Colorado Legal Blog

Non Car Traffic Highway Regulations in Colorado

The Colorado Revised Statutes provide for vehicular traffic other than cars and special laws are laid down for scooters, bicycles (manual or electric) and even animal operated transport. Since the treatment for bicycles and low powered scooters largely follows the pattern as that laid out for larger vehicles, it makes good sense to hire a Colorado Springs traffic accident attorney in case of trouble.

In order to prevent accidents, the authorities are instructed to distribute written material regarding applicable traffic laws to those driving bikes, cycles, and other such vehicles.

Laws relating to Bicycles or low powered scooters

Since there is a blurred distinction between vehicles such as electric bicylces and low powered scooters, the same term is used for both. When they are allowed on the road, they enjoy the same rights and responsibilities as those granted to regular vehicles under Title 42, Article 4. Of course, there are some regulations that are meaningless for scooters which don't apply.

Those driving a scooter must have a regular and permanent seat attached and must never exceed the carrying capacity for which it was designed. In addition, when there is more than one such vehicle, only two can ride abreast at any given time. It's also illegal to latch on to another vehicle on the road.

If the passengers are below the age of eighteen, they must wear regulation helmets. The penalty for violation of this particular rule constitues a Class A traffic infraction.

Animal based traffic

Though rare, it's possible for a person to ride or an animal or be in charge of leading one on the road. Such traffic is unique in that it must travel on the other side of the highway on the left - facing approaching vehicles. However if it's a herd of animals, this peculiarity doesn't apply.

Other travelling equipment such as skis, rollerskates etc.

Such equipment is banned from highways. Using the highways as sleds or a ski courses is against the law. Only in the event of a crossing are they allowed onto the road and when they do cross, they have all the rights and protections accorded to pedestrians.

Engaging and Attorney

Due to the large number of sections and associated complications, it's best not to take any legal step without consulting a Colorado Springs traffic accident attorney who specializes in these matters. At Clawson & Clawson, our attorneys will take your case in hand and ensure a favorable outcome for you. Find out how with a free initial consultation.

The Survivor Benefit Plan (SBP)

The SBP is one of the most overlooked areas of military divorce. One reason for this is that it's quite complex and there are plenty of confusing sections that you may not be aware of. A good Colorado Springs military divorce attorney however will be able to guide you through the ins and outs of this section of the law. In fact, one of the ways to find out whether or not your attorney is capable of representing you, is to determine whether or not he or she will take the SBP into consideration.

Some of the most common juvenile crimes are harassment, drug use, vandalism and gang-related violence.  Juvenile crime poses a unique threat to the community and it is the responsibility of society to prevent it before it manifests itself into more devastating consequences. 

Like many other Colorado Springs criminal defense lawyers, I am acutely aware of the risk factors associated with higher incidences of juvenile crime.  Some of the most prevalent risk factors include poverty, the presence of drugs, and violent gangs in a particular community.  Children who live in homes where domestic violence takes place are also more likely to become delinquent, and when you factor in easy access to firearms and increasing violence in movies and video games, it is no surprise that some children are at a greater risk than others for criminal acts. 

Difficulties in collecting Child Support Payments

When the court orders one parent to pay maintenance or child support to the other, it often doesn't end there. There is still the matter of collecting, making sure that payments are on time and protecting against bounced checks and the like. In fact, this can be quite a harrowing experience for the parent collecting payment.

Child Support Registry

In view of this hardship, a system has been put in place headed by the "Family Suppport Registry" that can monitor not only child support payments, but also a combination of child support and maintenance. The court can, on its own, issue an order that such payments should be made through this agency if it feels that there will be a need for it. Even if the court doesn't order it, the payments can still be made in this manner if one of the parties wishes it to be so. In consultation with your Colorado Springs divorce attorney, you can make a request for payments to be made through this agency.

This registry takes over all the functions of collection, processing, disbursement and maintenance of records so as to ensure that a central state agency keeps a watch over these transactions. The registry has other obligations as well. For example, it can collect a fee for checks that are drawn on insufficient funds. If a check bounces a second time, it can demand payment through cash or another certified instrument. In addition, if an event such as a stop payment occurs, the agency can ensure that the balance payment is carried over to the next month.

The Support Order

In order to ensure maximum objectivity and so that there is no misunderstanding, a support order will consist of all the important details that are relevant such as the amount to be paid andthe date on which the payments become due. It will also contain the addresses, date of birth and names of both parties involved as well as the important details of the dependents. Any change in address must be communicated to the family support registry as soon as possible.

Hiring a Colorado Divorce Attorney

In order to ensure a smooth implementation of the court order, you can consult with your attorney to determine if payments through a family support registry make sense for you. Call our Clawson & Clawson attorneys for a free initial consultation to get the best advice for your situation.

