Posted On: November 12, 2010

Colorado Requires Ignition Interlock Devices for DUI or DWAI Convictions

A DUI conviction in Colorado comes with heavy penalties for drivers; among these is the suspension of your drivers’ license. In some cases, you may receive a restricted drivers’ license after a DUI/DWAI conviction, but only if you accept the requirement of having an ignition interlock device installed on your vehicle.

A Colorado ignition interlock device requires a breath test from the driver each time he or she uses the car. If the device detects alcohol on the drivers’ breath, it will not allow the car to start.

Colorado law requires drivers convicted of drunk driving to have an ignition interlock device installed in their vehicles in the following circumstances:

  • First offense (DUI or DWAI): Eight months with an ignition interlock device after serving 30 days and being approved for early reinstatement, starting in 2009.
  • First offense with a blood alcohol content (BAC) of 0.17 or greater: Two years with an ignition interlock device, starting in 2007.
  • Second or Third DWAI: Two years with an ignition interlock device.
  • Second DUI in Five Years or Third DUI: Two years with an ignition interlock device.
  • Habitual Offender: Four years with an ignition interlock device, after serving one year and being approved for early reinstatement, after July 2000.

If you are convicted of drunk driving in Colorado and you refused to take a breath test when you were stopped, you may also be required to use an ignition interlock device if you refused on your second, third, or later conviction.

Losing your license or driving on a restricted license is a serious consequence of a Colorado drunk driving conviction. To challenge a Colorado DUI or DWAI charge, you need aggressive representation backed up with courtroom experience. The Bussey Law Firm, P.C. has the legal resources and practical experience needed to fight for the best possible outcome in your Colorado DUI/DWAI case. Call The Bussey Law Firm today at 719-475-2555 for a free and confidential case evaluation.

Posted On: November 11, 2010

NHTSA Offers Ways to Prevent Underage Drinking

The National Highway Traffic Safety Administration (NHTSA) has released several guides for state and local law enforcement officials seeking to find ways to curb underage drinking. The guides include a list of programs that states like Colorado have found successful in preventing underage driving under the influence (DUI) or driving while intoxicated (DWI).

For example, making regular compliance checks on places that sell alcohol has helped cut down on minors buying alcohol illegally. Although the rules that govern compliance checks vary by state, in most cases, an undercover law enforcement agent will pose as a minor trying to buy alcohol to check that the place selling the alcohol doesn’t sell to people under age 21.

A similar program is the Cops in Shops program. Originally designed by Delaware police, the Cops in Shops program posts undercover police officers in stores that are suspected of selling alcohol to minors. The officers then arrest or ticket minors who try to buy alcohol, as well as adults who are buying alcohol for minors. According to NHTSA, the risk of arrest for attempting to buy alcohol is one many people are not willing to take.

Compliance checks and Cops in Shops are two ways people trying to purchase alcohol may find themselves surprised by police officers. If you or someone you love has been arrested for or charged with DUI, DWI, or another alcohol-related offense, you need an experienced Colorado Springs criminal defense lawyer on your side. The legal team at The Bussey Law Firm, P.C. has the resources and experience to fight for the best possible outcome in your case. To see if The Bussey Law Firm, P.C. can help you, call 719-475-2555 today for a free and confidential case evaluation.

Posted On: November 11, 2010

Real Estate Developer Accused of Hiring Hit Man

A Chicago real estate developer is due in federal court soon after being charged with hiring a hit man to kill a Florida resident, according to the Associated Press via The Denver Post.

The real estate developer is accused of paying an undercover agent $2,000 to kill a man who won a large lawsuit against the developer, winning $2.5 million that the developer was required to pay. The developer believed that the undercover agent was a professional hit man.

The real estate developer now faces a detention hearing in federal court. At a detention hearing, a magistrate judge decides whether a person charged with a crime can be released from custody, or if they must remain in jail until trial. Usually a magistrate judge will look for any combination of bail and other requirements that will ensure the accused person will appear for their trial date as well as not harm themselves or anyone else.

