Thursday, October 29, 2015

Colorado Speeding Laws & Need of Traffic Ticket Attorney

Like any other state in USA, Colorado has its own set of rules when it comes to vehicle speeding. A car that crosses the prescribed speed limits is not only prone to cause major damage to property and life but also carries the chance to cause damage to the self. It is important to know about the possible legal consequences of exceeding such speed limits or reckless driving, so that a person is aware of what penalties he or she might expect for breaking such laws.

Crossing speed limits by drivers in Colorado is not uncommon. Many people exceed the speed limits because of driving under the influence of alcohol or drugs. There are still others who might have a habit of speed driving. A person might also receive a speeding ticket in case he or she had been driving too slowly. In case a person has received a speeding ticket from a Colorado traffic police, then he or she should contact a Colorado speeding ticket attorney to receive the best legal support. Colorado speeding laws are unique and different from other states, and it is not always possible for a layman to be aware of all of them. So let’s take a brief look at the different speeding laws that are in practice in Colorado.

The Basic Speed Rule

According to COLO Sec. 42-4-1101(1), No person should drive a vehicle or a car at a speed that is greater than what is prudent and reasonable under the conditions existing at that given time.
Basic Speed Limits

These are the basic vehicle speeding limitations as set by the law of Colorado

•    65 MPH on interstate system
•    30 MPH for a residence district
•    25 MPH within a business district 
•    40 MPH on all open mountain highways•    55 MPH on any open highway that is not on interstate system
•    20 MPH on a narrow, winding mountain highway or a blind curve

DUI/DWAI cases

If a person had been driving a vehicle under the influence (DUI) or driving while ability impaired (DWAI), then he or she needs to get in touch with a lawyer that can assist with such cases. A DUI or DWAI related speeding case will involve additional legal penalties and trials than what is the norm for standard reckless driving or speed limit exceeding cases. The penalties and jail times needed to be served for such cases will differ based on whether a person is committing the offence for the first time or any additional number of times.

Possible defenses for speeding vehicles in Colorado

According to the laws of Colorado, a person might be able to receive any of the three possible defenses when it comes to speeding.

•    Attacking an officer’s way of determining your vehicle speed is a good way to defend oneself against an allegation of speeding. In order to do this, a person must first discover the method that an officer uses to cite the speeding case and then find out about the various ways in which he or she can attack that particular way.

•    Another way to achieve the same end is by stating that an emergency propelled the person in control of the wheels to exceed speed limits for avoiding serious injuries or damages to others and the self.

•    The other way that a person can present a defense against speeding allegation is by stating that the officer wrongly mistook the car for some other vehicle. As there are so many vehicles on the street that look quite similar, it is quite possible for a cop to see a particular speeding car but then lose the sight of it and wrongly pick up another car that was present a bit farther down that road.

Colorado Pointing System

The driving license of a person can be subjected to suspension in case he or she accumulated 18 points in 24 consecutive months or 12 points in 12 consecutive months. Provisional drivers would get their licenses suspended if they gather 12 points in any 24 consecutive months, 9 points in 12 consecutive months or 14 points starting from the time this provisional license was actually issued. For all minor drivers, there would be a suspension of license in case they accumulate 5 points in 12 consecutive months or a total of 6 points starting from the time their license was issued. Suspension of license would occur for chauffeurs in case they accumulate (during the course of their employment) 16 points in a single year, 24 points within 2 years or a total of 28 points within 4 years.

These are the points that are attributed to different types of speeding violations: 

•    Three points for driving at a speed of 5 - 9 MPH over the prudent and reasonable speed or 5 - 9 MPH over maximum lawful speeding limit of 75 MPH.

•    Four points for driving at a speed of 10 - 19 MPH over the prudent and reasonable speed or 10 - 19 MPH over maximum lawful speeding limit of 75 MPH.

•    Six points for driving at a speed of 20 - 39 MPH over the prudent and reasonable speed or 20 - 39 MPH over maximum legal speed limitation of 75 MPH.

•    Twelve points for driving at 40 MPH or more speed over prudent and reasonable speed or 40 MPH or more speed over maximum legal speeding limit of 75 MPH. 

Monday, October 26, 2015

What You Must Do After A DUI Car Accident?

DUI accidents are quite common and can be some of the most serious situations that anyone can face in his or her lifetime. You might have had a few drinks before deciding to drive your car, and this had eventually led to the accident. If someone has been hit by your car and you are still sitting behind the wheels, then there are certain things that you must do to avoid further danger.

DUI accident

Here is a list of things that you must do if you are involved in a DUI accident.  

•    In case you have accidentally hit a person with your car, never just leave the crime scene as it can lead to a felony charge of hit and run.

•    Try to see if anyone is serious injured and immediately arrange for emergency medical help, should that be necessary. In case anyone is hurt, you should also report about such injuries to the best of your ability.

•    You must call the police to report the accident. Certain states require that every accident that involves major physical injuries or property damages must be reported immediately to the police. It is always a great idea to call the police and let them know of the accident.

•    Do not make any written or oral statements to police officers or other people. Never say “I’m sorry” as this can mean in many court of laws as admission of guilt. If you are suspected of DUI, then it is necessary that you immediately get in touch with a Colorado DUI lawyer before you make any statement to the police regarding your involvement with the accident.

•    If you are asked to take the different field sobriety tests, then you have the right to refuse them. You are not entitled to take such tests if you do not want and no legal punishment can be issued against you. However, you will then be ticketed for being noncompliant and you will be further subjected to different kinds of criminal and administrative penalties for not taking a breath or chemical test.

•    Do not make any oral or written statements to victims or witnesses under any circumstances. Avoid making statements like “I’m sorry to them as they can take it as a sign of confession for your wrongdoing.

•    Try to get the names, phone numbers and addresses of all potential witnesses. If you think you are not at fault in relation to this accident, you will need the support of these witnesses to prove your innocence in the court of law. The witnesses can provide with their own accounts of testimonials that are not present in the accounts of the police reports.

•    Do not forget to take pictures of the accident scene in general and the vehicles that have been involved with the accident. You can use your mobile camera or any other kind of camera to do this.

•    Write down all the details of the accident from your own individual perspective. Make sure that you accurately note all the date and time of the accident as well as the time when you are actually writing the account. You can also mail the copies of such statements to any legal practitioner who is involved with the accident in a major way. Do not forget to write “Confidential - Attorney-Client Privileged,” on top of the statement. Also, do not show this document to anyone else except your attorney, in case you decide you have one for this case.

•    If you have accidentally hit or damaged any property, try to find out about the owners of such property. The property can be anything such as an unattended bike or vehicle, a shop or some other kind of property.

You are also advised to learn all that you can about the legal parameters associated with DUI accidents and hit and run cases in the state of Colorado. This will help you to understand what can be in store for you once you are involved in such a case. A criminal defense attorney who has sufficient experience in handling DUI cases under the state of Colorado and offer you substantial guidance in the court of law regarding cases such as these. It would be impossible for a layman like you to know everything about DUI rules and regulations in the state of Colorado. That is why it is always advisable that you get in touch with a good lawyer who can represent you in the court of law. You can look through the various online resources to find a lawyer who can offer you reliable services. The online resources can also let you know about how Colorado law works for DUI accident cases. A lawyer who is skilled at handling cases like these can also offer you sound advice in every step of the way to steer clear of unwanted legal troubles.