Traffic violation penalties

The laws relating to traffic accidents and their penalties are extremely complex. They are located in the Colorado revised statutes  in Title 42, Article 4, Part 17. It's unlikely that any single person will know all of them at any given time and so it's very important to contact an accident attorney in Colorado Springs as soon as you're involved in a situation which is likely to lead to legal proceedings.

Traffic Infractions

A traffic infraction is an offence when certain specific sections of law relating to vehicles and traffic are violated. They cover areas ranging from administrative rules, drivers licenses and taxations to accident reporting, abandoned vehicles, parking, speed regulations and a host of other traffic rules.

Traffic infractions are civil matters and are heard by a county magistrate. However, certain provisions of the law can come under the category of of a felony, a misdemeanor or a petty offense. Traffic infractions can bring down a penalty of anywhere from $15 to $100.

Each type of violation has its own penalty and surcharge.

Misdemeanor Traffic offenses

Traffic offense misdemeanors are either class one or class two. The former can carry a fine from between $300 to $1000 and can also carry a prison sentence from ten days to a year. The latter is less serious and has a fine from between $150 to $300 and a prison sentence of 10 days to 90 days.

In addition, those convicted of a misdemeanor may also be asked to perform community service over and above the mentioned penalties.

Hiring a Colorado Springs Accident attorney

It's critical that you contact a Colorado Springs accident attorney when involved with something that involves prison time or a significant penalty. Only an experienced traffic accident attorney will know all the various sections, loopholes, and those aspects of the case that will make an impression on the judge as well as the technique of presenting the facts of the case in a cogent manner. In addition, you also need someone familiar with the paperwork and the workings of the court in order to run things smoothly. Our Clawson & Clason accident attorneys are highly experience in these matters. Contact us for a free initial consultation.

Child and Family Investigator (CFI)

Formerly known as a "Special Advocate", the role of the Child and Family Investigator was created by the Colorado Revised statutes in 2005. This person is called in by the court at the request of one of the parties in order to help with the allocation of parental responsibilities in a Colorado divorce case. Whether or not you should make the request for a CFI is something you should discuss with your Colorado Springs divorce lawyer.

We have seen in an earlier article about how the court can appoint a child's legal representative who acts as a separate attorney for the the child in a divorce proceeding. While the functions of a CFI and a representative of the child overlap in many ways, they are actually quite different from each other. For one thing, a person cannot both be a CFI and a child's representative at the same time.

Also, while the legal attorney of the child has to be a lawyer, the CFI can be any number of things including a medical worker or an attorney. Another difference is that the CFI can be called as a witness.

Functions of a CFI

The scope of a CFI can be markedly different from that of a legal attorney. The court sets out the responsibilities of the CFI in an "appointment order" which he or she must stick to. The CFI will then be called upon to make recommendations to the court. These carry great weight in the determination of the final judgment.

A primary duty of the CFI is to take into considerations the best interests of the child. Like the legal reprensentative, he or she isn't bound by the child's wishes in any matter though it is required that they be mentioned in the final report. The costs of the CFI are to be borne by both the parties in the divorce unless they are declared indigent.

There isn't any set technique for a CFI to about his or her business. The end result is the report to the court and at the very least, this will involve extended meetings with the parents, the child and any other significant person involved. He or she will also examine all relevant records pertaining to the matter in order to complete the evaluation.

Consulting with your Colorado Springs divorce lawyer

Practically, it's shown that it makes a difference as to which party requests and recommends a CFI. It's important to consult with your attorney before accepting a recommendation or making a request for a CFI. Our Clawson & Clawson lawyers will guide you through these situations so that you don't make a fatal mistake. Contact us for a free initial consultation.

Need for a children's attorney in Divorce cases

Frequently in divorce cases, the conflicting interests of the parents don't always tend to the best interests of the child. Colorado law however, places the child's well being on a higher level than that of either parent. Sometimes, one or both the parents realize that the child's future is in jeapordy because of the divorce and want to take corrective measures.

In consultation with a Colorado Springs Divorce attorney, it's possible for either spouse to petition the court for a legal represntation for the child. The function of this attorney will be to look out for the best interests of the child or children. The scope of the issues that this special legal attorney will represent covers all aspects of the case such as child custody, the child's property, parenting time and more.

There are special codes of conduct set forth for such attorneys. Among other things, they cannot be called as a witness. Finally, he or she isn't compelled to implement the wishes of the child and is expected to make up their own judgement about what is in the child's best interests.

With regard to the costs of the children's attorney, the court will start by trying to apportion the expense between all the responsible parties. In case the court isn't able to do this because of financial incapacity, the state will instead bear the necessary expenses.

