Holiday Parties and DUI’s

This weekend is expected to be a very busy one for office and holiday parties. If you are going to be at a function, Daniel, Thom & Katzman urges you to drink responsibly. An average person can easily become impaired after a couple of drinks at a party.

Should you be stopped by the police, remember that any field sobriety tests are completely voluntary. You are not required to submit to these tests. You may be asked to perform a chemical test of either your blood or breath. If you take a breath test, your results will be known immediately and if the result is .08 or higher, the police officer will take your driver’s license. The results of the blood test may take 2 weeks or longer to come back and the police officer will not take your driver’s license at the time of your arrest. You may get a letter from DMV revoking your license several weeks after your arrest. You also have the right to refuse the chemical test. If you refuse, you may lose your driver’s license for1 year on a first-time refusal and you will not be allowed any restricted privileges to drive to work or for any other reason. Before refusing the test, please remember that the consequences to your license may be much more serious than if you took a blood or breath test.

If your license is taken by the police officer, you have 7 days to request a DMV hearing to challenge the revocation of your driver’s license. The revocation goes into effect automatically unless you request the DMV hearing.

If you have the misfortune of being charged with a DUI, you need the help of an experienced DUI attorney. There are some very important deadlines that can result in the waiving of important rights unless you act right after your arrest. Please call us so we can discuss your rights and evaluate your case.

We at Daniel, Thom & Katzman wish you a safe and happy holiday

CSPD and other Government Agencies Turn Up the Heat

In an effort to curb the number of instances of DUI and DWAI instances, police departments and other governmental agencies have started pairing-up and combining their forces.  For instance, the Colorado Springs Police Department and the Colorado Department of Transportation often pair together during the CSPD’s Heat is On programs.  These programs typically run during holiday weekends (e.g., Fourth of July weekends) and involve both sobriety checkpoints and saturation patrols.  Also, while the CSPD often pairs with the Department of Transportation, it has also paired with other governmental agencies such as the Pikes Peak Regional DUI Task Force and the National Highway Transportation Safety Association.

Characteristics of an Effective Sobriety Checkpoint Program

-Persistent Program that Deters Impaired Driving

-Program that Provides Legal Support

-One that Abides by Existing Departmental Policy

-Effective Site Selection

-Unique Warning Devices

-Visibility of Police Authority

– Logistics for Chemical Testing

-Contingency Plans

-Implementation of Techniques for Detection and Investigation

– Briefings of Operations

-Program that Provides Comprehensive Public Information and -Education Programs

-Means of Data Collection and Evaluation

As indicated by the City of Colorado Springs’ government website, the Colorado Springs Police Department institutes sobriety checkpoints and programs such as “Heat is On” for the purpose of deterring impaired drivers and reducing the number of alcohol-related vehicular fatalities each year.   Also, as indicated by the above list of characteristics of effective sobriety checkpoint programs, the CSPD and other agencies make every effort to ensure that these checkpoints adhere to both recent court rulings and the Colorado State Constitution.

Unfortunately, however, instances where in law enforcement officers do not adhere to guidelines and statutory regulations do exist.  Consequently, you’ll want to make sure you’ve done everything within your power to protect yourself legally, should you find yourself with a DUI or DWAI charge.   If you’ve been charged with a DUI or DWAI, then you’ll need to seek out a professional with both the experience and expertise to provide you with a fair defense.  A qualified Colorado DUI defense attorney has the resources to help ensure you’ve done all you can to avoid costly fines, community service, DUI classes, a revoked license, or even time in jail.

BAC Machines in Colorado Springs

Many of us had, at one point or another, found ourselves at a restaurant or out at a bar at night after an evening full of friends and a few drinks.  And many of us, in this situation, have been faced with the question of whether or not we should get behind the wheel of a car and drive home.  Unfortunately, by the time most of us reach the point in the evening where we’re asking ourselves—“Am I too drunk to drive?”—we’re already much too intoxicated to safely operate a vehicle.  By this point, the alcohol consumed earlier in the evening has already seeped into our systems and begun impairing our ability to make responsible decisions.

