In Colorado it’s illegal for a driver to drive a motor vehicle when the person knows that their license is “under restraint”. “Knowledge” of the restraint is an element that the district attorney’s office would have to prove in order to obtain a conviction if the matter were to proceed…
Although it’s now possible under Colorado law to seal certain drug convictions that entered on or after July 1, 2011, determining eligibility and navigating the process can very complex. Different rules apply depending upon when the conviction entered. There are three (3) “main groups” of rules for sealing drug convictions…
Some drug cases where the conviction date occurred between July 1, 2008 and June 30, 2011 in Colorado can be sealed. Specific procedures and criteria pertain to these “magical dates” (July 1, 20018 through June 20, 2011) enacted by the legislature. Which types of conviction records can be sealed? Petty…
It is possible to seal drug convictions in Colorado for cases where the conviction occurred before July 1, 2008. Specific rules apply for the process and eligibility for these convictions. Eligible cases are as follows: petty offenses or misdemeanor offenses in violation of Article 18 of Title 18, CRS. Class…
Picture yourself enjoying Colorado’s blue sky and sunshine and reaching into your mailbox to find this little “gem”: “Colorado Department of Revenue records indicate that your ignition interlock device has prevented the operation of a motor vehicle in three of twelve consecutive reporting periods due to excessive blood alcohol content. …
Before Colorado law enforcement searches a person’s premises, auto, or person, law enforcement may question the person as to whether or not the he/she has a needle or syringe that may prick/puncture/poke/stick the officer. Law enforcement may also inquire as to whether the person has a needle or syringe on…
Starting August 9, 2017 some people charged with domestic violence offenses or stalking will not be eligible for bail/bond under a new Colorado law. As noted in the title of this post, the law only applies to some specific domestic violence and stalking cases. Colorado House Bill 17-1150 modifies CRS…
New, enhanced, tougher DUI penalties for 4th, 5th, 6th or more DUI offenses in Colorado start on August 9, 2017 pursuant to House Bill 17-1288. The new law requires a person convicted of a Felony DUI, DUI per se, or DWAI who is sentenced to probation to serve a minimum…
Governor Hickenlooper just signed Senate Bill 17-027 on June 1, 2017. This law increases the penalties for texting while driving, however it appears that the elements required to prove a violation have also increased. CRS 42-4-239 provides that a person under 18 years of age is prohibited from using a…
A recent Colorado Court of Appeals case involving Kilo the drug sniffing dog held that a dog’s alert alone does not establish the Probable Cause necessary to conduct the search of a vehicle occupied by individuals 21 years of age or older. Under Amendment 64 of the Colorado Constitution, it…