Special considerations

It's important to note that though the child is represented, he or she can't participate in the proceedings through the attorney. A client/attorney relationship isn't the same as the relationship between attorney and adult for the simple reason that the child isn't qualified to make legally binding decisions. Also when the attorney is appointed by the state as a Guardian Ad Litem (GAL), it can't be simply due to the inability of the two spouses to communicate with each other.

Consulting a Colorado Springs Divorce Attorney

When deciding whether or not to request the court for a children's attorney, you must take the advice of your own divorce attorney to determine the best course of action. Our Clawson & Clawson lawyers are well versed in these matters and we will be able to look out for the best interests of your child as well as representing your position in a cogent and clear manner. Contact us for a free consultation.

Computers have made it much easier than ever to commit acts of fraud and criminal trespassing, and Colorado lawmakers are finding that state laws don’t always cover every type of computer crime.  If you are involved in a business activity that is under investigation for white-collar computer crime, the most sensible course of action is to seek counsel from a Denver criminal defense attorney.

Because of federal statutes prohibiting seven types of computer-related conduct, many computer crimes can carry a serious penalty.  For example, in the case of a white-collar computer crime like fraud, someone who is convicted of a $500 to $15,000 theft will be guilty of a Class 4 felony.  Anything over $15,000 is a considered a Class 3 felony.  Gaining information illegally from banks or official government agencies, or accessing information from a computer as part of a plan to commit theft are two common methods white collar computer crime. 

Expiration of Child Support

According to Colorado law, all child support comes to an end when the last child reaches the age of 19. This happens without any legal formality and does not require any notification. It's just assumed to have stopped. At this age, the child is said to have become emancipated. However, there are five conditions under Colorado Springs family law when child support can still continue after the above age. We will deal with them one by one.

Written Agreement

If both parties decide to continue support the child after the age of 19, then maintenance can continue for as long as agreed upon. This agreement which must be in writing is between the two parents and can lay down any set of reasons for the continuance of maintenance.

When the child is disabled

Under special circumstances when the child is either physically or mentally disabled, the judge can authorize child support to continue beyond the age of 19. The support will include all medical payments as well as insurance if necessary. The duration of this support after the age of 19 is left to the discretion of the judge.

When education is ongoing

If the child is in high school when he or she turns 19, support continues up to the month after graduation. There is also a special circumstance where the child drops out of high school and then re enrolls later on. In this case as well, child support will continue till the month after graduation. However, this ceases to hold true as soon as the child reaches the age of 21.

Marriage

It is presumed that the child has reached the age of emancipation when he or she gets married. However, the law provides for the reinstatement of child support in case the marriage ends for whatever reason. In this situation, support will continue till the age of 19 when none of the other criteria are fulfilled.

Enrollment in the Military

If the child goes into active military duty, child support is no longer needed.

Hiring a Colorado Springs Family Law Attorney

When deciding to negotiate child support payments with your ex spouse, it's very important to have an experienced attorney who will help you cover all contingencies and look out for your interests. Chances are that the other party will have their own attorney and you can be at a serious disadvantage without one. Contact our Clawson & Clawson associates for a free initial consultation.

Healthcare adjustments to Child Support

According to Colorado law, medical insurance for the child is a crucial aspect of parental responsibilities. During a divorce, the court ensures that the health of the children is taken care of by allocating responsibility to both parents for the purpose of providing insurance. This includes dental insurance. The health care costs are over and above the standard child support costs that one spouse is liable to pay the other.

A Colorado Springs divorce lawyer will be able to help you accurately determine the amount of health insurance that is payable. However, here are a few guidelines that will help you arrive at a rough estimate.

Basic guidelines for child healthcare costs

It's important to start off by noting that these expenses cannot be greater than those incurred by a professional care provider. Additionally, if the health insurance premiums added to the basic support obligations is greater than twenty percent of one parent's income, the court might determine that it's not necessary to add the child onto the insurance policy. However, it must be purchased as soon as health insurance becomes reasonably priced.

Both parents are required to contribute to medical insurance for the children in proportion to their incomes. When one parent makes a request for coverage payments from the other, he or she must provide proof of coverage as well as the costs incurred. This must be submitted annually both to the court as well as to the spouse.

When it's not possible to give the exact amount of health insurance premiums pertaining to the child (say it's part of an existing plan), the figure is arrived at by taking the total premium amount and dividing it by the number of persons covered. This is multiplied by the number of children to give the total amount of medical insurance for the child or children.

Finally, the parents are also responsible for what are called "extraordinary expenses" including co-payments and deductibles which exceed $250 a year. Any other medical expenses including those related to chronic conditions are taken into consideration as well.

Consult a Colorado Springs divorce lawyer

It's very important to get the advice of a competent divorce lawyer when it comes to computing child support payments. This is because an experienced attorney will be able to make use of various provisions in the law that can work to your benefit and present the documentation in a concise and cogent manner. Contact our Clawson & Clawson attorneys for a free initial consultation.