Consequently, many people have begun to feel that a convenient and objective method of determining sobriety should be available at bars and restaurants.   Indeed, some groups of people now content that simple, easy to use sobriety tests at restaurants and bars will significantly impact the number of drunk-driving incidents by reducing the number of impaired drivers on the road.   For instance, David Tweedy, former police officer and now owner of the breathalyzer company National BAC, believes that the breathalyzer machines his company sells will have a “positive impact on DUI statistics around the region.”  In 2010, Tweedy installed one of his machines in a local Colorado Springs watering hole—Southside Johnny.  While the machines themselves cost thousands of dollars, patrons pay only a dollar for each test.

Simple, easy to use BAC tests, such as National BAC’s, have yet to reach many bars or gain in popularity among bar and restaurants patrons in Colorado, and unfortunately, not all of these devices take into account BAC levels that indicate a DWAI (driving while ability impaired).  Should you find yourself in a situation where you’ve been charged with a DUI or DWAI, you should seek out a Colorado DUI defense attorney as soon as possible.  He or she will need to know every particular detail about your incident.  A qualified DUI defense attorney will provide you with the defense you deserve and help you avoid incurring costly fines, community service, or even time in jail.

Getting the Proper Defense for a Vehicular Assault Charge

In many instances a vehicular assault charge occurs in conjunction with another potentially serious charge, like a DUI or reckless driving, which makes having a qualified Colorado defense attorney on your side even more important.  Each of those charges alone could bring about serious consequences, but when a driver faces multiple charges together there is a serious need for a well constructed defense.

An experienced Colorado defense attorney should be contacted immediately following your arrest for DUI or vehicular assault so the focus of your defense strategy can be immediately developed.  Your Colorado defense attorney will be able to use their knowledge and experience to reveal the necessary details of your case that could be used to cast doubt on the charges levied by the prosecution.

If the arresting officer did not follow proper procedure or if there are any discrepancies evident in the detail of the prosecution’s case, your experienced Colorado defense attorney will be able to identify them and use them in order to build your defense.

When the charges filed against you are as serious as DUI and vehicular assault, the potential penalties that you could face if convicted are very severe.  If there are multiple charges filed against you and the evidence of the prosecution is very strong a good Colorado defense attorney may be able to help you reach a plea bargain that will result in penalties that are less severe.  The best way to walk away from very serious charges like vehicular assault and DUI with a favorable outcome is with a very strong defense built by an experienced Colorado defense attorney.

Reducing DUI Penalties with a Colorado Defense Attorney

With one look at the potential penalties that you’ll face from a DUI conviction in the state of Colorado, it’s very easy to see just how much your life can be affected. Heavy fines, jail time, suspension of driving privileges and the requirement for carrying an expensive auto insurance policy can wreak havoc with your personal, financial and professional lives.

The best way to approach your defense in a DUI hearing is by enlisting the help of an experienced Colorado defense attorney.  Many drivers feel as though they are already potentially behind the eight ball will the potential financial repercussions of a Colorado DUI and hope that they’ll be able save money by defending themselves, but this is often a serious mistake.

Constructing the best possible defense against a Colorado DUI charge requires and in depth and intimate knowledge of DUI law.  DUI cases can be complex and confusing and a poorly constructed defense is can easily lead to a conviction that will force you to face the fullest extent of possible penalties.

Having an experienced Colorado DUI attorney on your side will ensure that you’ve got the necessary knowledge in your corner to limit the possible punishments you’ll face.  A good Colorado defense attorney will most likely be able to save you much more in potential fines and increased insurance premiums then their services will cost.  If you have been arrested for a DUI in the state of Colorado, it’s imperative that you reach out to an experienced Colorado defense attorney in order to begin constructing your defense.

A Colorado Defense Attorney Can Help Minimize Penalties Faced from Drug Charges

Drug charges can come in a wide variety of forms, but the end result is almost never favorable.  Even a seemingly simple marijuana possession charge can result in serious fines and have a negative effect on you for the foreseeable future and as the charges become greater, so do the potential penalties. If you are facing any type of drug charges, even if the potential penalty for a conviction or guilty plea doesn’t seem too severe, you should enlist the help of an experienced Colorado defense attorney.