Although many detention hearings end with the accused person going back to jail, hiring an experienced Colorado criminal defense lawyer for your detention hearing may be a wise choice. A skilled attorney can cross-examine the government’s witnesses to look for holes in their case against you while helping to convince the magistrate judge that you can be allowed to go home and that you will return to court.

At The Bussey Law Firm, P.C., our Colorado criminal defense attorneys have handled hundreds of criminal law cases, including serious charges of homicide and conspiracy. If you have been charged with a crime in Colorado, please call 719-475-2555 today for a free and confidential consultation.

Posted On: November 10, 2010

DUI Defenses in Colorado

When the arresting officer takes a driver accused of driving while ability impaired into custody, it may be easy for an individual to feel like there is no choice but to admit guilt. What may not cross his or her mind is the fact that even if they did poorly on their field sobriety tests, there is still an opportunity to present a strong defense in a court of law. A skilled attorney in Colorado will be able to educate you about your rights and what kind of DUI defenses in Colorado may fit your particular situation.

Some valid defense questions may include:

  • Were all Standardized Field Sobriety Tests (SFSTs) performed up to federal regulations? These kinds of tests can be subjective and may be made based on an officer’s opinion rather than concrete evidence of a DUI.
  • Does the accused offender have a medical condition that may have caused him to drive in an unusual manner?
  • If a chemical test was given, was all the equipment up to par and working properly?
  • Was there a legal reason for the officer to pull the accused driver over? If no reasonable cause can be found, charges may be dismissed.

A DUI conviction comes with heavy penalties that can affect your entire future. A guilty plea before properly assessing all of your options with a Colorado Springs drunk driving attorney would be a mistake that could cost you. The DUI attorneys at The Bussey Law Firm, P.C. have the tenacity, knowledge and skill to build you a strong defense against a drunk driving charge. If you or a loved one is facing a Colorado DUI, please contact us at (719) 475-2555 to learn more about your legal rights and how we can help protect them.

Posted On: November 9, 2010

Electronic Fraud a Big Concern for Companies Worldwide

Companies worldwide lost millions of dollars of stolen electronic data last year, according to an article recently released by Reuters. For the first time, the amount lost through stolen electronic data was higher than the amount lost through theft of physical objects.

Most of the electronic fraud was “inside jobs” where company employees stole from the companies they worked for, according to Kroll, Inc., the risk consulting firm that ran the study. Fraud was highest in Chinese corporations, with companies in Colombia and Brazil not far behind. Of the electronic data stolen, cash and company assets were the most popular targets.

Experts believe that the record numbers are high in part because companies have become better at detecting electronic fraud. Since reports of electronic fraud can ruin a company’s reputation, employers are becoming more serious about detecting fraud and punishing those responsible for it, including pursuing criminal charges. Being accused of electronic fraud may cause you to lose your job or to be seen as suspicious or questionable by future employers. A conviction of fraud often carries serious consequences, including prison time and a criminal record.

If you or someone you love is facing criminal charges of fraud, embezzlement, or theft, please contact an experienced Colorado Springs criminal defense lawyer. At The Bussey Law Firm, P.C., our Colorado white collar crime attorneys have experience in a wide range of criminal law cases. We will examine your case carefully and fight hard to win you the best possible outcome. Call The Bussey Law Firm, P.C. today at 719-475-2555 for a free and confidential case evaluation.

Posted On: November 8, 2010

Out of State Drivers and Colorado DUI

Colorado is a destination spot for many out of state tourists. With its lush landscape, rich history and bustling metropolitan regions, it’s no wonder why many people find the state so appealing. However, with so many out of state drivers venturing in and out of Colorado on any given day, the risk of out of state drivers and a Colorado DUI citation is ever present. A lot of out of state drivers think that because they don’t make their home in Colorado, nothing will happen to them if they choose to drink and drive. That assumption could not be further from the truth.

