The Foley Law Firm 2022-12-06T11:47:05Z https://davidfoley.net/feed/atom/ WordPress https://davidfoley.net/wp-content/uploads/2022/12/image.png admin https://davidfoley.net <![CDATA[When your teenager gets a DUI]]> https://davidfoley.net/?p=2968 2022-12-06T11:45:37Z 2022-12-02T11:23:21Z If you are the parent of a teenager who has recently been arrested for DUI, you may feel overwhelmed and uncertain about what to do next. It's important to remember that you are not alone.

This article will provide you with some information about Colorado's DUI process and offer advice on navigating the situation.

What are Colorado's underage drinking laws?

In Colorado, anyone under 21 caught driving with a blood alcohol content (BAC) between .02% and .05% will be charged with a UDD (underage drinking and driving). If it is the first conviction, your teen will receive up to a $150 fine, 24 hours of public service and a three-month license suspension.

Furthermore, they may also be charged with a Minor in Possession of Alcohol (MIP), which carries a $250 fine and 24 hours of community service.

If the juvenile is a repeat offender, has a BAC above .08%, or if they cause injuries or property damage, they may face more severe penalties, including jail time. As a result, a juvenile DUI conviction can have significant consequences.

If your teenager has recently been charged with driving under the influence (DUI), you may feel various emotions, from anger to worry. It is important to remember that your teenager is going through a tough time as well, and they will need your support. Here are a few tips for helping your teenager through their DUI:

  • Try to stay calm.
  • Make sure to listen to your teenager.
  • Avoid placing blame.
  • Focus on supporting your teenager and helping them through this tough time.

Finally, seek legal help as soon as possible. You need someone to review the facts of your child's case and advise you on the best course of action. In some cases, it may be possible to have the charges reduced or dismissed altogether.

 

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admin https://davidfoley.net <![CDATA[6 survival tips for winter driving and travel]]> https://davidfoley.net/?p=2964 2022-12-06T11:47:05Z 2022-12-01T11:21:28Z Residents of Colorado Springs know the weather is unpredictable. One minute it's sunny, and the next, you're dealing with a blizzard.

This can make driving in the winter a challenge. This blog post will discuss some tips for driving safely in Colorado's winter weather.

1. Always be prepared.

Whether traveling a long distance to visit family or just making a run to the grocery store, keep these winter driving tips in mind whenever you hit the road.

2. Prepare your car for winter weather.

Check your tires and ensure they have plenty of tread. If your tires are worn, consider replacing them before the winter season begins. Also, remember to change your oil and check your battery.

3. Drive slowly and carefully.

The best way to stay safe on the roads is to slow down and drive carefully. In addition, be sure to increase your following distance, as it takes longer to stop in snowy or icy conditions.

4. Make sure you have plenty of gas before hitting the road.

It's essential to make sure you have plenty of gas before heading out. This will ensure that you don't run out of fuel in the event of unexpected delays and that you can keep warm if you end up stranded.

5. Keep an emergency kit in your car.

The kit should include items like a first-aid kit, a flashlight, blankets, and snacks. These can be invaluable if you get stuck in a snowstorm on the highway.

6. Watch out for black ice on the roads.

One of the biggest dangers on the road is black ice. Black ice is often invisible and can form quickly, making it treacherous for drivers. If you suspect black ice may be present, slow down and drive cautiously.

Unfortunately, even the most cautious drivers can't always avoid being involved in a collision. There are too many variables on the road for anyone to be able to control everything all the time. If you or a loved one are injured in a car accident, it's crucial that you receive compensation for your injuries.

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admin https://davidfoley.net <![CDATA[When Can You Face Federal DUI Charges?]]> https://davidfoley.net/?p=2919 2022-12-01T10:33:00Z 2022-11-30T13:39:48Z Most drunk driving charges are state charges. Each state has their own laws for driving under the influence. However, most people don’t realize that there are times when a driver can face a federal DUI charge.

While most federal crimes can occur anywhere, to be charged with a DUI as a federal crime, you must have been driving on land owned by the federal government or anywhere that is federal property.

