DUI Criminal Defense Blog Colorado - The Best Defense is a Good Offense

Colorado Springs criminal defense and DUI attorney James Newby provides this blog to help you get informed if you are facing criminal charges in Colorado.

One of the hardest parts of the criminal justice system is the unknown and the stress associated with it. My job is to reduce that stress for you.

My client probably searched the internet for a DUI defense attorney in Colorado Springs or Colorado Springs DUI lawyer before he found me. We met shortly after the crash that nearly took his life. He said he found me on the internet. In looking at him, one would think that he was beaten nearly to death. His face was black and blue. His body was injured. He walked with a limp.

 

My client was traveling home around dusk. The sun was low, about to sink below the mountains, yet still at eye level. As he drove west, the sun momentarily blinded him.

Unfortunately, at that very moment, he approached a large flatbed trailer, which was parked improperly, jutting out significantly into the road. Without any warning to my client and due to the blinding sun, he crashed into the trailer with the corner of his vehicle.

Sunday, 31 May 2015

Colorado Felony DUI Bill

The legal landscape in Colorado is about to change as it relates to DUI’s. The legislature passed what is known as the Colorado felony DUI bill and it awaits the governor’s signature to become law. As a Colorado Springs DUI lawyer, it is important to warn the citizens of Colorado Springs that the penalties for multiple DUI’s is about to become much more severe.

As a DUI defense attorney in Colorado Springs, I get a variety of evidence in the DUI cases I defend. Some cases have almost no evidence against my client at all. For example, when my clients refuse to take voluntary roadside maneuvers and a blood or breath test, the only evidence are any observations of the officer regarding intoxication. Other cases, my client confesses to drink outrageous amounts of alcohol, wrecks his vehicle, falls over several times during the roadside tests, and completes a blood test with a dangerously high amount of alcohol in his system.

The 5th amendment of the Bill of Rights states that a person shall not be “compelled in any case to be a witness against himself…” The founding fathers felt that it was very important to give those accused of crimes the right to be quiet. A person cannot be compelled to give verbal evidence against oneself. The issue gets complicated as indicated by the large amount of litigation surrounding the issue, but one thing is certain. You have the right to remain silent and a clear invoking of that right will ensure that your silence is not used against you.

Getting the Best Outcome in Your Criminal Defense Case Requires an Experienced Attorney

One of the best aspects to being a criminal defense attorney in Colorado Springs is helping people. The American Justice system remains the best system in the world. If I was accused of violating a law, there is no other country in the world where I would rather face those accusations. It is a system that has many positive aspects and few negative ones. With that being said, as a criminal defense attorney I see a different prospective than most other people who have been involved in the legal system.

Thursday, 09 April 2015

Colorado Marijuana DUI

Colorado Marijuana DUI

Colorado is one of the first states to legalized marijuana, leading to a variety of issues related to driving under the influence (DUI). As a DUI defense lawyer in Colorado Springs, I am seeing more people charged and prosecuted for marijuana DUI’s. The purpose of this article is to explain some of the basic information related to smoking or ingesting marijuana and then driving a motor vehicle.

Recently, a client came to my office after receiving a ticket for reckless driving in Colorado Springs. Reckless Driving in Colorado is an eight point offense and carries up to ninety days jail. My client was upset because he spoke to the District Attorney’s Office and received an offer to plead guilty to Reckless Driving with probation and community service. There was no hint of being willing to offer a fine or reduce the points to something more manageable – just plead to the charge and be on probation. Naturally, my client did not like the idea of having his insurance rates go up due to the reckless driving charge, having the stigma and inconvenience of being on probation, and the expense and time loss of doing community service. It was especially upsetting to my client because from his perspective he was innocent of any crime. He was not about to plead guilty to something he did not do. As a good criminal defense attorney should do, I decided to look into the charges in greater detail.

My client was accused of driving under the influence (DUI). As a result of some choices when he was younger, the District Attorney was trying to punish him severely. He sought out my help and I got to work on his case.

Monday, 02 March 2015

Criminal Mischief

As a criminal defense lawyer in Colorado Springs and Teller County, I often represent people charged with Criminal Mischief. This charge can mainly be described as destruction of someone else’s property. Colorado Revised Statute 18-4-501 defines the crime as follows.

As part of any sentence for a crime in Colorado, the Court is to consider several factors and purposes in determining the appropriate sentence. Colorado Revised Statute 18-1-102.5 states as follows.

If you are arrested for a DUI in Colorado Springs, there is a high likelihood that your ability to legally drive in the State of Colorado may be in jeopardy. When you are pulled over and suspected of being over the legal limit, law enforcement will ask you to complete what they term “voluntary roadside maneuvers”. If the law enforcement officer decides that you did not satisfactorily complete the tests then they will arrest you for driving under the influence.

In Colorado, when you are arrested for DUI, you are presumed to have given your consent to have a chemical test or your blood or breath taken, if law enforcement has probable cause to believe you are under the influence of alcohol or drugs.  In other words, if you refuse to take the test you will lose your license for a period of one year. If you take the test and your blood alcohol level is over the legal limit then you also will lose your license for a period of time. That period is based on the number of priors and in what period of time you had prior DUI’s. If you take a breath test, the result is immediate so you will know if you are over the legal limit at the point of taking the test. If you complete a blood test, the results will not be known for approximately one – two months.  Regardless of whether the test is breath or blood, a person has seven days from the notice of revocation to request a hearing at the Colorado DMV. If a hearing is not requested in that time frame then the person is deemed to have waived that right. A hearing is an opportunity to confront the officer who issued the citation and question him under oath regarding his findings. In the event that the officer does not appear at the hearing, then the person automatically wins the hearing and their license will not be suspended at that time. Depending on the circumstances, it may be suspended at a later time if a conviction enters through the court system. Without legal assistance, it is unlikely that you will prevail at a DMV hearing for DUI due to the complex nature of DUI’s and DWAI’s. Don’t do this alone. Get competent help from someone who knows the DMV system and can walk you through it. If you are charged with a DUI, the DMV is an important part of the system and an important time to have a Colorado Springs DUI Attorney involved. The DMV hearing is an opportunity for your attorney to cross-examine the officer under oath, potentially finding a weakness in the case which may help you prevail at trial. Believe it or not, DMV hearings can be won. If you are facing revocation for a DUI or DWAI please contact a Colorado Springs DUI attorney now. Call James Newby for a free consultation.

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When we hear the words domestic violence, we all think of the horrible acts of violence committed against both men and women by their significant others.

The purpose of this article is not to justify such horrible acts, but rather to talk about things which people do, which are not acts of violence, yet still, get lumped in with the phrase “domestic violence”.

A woman came into my office distraught at criminal charges which were filed against her by a local law enforcement agency. She was accused of third degree assault, a very serious crime, which carries up to eighteen months in jail and a fine of up to five thousand dollars.

The charge was based on an unsubstantiated allegation made by a co-worker that Sarah had hit him. Seems like a simple case, right?

If you find yourself charged with a DUI or other crime, now what do you do? Often when I talk to potential clients, one of the questions they often ask is whether they need a lawyer. The answer may seem self-serving, but yes I think every person charged with a crime, with the exception of minor speeding tickets, should have a top notch Colorado Springs Criminal Defense attorney or DUI Defense attorney. The reason for this answer is because of the way our legal system operates in Colorado.

It’s that time of year again – Super Bowl time! It’s a time when people gather with family and friends to enjoy the world championship of football. You will probably enjoy lot of food (and calories), good times, and for many people, alcohol. More people will drink alcohol while watching the Super Bowl than at almost any other time of the year.Depending on your perspective, that isn’t a problem until the game is over, the party dies down, and everyone starts heading home. That’s when law enforcement officers are out in force to catch drunk drivers and potentially charge you with a DUI. If you get caught in that situation you will need a DUI defense attorney in Colorado Springs who knows how to help you.

Tuesday, 23 December 2014

Lawyer Advocate

If you are reading this page, you or someone close to you has most likely been charged with a crime or violation of the law. If you are looking for a Colorado Springs Criminal Defense Lawyer, you most likely want someone who knows the law and the procedure of the Court and the criminal justice system. In addition to knowing the Court system, you want a lawyeradvocate.

As a Colorado Springs DUI Lawyer, people often ask me how much is too much to drink and then drive. People seem to want to know how close they can get to the line without crossing over. This attitude may lead some to walk dangerously close to the edge of the cliff and perhaps some may even call over the edge. This time of year is a time of rejoicing and love. No one wants to spend it in regret and sorrow for poor choices. During the holidays, people spend time with family, friends, and co-workers celebrating the joy of the Christmas season. Often in celebrating, people attend parties where they consume alcohol, at times to excess. Unfortunately, some people who consume too much alcohol also choose to drive home, putting themselves and the public at risk.

In Colorado, it is illegal for anyone under the age of twenty-one to possess or consume alcohol or marijuana. If you are charged with being a minor in possession or underage drinking, please contact a Colorado Springs Criminal defense lawyer, who knows the system and can walk you through the process. A conviction for underage drinking may follow you forever. It can affect your ability to get into school or find employment later in life.

Colorado Springs Criminal Defense Attorney James NewbyCall us (719) 247-2700

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James Newby Law
128 S Tejon St #402
Colorado Springs, CO 80903
Office Hours: M-F 8:30am - 5:00pm
Appointments available 24/7