Not only do out of state drivers face penalties in Colorado, but they will also face a license suspension in their home state. In a lot of cases, driving privileges in their home state will not be restored until they have completed their obligations in Colorado. Depending on if the offending driver has prior DUI convictions, he or she may have their driving privileges suspended indefinitely in Colorado, even if they never plan on driving here again. In fact, in addition to penalties from both the home state and Colorado, the offender will be required to appear at all court proceedings or hire an attorney to appear in their place.

If you or someone you love has been charged with a DUI in Colorado and you are not a resident of the state, contacting a Colorado DUI attorney would be a smart move. The lawyers at The Bussey Law Firm, P.C. understand that a DUI charge can leave you scared, anxious and overwhelmed. Our attorneys have handled a large number of Colorado DUI cases and will aggressively fight to protect you and your legal rights. To learn more about The Bussey Law Firm, P.C. and how we can help you, please call (719) 475-2555.

Posted On: November 5, 2010

NHTSA Offers Ways to Prevent Underage Drinking

The National Highway Traffic Safety Administration (NHTSA) has released several guides for state and local law enforcement officials seeking to find ways to curb underage drinking. The guides include a list of programs that states like Colorado have found successful in preventing underage driving under the influence (DUI) or driving while intoxicated (DWI).

For example, making regular compliance checks on places that sell alcohol has helped cut down on minors buying alcohol illegally. Although the rules that govern compliance checks vary by state, in most cases, an undercover law enforcement agent will pose as a minor trying to buy alcohol to check that the place selling the alcohol doesn’t sell to people under age 21.

A similar program is the Cops in Shops program. Originally designed by Delaware police, the Cops in Shops program posts undercover police officers in stores that are suspected of selling alcohol to minors. The officers then arrest or ticket minors who try to buy alcohol, as well as adults who are buying alcohol for minors. According to NHTSA, the risk of arrest for attempting to buy alcohol is one many people are not willing to take.

Compliance checks and Cops in Shops are two ways people trying to purchase alcohol may find themselves surprised by police officers. If you or someone you love has been arrested for or charged with DUI, DWI, or another alcohol-related offense, you need an experienced Colorado Springs criminal defense lawyer on your side. The legal team at The Bussey Law Firm, P.C. has the resources and experience to fight for the best possible outcome in your case. To see if The Bussey Law Firm, P.C. can help you, call 719-475-2555 today for a free and confidential case evaluation.

Posted On: November 4, 2010

Colorado Towns Handle Medical Marijuana Individually

Since Colorado legalized medical marijuana, the state’s mountain towns have each sought to regulate dispensaries in their own ways, according to a recent article in The Colorado Springs Gazette. The variety of ordinances has created a patchwork of medical marijuana rules across the state, affecting how marijuana-related activity may be considered a crime.

For instance, the town of Steamboat Springs allows only three medical marijuana centers to operate in the city, and they must follow city regulations. Recent acts by the state legislature may force Steamboat Springs to amend its ordinance, allowing more than three medical marijuana centers. The town of Hayden, however, has banned them entirely, fearing they would cause an increase in crime. Vail also banned medical marijuana centers after deciding they created the wrong image for the city.

The patchwork of medical marijuana ordinances across the state can make it difficult to know what types of marijuana use, possession or sale constitute a Colorado drug crime. Although state law permits the use of medical marijuana, it can be easy to transgress city ordinances without realizing it, putting you at risk of a ticket or other legal trouble.

If you or someone you love has been accused of or charged with a drug-related crime, you need the valuable experience of a skilled Colorado Springs criminal defense lawyer. The attorneys at The Bussey Law Firm, P.C. have handled a wide range of Colorado drug cases and will fight to protect your legal rights and seek the best possible outcome in your case. For a free and confidential consultation, call The Bussey Law Firm, P.C. today at 719-475-2555.

Posted On: November 3, 2010

Pull Over! You’ve Been Stopped for DUI

It can be a scary feeling when you see those red and blue flashing lights in your rearview mirror. However, you must stay calm and pull over to the side of the road safely when you've been stopped for DUI. Be courteous to the officer when he asks for your license and registration. If the officer suspects you of driving while intoxicated, he may ask you to perform one or more Standardized Field Sobriety Tests (SFSTs). It may be in your best interest to refuse the roadside tests. These tests vary from following a pen light with your eyes to reciting the alphabet and standing on one leg.