Some examples of federal property

There are millions of acres of federally owned property in the U.S. Your first thought may be of national parks and forests. Those are examples. There are many other types of federal property, including:

  • Military bases
  • National monuments
  • Historic grounds (for example, Rim Rock Drive here in Colorado)
  • Federal courthouses

A DUI on a road or in a parking lot at any of these locations or on any other property owned by the U.S. Government would likely be a federal DUI.

What kind of federal property you’re on makes a difference

The laws under which a person charged with a federal DUI is tried depend on the location where the alleged offense occurred. A person arrested for DUI in a national park is charged under the federal code. If they’re arrested on any other type of federal property, they’re charged according to the laws of the state where the arrest occurred.

Just as in every state, you can be charged with a federal DUI if you have a blood alcohol content (BAC) of .08 or above. Of course, there are times when you may not even need to test that high to face DUI charges. Further, those driving on federal property are subject to “implied consent” laws, which means they can face penalties for refusing any kind of chemical test, like a Breathalyzer-type test.

This is just a brief outline of when you might face a federal DUI charge. There’s a lot more to know if you’re facing one. It’s crucial to have experienced legal guidance to protect your rights.

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admin https://davidfoley.net <![CDATA[Sex Offender Registry: 3 Points to Know]]> https://davidfoley.net/?p=2891 2022-11-30T12:37:31Z 2022-11-29T00:00:19Z People who are facing sex-related charges should consider the penalties that come with a conviction. While many think about things like incarceration and fines, people often don’t consider the fact that some sex offenders have to register.

Being on the sex offender registry can lead to many challenges. It comes with many restrictions and requirements.

1. Registration requirements apply in all states

A person who’s required to register as a sex offender can’t move to a state outside of the one where they were convicted and think they don’t have to register. Once you’re required to register, you must do this regardless of where you live. Failing to register as required can lead to criminal penalties.

When you register as a sex offender, you have to provide identifying information, employment information, DNA, finger and palm prints and residency information. Professional licenses and vehicle information are also required.

2. In-person check-ins are required

All individuals on the sex offender registry must check in as required. These are typically handled by the local police department. They’re a chance for authorities to verify your contact information, residence information and anything else they need to know.

3. Community notification is required

People who are on the sex offender registry have to notify the community of their status. Megan’s Law was enacted in 1996 to make this a requirement under the Wetterling Act. In some cases, notification means that the information is published on a website. In other cases, mailed notifications or signs are also required.

Sex-related criminal charges can profoundly impact your future, especially if you’re subjected to having to register. Understanding all these points is crucial to determining the direction of your defense strategy.

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admin https://davidfoley.net <![CDATA[Understand Your 2nd Amendment Rights]]> https://davidfoley.net/?p=2894 2022-11-30T12:41:04Z 2022-11-28T09:40:04Z Most people know that the Constitution of the United States provides them with specific rights. The first 10 Amendments of this document are known as the Bill of Rights. The Second Amendment covers the right to bear arms, but many people don’t realize exactly what this means.

When it was first enacted, the goal of the amendment was to ensure that individuals in this country could help to protect the country. There wasn’t a huge organized army then, so this made sense. As time progressed, the amendment became synonymous with having weapons for self-defense.

The issue of Second Amendment rights has gone before the United States Supreme Court. These cases have generally strengthened the meaning and have made it more difficult for legislators to regulate guns.

One interesting point to know is that there are some limitations of this amendment. For example, it’s been upheld that people who have certain criminal convictions can’t own firearms. As laws evolve, some states, counties, and municipalities have enacted their own laws or resolutions to combat the government’s ever-increasing grasp on gun control.

What is a sanctuary city or county pertaining to gun laws?

A sanctuary city or county pertaining to gun laws means that resolutions in those areas declare they support the Second Amendment. They’re resistant to any laws that go against the Second Amendment, but this doesn’t automatically do away with the possibility of prosecution. There are several of these in Colorado and the exact resolution terms vary depending on the location.

