Colorado Springs Law Blog | The Foley Law Firm

Driver facing DUI allegations after almost hitting auditorium

On behalf of David Foley of The Foley Law Firm posted in Drunk Driving on Tuesday, July 17, 2018.

A driver was involved in an accident in downtown Colorado Springs, as his or her truck left the road and nearly smashed into the Colorado Springs City Auditorium. Police suspect that the driver may have possibly been engaging in road rage and been drunk behind the wheel.

Pictures from the scene show a black Nissan Frontier, a small pickup truck, sitting on the sidewalk. Behind it is a tree that has been completely flattened, along with what appears to be a parking meter that has been bent sideways. The truck also reportedly damaged a light pole.

When online communication becomes stalking

On behalf of David Foley of The Foley Law Firm posted in Domestic Violence on Friday, July 13, 2018.

The internet has really changed the way that people stay in touch with each other and communicate. This gives people a level of access to one another that they have never had before. In some cases, these online interactions can turn into stalking.

Do not underestimate the impact of doing this. Some people refer to it as mere "internet creeping," as if it is a harmless activity. While it can be, you could find yourself facing legal charges when lines are crossed.

Why do so many people drink and drive?

On behalf of David Foley of The Foley Law Firm posted in Drunk Driving on Wednesday, July 11, 2018.

Drinking and driving is a common phenomenon despite the fact that virtually everyone knows it is illegal and dangerous. People drink alcohol and get behind the wheel even when they know the risks. Astonishingly, more than four million adults in the United States admit to driving while drunk. This results in arrests and many deadly accidents. More than 10,000 people died in 2013 from drunk driving.

Drunk driving arrests and accidents happen all the time, so why do people still do it? Here are a few reasons why so many individuals risk getting a DUI conviction:

Understanding eligibility for benefits after a military divorce

On behalf of David Foley of The Foley Law Firm posted in Divorce on Wednesday, July 11, 2018.

If you are a member of the military or you are divorcing a member of the military who is contemplating divorce, you may have many questions. Many people involved in military divorces have similar concerns, and have questions about whether the nonmilitary spouse in the marriage can maintain access to military benefits once the marriage ends.

Ultimately, several factors come into play when determining your military benefit eligibility or those of your soon-to-be-former spouse.

Is it a crime to give someone drug paraphernalia?

On behalf of David Foley of The Foley Law Firm posted in Criminal Defense on Friday, July 6, 2018.

Imagine that two friends are celebrating a birthday. One friend lives in Colorado where recreational marijuana is legal. The other friend lives in Florida, where recreational weed is still against the law. Both friends enjoy smoking pot, but in the case of the Florida friend, he is breaking the law every time he smokes.

Nevertheless, the friend in Colorado wants to send him his favorite glass bong. Is it illegal to send the bong through the mail as a gift?

A domestic violence charge is not a conviction

On behalf of David Foley of The Foley Law Firm posted in Domestic Violence on Monday, July 2, 2018.

All too often, in the days of social media, we see people get accused of crimes and face serious ramifications without being convicted of any crime. It is very important to remember that domestic violence charges are not convictions. There is a stark difference between the two things.

An arrest just means that the police believe that a crime took place. However, experts note that some charges stem from accusations from "a vengeful former partner" or because of mistaken identity. These are just two reasons of many that could get you through the process without a conviction.

How your judge's race might affect your case

On behalf of David Foley of The Foley Law Firm posted in Criminal Defense on Friday, June 29, 2018.

These days, racial bias is on the minds of a lot of people -- including those involved in the court system. Even though judges are supposed to be neutral figures, the reality is that everyone is human. Biases can subconsciously affect the way that a person views almost any situation -- even when that person is trying to adhere to the same standards for everyone.

Recent studies suggest that judges are just as susceptible to the effects of racial bias as anyone else -- but the outcomes of that bias may not be what most people expect. If you're a criminal defendant hoping for leniency from the judge, you're more likely to receive it from a judge of a different race than your own.

Jail time is mandatory for Colorado's felony DUI offenders

On behalf of David Foley of The Foley Law Firm posted in Drunk Driving on Wednesday, June 27, 2018.

If a Colorado law enforcement official pulls you over and believes you were drinking before getting behind the wheel, you may face serious repercussions if convicted. While even first-time Colorado driving under the influence offenders face serious penalties, as you might expect, those penalties compound considerably if you have received prior DUI convictions within a certain period.

The penalties associated with receiving a felony DUI conviction in Colorado are particularly harsh, with anyone who receives four or more DUI convictions within a six-year period now considered a felony DUI offender. As of last year, anyone who meets these criteria must now serve at least some period of time behind bars, even if a judge places an offender on probation.

Understanding how aging affects BAC

On behalf of David Foley of The Foley Law Firm posted in Drunk Driving on Tuesday, June 26, 2018.

Alcohol affects everyone differently. Even if your blood alcohol concentration is below the legal limit of .08 percent, you may still face arrest for DUI if a police officer suspects you are under the influence. This can certainly happen to older individuals who can sometimes be more susceptible to intoxication than younger people.

Aging already affects a person's ability to drive. Muscle stiffness and poorer vision can increase a senior citizen's risk on the road. Drinking a glass of wine may not have affected this person's capacity to drive when he or she was younger, but now, it can have a significant impact even if the driver is still below the limit.

2 unusual drunk driving defenses

On behalf of David Foley of The Foley Law Firm posted in Drunk Driving on Friday, June 22, 2018.

No two drunk driving arrests are ever the same. Each will come with its own unique set of facts and circumstances. In some cases, the prosecution will present a strong case -- with irrefutable evidence -- that is virtually guaranteed to result in a conviction. In other cases, it's clear that the defendant has the upper hand and should aggressively defend against the charges all the way to trial if necessary.

Then there are the unusual cases that require a less-than-usual approach during the criminal defense process. Here are two examples of uncommon criminal defenses that could apply to select situations:

Colorado Springs Legal Issues Blog