The officer may ask you to submit to a chemical test which requires a breath, blood or urine sample in order to determine your blood alcohol level (BAC). In the state of Colorado, a BAC of .05% is the legal limit for a DWAI (driving while abilities impaired) and the legal limit for a DUI is .08%. You do not have to submit to a chemical test. However, if you refuse a chemical test, you may lose your driver’s license for a year.

Both DUI and DWAI violations carry penalties that are best avoided by refraining from driving if you have been drinking. If you or someone you love has been charged with driving under the influence of alcohol or drugs, retaining the services of an experienced Colorado Springs drunk driving lawyer can help you out considerably. The attorneys at The Bussey Law Firm, P.C. have years of experience helping those who have been charged with DUI and DWAI violations in Colorado. Depending on the circumstances of your arrest, our attorneys may be able to get your charges lessened or dismissed. For more information, please call us at (719) 475-2555.

Posted On: November 2, 2010

Colorado Prosecutors Spend Columbus Day in Police Training

This past Columbus Day, 22 Colorado prosecutors spent their day off at a training session with the Colorado Police Academy, according to The Colorado Springs Gazette. The training is part of the requirements all Colorado deputy district attorneys must complete in order to handle complex criminal cases.

The day’s events included practice in deciding when to shoot or not to shoot in a tight situation. The prosecutors used a computer simulation that Colorado police officers also use. The training is designed to help police officers remain calm and make the best possible decision in a dangerous situation where split-second timing matters. The training is designed for prosecutors to better understand cases in which a police officer's decision to shoot or not to shoot becomes a serious issue in a criminal case. The 22 deputy district attorneys who took the training agreed that it helped them better understand the pressure police officers face while on the job.

When a police officer is chasing someone they suspect of a crime, or when a police officer feels threatened, they may overreact and use violence in a situation where it is not necessary. Although police training can help officers avoid bad decisions, when police officers do overreact, the incident can have serious consequences for the suspect. It can also affect the outcome of the case.

If you or a loved one has been charged with a marijuana possession crime in Colorado, an experienced Colorado Springs drug possession lawyer can help. Attorney Timothy Bussey has handled Colorado criminal defense cases for years, and he knows what to look for in a case where the police may have overreacted. He will examine your case carefully and fight hard to win you the best possible outcome. Call Timothy Bussey today at 719-475-2555 for a free and confidential consultation.

Posted On: November 1, 2010

DWI and Your Career

Many drivers forget that the decisions they make in their personal lives can have profound effects on their careers. A DUI conviction in Colorado stays on a person’s record for life and many professional licensing boards require you to report DUIs and other convictions in order to keep practicing. People who work in professions such as commercial truck driving, maritime, dentistry, registered nursing, piloting and others risk the suspension or revocation of not only their driver’s license, but their professional license as well.

While many drivers think that a “couple of beers” aren’t cause enough to jeopardize their livelihood, Colorado law and professional licensing boards say otherwise. In addition to possible revocation of your professional license, court appearances, possible jail sentences and community service hours may keep you from going to work, which may cause you to lose your job. DUI convictions come with steep fines and if the accused cannot get to work, he or she cannot make the money needed to pay those fines. So as you can see, understanding the relationship between a Colorado DWI and your career is of the utmost importance.

All in all, the best decision you can make to avoid jeopardizing your job, safety and the safety of others is to remain sober if you plan to drive. Should you find yourself facing a DWI, DUI or DWAI in Colorado, it would be in your best interest to seek the legal guidance of a reputable Colorado DWI attorney like those at The Bussey Law Firm, P.C. Our attorneys have years of experience handling a variety of DUI cases and will help you understand your rights and make the best decision for you and your situation. Call us today at (719) 475-2555 to learn how we can help you.