Anyone who’s accused of a weapons charge should learn about the options they have for a defense strategy. Discussing the matter with someone who has experience with these cases is important because they can help you determine how to proceed.

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admin https://davidfoley.net <![CDATA[How Fast Does Your BAC Actually Drop?]]> https://davidfoley.net/?p=1479 2022-11-28T18:53:54Z 2022-11-25T15:34:00Z Your blood alcohol concentration, or BAC, is simply a measure of the amount of alcohol in your system at any given time. This can be discovered through various means, but many police departments will simply use a Breathalyzer or a portable breath test.

The legal limit for drivers in the United States, unless they are underage or commercial drivers, is a BAC of 0.08%. So, if you’re looking to avoid getting arrested for drunk driving, you likely want to know exactly how fast your BAC will drop when you stop drinking. This can give you some indication of when it’s safe to get back in the car.

A slow decline

It is important to consider this, because the reality is that your BAC is only going to drop by about 0.015 per hour. This is a very slow decline. That means it often takes much longer than people expect for their BAC to get back below the legal limit or all the way back to zero.

For instance, if a man weighed 180 pounds and consumed five drinks, estimates show that it would take 6 1/2 hours for his BAC to drop back to zero. If that man had 10 drinks, it would take him 11 hours.

There are different factors that influence how high BAC gets, including weight and gender, which is why they are noted above. But the average person is still going to metabolize alcohol at the same speed, and so their BAC is likely going to drop at the same rate, even if it rose faster while they were drinking.

As you can also see, these time frames are very long. If someone is out drinking and they decide to take an hour to have a glass of water or a cup of coffee, that can certainly make them more sober than they were before. But it also may not mean that they are down below the legal limit and it is safe for them to drive. They could still have hours before they reach that point, even though they think they have done enough to avoid a DUI.

Have you been arrested?

If you are now facing charges for driving under the influence, it’s important to understand exactly what legal steps you can take. This can have a big impact on your future, it can be expensive and you need to know what to do moving forward.

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admin https://davidfoley.net <![CDATA[Holiday DUI Patrols are in Effect in Colorado]]> https://davidfoley.net/?p=1482 2022-11-30T12:31:40Z 2022-11-17T18:21:10Z The holiday season is associated with having fun and attending gatherings with friends and family members. Many of these will have alcohol, so it’s imperative that anyone who plans on drinking has a safe way to get home.

Law enforcement officials, including the Colorado State Patrol, are increasing their efforts to keep drunk drivers off the road. The first round of holiday DUI enforcement has already started and will continue through the end of November. Two more rounds are expected to occur closer to Christmas and New Year’s Day.

Increased traffic stops and sobriety checkpoints

The increased efforts mean that officers will be watching closely for signs that a driver is impaired. This includes actions like stopping suddenly without cause and swerving between lanes. Officers are likely to conduct traffic stops if they see anything that meets the standard of reasonable suspicion.

There will also be more sobriety checkpoints set up as a result of the increased efforts. These can involve officers stopping every vehicle that tries to come through the checkpoint, but some won’t stop every vehicle. Sobriety checkpoints are legal as long as there’s a formula in place for stopping motorists. That formula can be something, such as stopping every fifth car, but can’t rely on factors like race or gender to determine which vehicles to stop.

If you end up with a DUI charge this holiday season, make sure you review your options for a defense immediately. Taking the time to explore these early may help you to determine how to proceed. Remember that you have rights, so having someone on your side who’s familiar with the applicable laws in Colorado is important.

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admin https://davidfoley.net <![CDATA[Can Holiday Planning Lead To Car Wrecks?]]> https://davidfoley.net/?p=982 2022-11-28T18:01:08Z 2022-11-17T18:10:45Z The holiday season is here. Everyone is getting involved in the hustle and bustle that comes along with the season. Planning holiday gatherings and thinking about gift lists becomes a priority for many people. Some may not realize that all this planning could lead to car crashes.

Drivers must have their minds on driving safely. When they’re thinking of something else, it’s known as a cognitive distraction. Getting lost in thought for any reason can make it more difficult to operate a motor vehicle appropriately.

How else might holiday planning lead to crashes?

Some people taking care of holiday plans might not limit themselves to only thinking about them. They may try to write out lists or send messages about their plans while driving. These are also distractions because they can take the person’s eyes off the road, which is a visual distraction, and their hands off the steering wheel, which is a manual distraction.

Ultimately, holiday planning is best handled when you aren’t driving. Even for someone who’s good at multitasking, trying to do this while driving can be fatal. Nine lives are claimed daily in this country due to distracted driving, and each of those deaths could have been prevented if the drivers involved had focused solely on driving.

Anyone injured in a car wreck should ensure they receive medical attention for any injuries. They may opt to claim compensation for the damages related to the crash. This can include medical expenses and missed wages, among others. Laws in Colorado set time limits for filing personal injury claims. Working with someone familiar with these matters can help ensure you get things handled properly.

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admin https://davidfoley.net <![CDATA[Watch for hidden injuries after a car collision ]]> https://davidfoley.net/?p=364 2022-11-29T06:36:55Z 2022-11-14T10:20:23Z Two (or more) cars colliding at high speeds is only likely to end with some kind of bodily injury – even if people were wearing their seatbelts and were, seemingly, protected by their airbags.

While people may walk away from a collision unharmed, they may be suffering from hidden injuries. Despite what many people want to think, their body is highly susceptible to injuries, especially in a vehicle accident.

There are many kinds of hidden injuries and signs that indicate someone is suffering from a medical condition. You may need to watch for symptoms that you’re suffering from hidden injuries after a car collision, like these:

Traumatic brain injuries

Suffering from a blow to the head, like from an airbag or the back of a car seat, could cause major medical injuries. Some common injuries include concussions and whiplash but may even include fatal injuries like internal bleeding. You may notice signs that you’re experiencing traumatic brain injuries if you suddenly feel lightheaded, suffer from constant headaches or your memory is failing you.

Spinal injuries

After a car accident, you’ll likely feel sore and stiff and find you’re bruised in several places. However, if you’re struggling to sit or stand and feel a sharp pain in your back, then you may be experiencing spinal injuries.

A spinal fracture could result in paraplegia, where victims suffer from a loss of muscle control and feeling – and symptoms aren’t always immediate. Or, victims may be suffering from extreme pain because of a herniated disk.

One bad accident could change your entire life, causing you to need serious medical treatment and lifelong surgeries without knowing your legal options.

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admin https://davidfoley.net <![CDATA[3 Things To Know About Carrying A Knife In Colorado]]> https://davidfoley.net/?p=324 2022-11-24T09:36:59Z 2022-11-10T10:51:07Z Many people carry a knife without any consideration of whether it’s legal to do so or not. Many people don’t realize that carrying some types of knives can lead to criminal charges in Colorado.

Understanding the laws surrounding knives can help you to ensure you’re complying with applicable laws. Remember, violations of Colorado’s knife laws can lead to felony or misdemeanor criminal charges, depending on the circumstances.

#1: Blade length matters for all knives

Colorado is an open-carry state for knives. If you’re going to conceal a knife, it needs to have a blade of less than 3.5 inches in length. Even if the blade of a knife is less than 3.5 inches, you still can’t carry the knife on school property because you’ll have a felony charge if you’re caught.

#2: Switchblades are only illegal in some circumstances

Ballistic knives are illegal to have throughout Colorado, but switchblades are legal in most areas. Certain cities have banned switchblades so be sure you find out this information if you’re planning on having a switchblade on your person.

#3: Exceptions are present for hunting and fishing knives

There are exceptions for knives that are for hunting and fishing. Statute 18-12-101 C.R.S. has specific exceptions in the definition of a knife for hunting or fishing knives, as well as those that are carried for sports use.

If you’re facing criminal charges for carrying a knife, be sure to explore your defense options. Taking the time to think about each one and how it can impact your future is crucial. Working with someone who has knowledge of these situations can help you.

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