A drug conviction can stay on your criminal record and affect you in the future when trying to get a job, when trying to secure a loan or when trying to obtain financial aid.  If fail to fight the charges with a solidly constructed defense or if you take a guilty plea in order to simply try and put the event behind you without having to sit through a lengthy trial, your future could certainly suffer.

An experienced Colorado defense attorney may be able to immediately cast doubt on possession charges based on the available evidence.  A good Colorado defense attorney will be fully aware of the most effective methods of defense in cases where charges of drug possession are filed.  Having that experience and knowledge at your disposal is the best possible way to ensure that your future is not negatively effected by the potentially serious penalties that often go along with charges of drug possession.

Facing Assault Charges with a Defense Attorney

No matter which state you live in, a conviction on assault charges can bring about some very serious legal penalties. Even a third degree assault charge, which is a misdemeanor in most states, can carry a penalty of up to two years in prison. Felony assault charges can have much more severe penalties and much longer possible prison terms, which is why you need to reach out to an experienced defense attorney if you’ve been charged or are under investigation for any level of assault charge.

There are a number of variables considered during an assault case, and constructing the most appropriate and most effective defense requires an in depth knowledge of criminal law and litigation experience. Attempting to get through a hearing involving any type of assault crime without a qualified and experienced defense attorney is a huge mistake that will likely result in the receipt of some very serious punishments.

Due to the fact that assault is not a victimless crime, you will have to build a defense that capably handles the evidence gathered by law enforcement officials, the testimony of the victim and the testimony of witnesses. Constructing an effective and believable defense requires not only a great understanding of the laws in your area, but the ability to determine how the prosecution will handle the pursuit of the conviction. A criminal defense attorney with experience defending clients in assault cases will be able to build an effective defense with these things in mind.

A felony assault charge could have a seriously negative impact on your life moving forward, which is why you’ll want to do everything in your power to have the charges reduced or dismissed. You can often get criminal charges reduced if you can negotiate a plea bargain, but you need an attorney to advise you on the best way to plea. An experienced criminal defense attorney will have cultivated professional relationships with prosecutors and judges in order to be able to help their clients reduce charges or make favorable pleas to lesser charges.

In order to leave the courtroom after an assault hearing with the most favorable results, you need the best possible defense, which can only come from a highly qualified and experienced defense attorney who knows local prosecutors and judges. If you’ve been involved in a fight or altercation of any kind, don’t wait until the charges have been filed in order to start building your defense. Reach out to an experienced defense attorney right away.

Battling Domestic Violence Charges with a Colorado Defense Attorney

Domestic violence charges can be levied by the prosecution even when no serious injuries occurred.  Law enforcement officials take domestic violence situations very seriously and when a domestic violence situation occurs there is no hope of a warning.  When an officer is dispatched on a domestic violence call an arrest will be made, even if there isn’t necessarily a clear cut aggressor or blatantly visible signs of injury.  Just because your partner chooses not to press charges at the time of the incident you can’t assume that you’ll walk away completely free of charges when a domestic violence call has occurred.

While the officers are only acting in the interest of the safety of all parties involved, if domestic charges are brought against you, you could suffer very serious consequences – even if you weren’t really the aggressor.  A domestic violence conviction requires the accused to attend mandatory domestic violence classes at their own, which could pose a serious strain on your time and your finances, and could possibly result in a prison term of up to two years.

In order to adequately fight a very serious charge like domestic violence, you need the assistance of an experienced Colorado defense attorney.  A Colorado defense attorney will know how to approach your case by carefully evaluating all of the available evidence and be able to structure the most effective defense strategy for your situation.

If you have been charged with domestic violence it’s imperative that you reach out to an experienced Colorado defense attorney as soon as possible to begin planning for your defense.

