they have to do so. They ignore their obligations and make life much harder for the children.

DUI issues you may not have considered

On behalf of Martin & Reed, LLC on Tuesday, August 20, 2019.

Getting a DUI in Colorado is no joke. You may have to go to classes or a DUI program. You may lose your license. You may have to pay fines and fees. You could spend time behind bars. At the very least, you will get arrested the night that the police stop you for driving under the influence.

These are all of the ramifications that people traditionally think of when considering drunk driving. However, even these things do not go far enough. Here are a few more ways a DUI could impact your life that you may not have considered before: