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Drugged driving can be the basis for a DUI in Colorado

Marijuana may be legal for recreational purposes in Colorado, but just like alcohol, it could affect a person's ability to operate a motor vehicle safely. Therefore, police in Colorado will be on the lookout for drugged drivers, just as they are for drunk drivers. This means they could arrest a person for driving under the influence not only of alcohol, but also of drugs.

In Colorado, if a motorist has five nanograms of active tetrahydrocannabinol in their bloodstream while driving, then they could be charged with DUI. This is true even if the motorist has consumed marijuana for medicinal purposes. If a motorist is charged with DUI and ultimately convicted, they could face fines, incarceration, and the loss their driver's license.

How can parents in Colorado enforce child support orders?

In a perfect world, if a parent is ordered to pay child support, all payments will be made in full and on time. Unfortunately, we do not live in a perfect world, and some parents in Colorado fail to meet their child support obligations. When this happens, the spouse receiving child support has options for obtaining the amount of support they are owed.

One way to ensure you receive your child support payments in full and on time is to have them taken directly out of the paying parent's paycheck. Known as "income assignment," employers will take the child support funds owed out of the paying parent's wages. These payments will then be sent either directly to you or will be sent to you via the Family Support Registry.

What are some warning signs of domestic violence?

When a spouse in Colorado commits an act of domestic violence against his or her partner, it can do more than just physically injure that person. It can make the victim fearful, it can stop the victim from doing what they want, and it can force a victim into doing something that they do not want to do. Therefore, it can help to recognize when domestic violence is taking place, so that victims of abuse can seek the help they need.

When a person commits an act of domestic abuse, they may tell their partner that he or she can never do anything right and may insult, demean or shame their partner. The abuser may be jealous and prevent their partner from spending time with loved ones. This could extend to the abuser exerting control over where their partner goes or what their partner does. An abuse may not let their partner have any control over how money is spent and may even refuse to let their partner buy what he or she needs. An abuser can commit acts that make their partner fearful and may even use a weapon to intimidate their partner.

Drug paraphernalia charges in Colorado and probable cause

There are numerous types of drug crimes in Colorado. For example, possessing illegal drugs or possessing drug paraphernalia could lead to criminal charges. However, there are still rules police and prosecutors must follow with regards to drug charges if they hope to obtain a conviction.

While possessing drug paraphernalia in Colorado is illegal, police must still follow the rules of probable cause when it comes to a search and seizure. For example, if before conducting a search the police ask a person if they have a hypodermic needle or syringe that could injure the officer during a search and the answer is "yes" or if the accused volunteers this information, then the accused cannot be charged with possession of the needle or with drug possession for any miniscule amount of drugs remaining in the hypodermic needle or syringe.

New tax law may affect couples divorcing in 2019

One of the most acrimonious issues couples must address when they decide to end their marriage is spousal support (referred to as spousal maintenance in Colorado). In general, most people are not fond of the idea of having to pay a monthly sum to their ex-spouse. However, spousal maintenance is often crucial in helping the receiving spouse get back on their feet financially following a divorce. Therefore, any changes to spousal maintenance laws should be carefully considered when a couple is negotiating a divorce settlement.

Currently, under federal law those who receive spousal maintenance must pay income taxes on these payments, and those who pay spousal maintenance can deduct these payments from their income taxes. However, the federal Tax Cuts and Jobs Act, which becomes effective January 1, 2019, will make it so that those paying spousal maintenance will no longer be able to deduct these payments on their income taxes, and those receiving spousal maintenance will not have to pay income taxes on these payments. For these reasons, some couples going through a divorce may be in a hurry to finalize their divorce by the end of 2018, so they can be grandfathered into the current spousal maintenance tax laws, rather than the new spousal maintenance tax laws.

What is the difference between DUI and DWAI in Colorado?

Most people in Colorado are aware that if a person has a blood-alcohol concentration (BAC) over 0.08 percent, he or she could be charged with driving under the influence (DUI). However, this is not the only drunk driving charge recognized under Colorado law. Motorists could also be charged with driving while ability impaired (DWAI). It is important to understand the differences between these charges and when they will be applicable.

Per Colorado Statutes, a person can be charged with DUI if, after consuming alcohol or drugs, they are substantially incapable of exercising clear judgment, due care or the sufficient physical control needed to safely operate their motor vehicle. This includes those who have a BAC at or above the legal limit.

What to do with the family business in a divorce

Many married business owners in Colorado got their start as a young couple with little more than a great idea and an entrepreneurial spirit. They may have spent years or even decades cultivating their family business into a successful enterprise. However, sometimes the same thing can't be said for their marriage and married business owners will decide to divorce.

However, when it comes to the family business, property division can be tricky. Many times, most of the couple's business is their greatest asset, and oftentimes the resources simply aren't available for one spouse to buy out his or her soon-to-be ex.

A thoughtful, aggressive approach to drug charges

When a person in Colorado is being placed under arrest, they may feel uncertain about what they should say or do. They especially do not want to make a bad situation worse. What they should know is that they have the right to remain silent. The police and prosecutors in a case have their own agenda, and it is important to keep in mind that their goal is a conviction if appropriate. So, it is oftentimes beneficial for a person being placed under arrest to say nothing to police except for asking for legal representation.

An attorney will be able to analyze their client's case, to identify weak spots in the prosecution's claims and develop a solid defense strategy in their client's favor. For example, when it comes to drug charges, if police performed a search and seizure, this can be fought even if the police used drug-sniffing dogs in the process. In addition, police often take shortcuts when it comes to investigating an alleged crime, which could lead to outright mistakes. These mistakes should be challenged, so they do not lead to a wrongful conviction.

What factors will Colorado courts consider when awarding alimony?

Married spouses in Colorado do not always have the same financial resources. For example, one spouse may earn significantly more than the other, or one spouse may have exited the workforce altogether to take care of the family. While these arrangements can work when the couple is married, if the couple divorces this inequity in financial resources can become a problem.

For that reason, the spouse with fewer financial resources may seek spousal support (known as spousal maintenance in Colorado). The state of Colorado has statutory guidelines regarding how much to award in spousal maintenance for those whose marriages lasted between three to 20 years. However, in addition to these guidelines are certain factors the court may consider when issuing an order for spousal maintenance.

What are some possible penalties for speeding in Colorado?

Many motorists in Colorado have sped from time to time. Sometimes they are simply in a hurry, or they may not be aware of just how fast they are driving. When they are pulled over by police for speeding, some Coloradans may be under the impression that they will be issued a speeding ticket and then will be on their way. However, depending on how fast they were driving, this might not always be the case.

If a motorist travels 25 mph or more above the reasonable and prudent speed or over 75 mph, this is a Class 2 misdemeanor. The penalties for violating this law include a fine between $150 to $300, and/or a jail sentence of 10 to 90 days.

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Law Office of Lori Crystal, LLC

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