Traffic Violation Implications
Some traffic offenses may not result in the same penalties as other, more serious negligent acts. Regardless, certain traffic violations may result in considerable fines, loss of driving privileges, and hikes in insurance rates. If violations are more serious or if a series of violations are committed by the same individual, he or she may face penalties as severe as imprisonment.
Do not take traffic charges lightly. If you are detained for a traffic violation in Virginia Beach, contact a traffic violation lawyer as soon as possible. An attorney can explain in detail the possible penalties you may face. He or she will investigate the accusation and defend your rights throughout the ensuing legal process.
Speed tickets are usually treated as misdemeanors. If you receive a speeding ticket, a lawyer can still help by finding any options for reducing the amount you owe, reducing or eliminating points assessed to your record, or, in some cases, getting the ticket dismissed altogether.
Traffic violations are tricky charges. What may appear to be a minor violation can turn into a much more serious charge if someone is hurt as a result. Hire a skilled traffic violation attorney and follow all advice provided in order to safeguard your legal rights.
Myths Surrounding DUI
Driving under the influence (DUI) myths can sometimes affect your judgment and lead to making the wrong decisions if the police pull you over. Knowing the difference between fact and fiction can help you make informed choices. Following are some common myths about Colorado and nationwide DUI laws.
If you are stopped for DUI, the police must read you your rights
The law enforcement officer is only required to read Miranda rights after you are in custodial arrest and even then only if they question or interrogate you. Consequently, during the pre-investigation stage where the officer is determining whether probable cause exists for arrest, you may be asked many questions—such as whether or not you were drinking, how much you had to drink, and so on. If you answer these questions, they will be used against you in a DUI case despite the fact you were not Mirandized.
Because cooperating with the police is advised, if the officer requests a sobriety test, you should submit to it
Police officers are trained (often very poorly) to administer standardized field sobriety tests and must administer them correctly to obtain valid results. Even then, because of the subjective nature of such tests, they are open to erroneous conclusions. Unlike breathalyzer and blood alcohol tests that penalize you for refusal, sobriety tests are voluntary and you have the right to refuse at no risk of penalty. Typically, attorneys tell you to refuse politely to take a sobriety test because officials often use them to establish probable cause for requesting a breathalyzer test or arrest.
Eating food has no relationship to blood alcohol content (BAC)
Eating before or while drinking alcohol slows the absorption rate of alcohol into the bloodstream, but all alcohol consumed does arrive in the bloodstream. Prior to administering a breathalyzer test, certified breath test operators are required to observe the suspect to ensure the person does not eat or drink anything for 20 minutes prior to taking the test. Ingesting food or fluids before testing causes mouth alcohol that can result in false test readings. Myths such as sucking on pennies, breath mints, and putting cotton in your mouth, may have emerged due to the mouth alcohol factor. However, the observation period exists to eliminate such fluke factors. A person’s BAC level is influenced by body weight, the amount of alcohol consumption, and the number of drinks consumed within a short period of time.
It is wise to let a Colorado DUI law firm help you sort out the facts from the DUI myths.
Underage DUI in Colorado
Underage drinking and driving (UDD) in Colorado is subject to different statutes than the DUI (driving under the influence) and DWAI (driving while ability impaired) statutes that apply to drivers who are over 21.
What is UDD?
UDD is defined as drinking and driving by a driver under the age of 21 whose blood alcohol content (BAC) is .02 to .05 at the time of driving or within two hours of driving.
Depending on your size, weight, and amount of food intake, your BAC tests differently. An estimated BAC level for someone who weighs 120 pounds, drinks a 12-ounce beer, and tests right away is .03 BAC.
An adult with a BAC of less than .05, who is not driving impaired, is still driving legally. The drinking threshold for an underage drinker (.02 to .05) is much lower than the adult drinking threshold of .05 or above. Also, underage drivers who test at .05 or higher are charged under the same statutes as adults.
Penalties for underage DUI in Colorado
Penalties for UDD are outlined in Colorado Revised Statute 42-4-1301 (2)(a.5)(1)
A first UDD offense is a Class A traffic infraction, subject to the following penalties:
- Class A traffic infraction penalties ($15 to $100 fine and no jail time)
- 24 hours of useful public service
- Submission and completion of an alcohol evaluation/assessment
- Completion of an alcohol education program or treatment program at the defendant's expense
A subsequent UDD offense is a class 2 traffic misdemeanor, which increases jail time and fines:
- Jail: 10 days to one year
- Fines: $300 to $1,000
The court has the discretion to sentence an additional two years of probation for two or more convictions of UDD.
In addition to criminal penalties for UDD conviction, you are subject to administrative license revocation penalties for an underage DUI, which are:
- Three months for a first violation
- Six months for a second violation
- One year for a third or subsequent violation
If your son or daughter is arrested for underage DUI, a conviction can have adverse effects on insurance rates and, if a second violation occurs, a conviction can result in a criminal record. Colorado DUI attorneys can make a significant difference in defending against UDD charges, seeking reduced charges, and advocating other alternatives to jail. A number of drunk driving defenses are available.
What is the Fair Sentencing Act?
Prior to the Fair Sentencing Act, people caught in possession of crack were more severely penalized than people caught with an equal amount of cocaine. The racial disparities associated with the sale and penalties for these drugs outraged the public for some time. The public watched as young African-American men received lengthy prison sentences for possessing small amounts of crack, while Caucasian men received light prison sentences for larger amounts of cocaine.
In order for cocaine offenders to receive the same sentence as those caught with crack, they would have to be caught with 500 grams of cocaine. However, due to the highly addictive nature of crack and the physical and mental destruction it causes the human body, some people believed the differences in punishment to be fair.
Fair Sentencing applies to new and prior drug offenses
Thanks to the Fair Sentencing Act, the penalty difference between crack and cocaine has been reduced to 18 to one, from the previous 100 to one. This means that drug dealers now must be caught selling 28 grams of crack to receive a 10-year minimum prison sentence, a ruling also designed to apply to prisoners retroactively. In some cases, with the assistance of a highly qualified and experienced Bucks County criminal defense lawyer, it may be possible to combat crack charges received prior to the implementation of the Fair Sentencing Act.
The Anti-Drug Abuse Act
Blame for the disparity between the penalties for crack and cocaine can be squarely placed on the Anti-Drug Abuse Act of 1981. Congress passed this law with the intent to protect the public. Crack was believed at that time to be significantly more harmful than cocaine; thus, its use and distribution were deserving of harsher penalties. However, in the last three decades, scientific research has shown there is little difference between the two substances, and therefore the sentencing disparity is unjustified.
Contact an experienced law firm
If you require assistance with a criminal or divorce issue, do not hesitate to contact the Bucks County criminal defense attorneys of Kardos, Rickles, Bidlingmaier & Bidlingmaier today via our online form. Our experienced attorneys are ready to use their knowledge and skill to assist you.
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