Pueblo Woman’s Fourth of July Results in Injuries and DUI Charges

In Pueblo County this past Fourth of July, a Colorado woman—allegedly under the influence of alcohol—sped down South Purcell Boulevard in Pueblo West at a reported speed of sixty-five miles-per-hour.  She reportedly exceeded the thirty mile-per-hour speed limit in an attempt to evade law enforcement officials who intended to pull her over for a suspected DUI.  Unfortunately, in her attempt to avoid law enforcement, she lost control of her vehicle (shortly after cutting-out her headlights) and ended-up rolled-over in a six foot deep construction ditch.  As a result of he crash, the woman suffered injuries and received medical assistance at Parkview West Medical Center.  Not long after her recovery, police officers arrived at the hospital to charge her with vehicular eluding, DUI, driving with a suspended or revoked license, reckless driving, and driving without wearing a seat belt.

Unfortunately (as was the case with this woman), holidays such as the Fourth of July, St Patrick’s Day, and New Year’s Eve provide many individuals an excuse to consume copious amounts of alcohol and make poorly thought-out life choices.  Consequently, those individuals then make decisions (that have serious legal consequences) rather carelessly.  For a case in point, consider that this Colorado woman now has expensive hospital bills, potentially agonizing life-long injuries, heavy fines, considerable prison time, community service, and DUI classes to attend—all because she made poor decisions while her abilities were impaired.  (Furthermore,  she’ll have to continually confront members of her community to explain the likely social stigma they’ll attribute to her for endangering herself and other motorists.)

Truly, alcohol and other drugs have the ability to impair the judgment of those who consume too much of it—or those who consume it irresponsibly.  While most Individuals –under normal circumstances—might not ever even consider getting behind the wheel while intoxicated, those who’ve “overdone it,” so to speak, could easily misjudge their abilities and make the serious mistake of climbing into a vehicle while under the influence.  In the event you find yourself facing DUI, DUAI, or other related charges, then you should contact a Colorado DUI defense attorney without delay.  While not every circumstance results in a judgment wherein suspects totally avoid conviction, many cases do, and as such you’ll want to make sure you the best counsel you can get.  At the very least, having a seasoned DUI defense attorney ready to represent you in legal matters can help protect you from some of the harsher sentences associated with DUIs.

Domestic Violence Charges Demand the Help of a Defense Attorney

The law in many states takes domestic violence charges very seriously. Law enforcement and court officials are understandably concerned with protecting the rights of alleged victims. Even when there are no signs of physical injury present, domestic violence charges can still be filed on behalf of the alleged victim. Judges will often administer serious penalties upon a conviction for domestic abuse or other related charges. If police get called to a scene where domestic abuse is suspected, it almost always results in an arrest, and that arrest can result in a lengthy stay behind bars for the accused.

Because these types of charges are taken so seriously by law enforcement officials and court systems across the country, domestic violence charges can never be taken lightly. If you’ve been charged or suspect that you will be charged with a crime like domestic abuse, you need a qualified and experienced defense attorney on your side. A defense attorney with experience in these kinds of cases will structure the best possible defense against these serious criminal charges. Having that knowledge of the law and experience in the court room setting is invaluable if you hope to walk away from your hearing without serving an extended period in county jail.

Attorneys usually begin building a defense by closely examining the details of your case to be able to argue for your innocence in court. A defense attorney with a wealth of experience defending against assault charges will know exactly what information will be the most relevant to your defense and be able to structure those details in the most efficient and most effective defense. Defense attorneys will also generally scrutinize witness testimony in an effort to unearth lies, half-truths or inconsistencies so that they can cross examine witnesses in the court room and use witness testimony to prove your innocence.

In cases of domestic abuse or any kind of criminal cases that involve families, a defense attorney will also be able to help you even before your day in court. Your defense lawyer should be present during the investigation of your case because they can advise you on how to talk to law enforcement. Often, the police will pressure individuals accused of domestic violence into telling their side of the story, and you should never do this without an attorney by your side.

No one wants to spend time in prison, but the possibility of facing a jail term for a domestic assault charge where no one was even injured can be incredibly disheartening. A good defense attorney will ensure that your side of the story is heard in court and that all of the relative details of the case are brought to light, so you can feel confident that you’ll receive a fair and just trial and not be punished for a crime that you did not commit.