Okay, lets talk pot.  As of January 1, 2014, Colorado residents, 21 and older, can now buy marijuana for recreational purposes.  And as great as this is for our state, we must remember that Colorado has not become a Cheech & Chong movie – there are rules that apply and laws that must be followed in order to keep you out of the pokey. 

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Yes, this is not a typo, people can in fact receive a DUI when they are not actually “driving” a car. I am sure a lot of you are asking yourselves, “How can this be?” and though I agree it is a puzzling issue, in Colorado a person can be arrested, charged and convicted of a DUI, even if not driving, so long as they were in “actual physical control” over their vehicle.

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Failing to Appear in Court for DUI Charge

Generally in Colorado, failing to appear in court for your criminal case results in the issuance of a warrant for your arrest.  However, this is not true for failing to appear in court for any traffic infraction case, Including DUI’s and DWAI’s.

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Now that the holidays are upon us, I thought it was a perfect time to remind students if you are charged with a DUI or a DWAI, whether it is on campus or off, you will face University disciplinary proceedings as well as criminal proceedings in State Court.

CU has a “three strikes” policy for students with alcohol offenses. If you have had alcohol-related tickets in the past, you face more serious University penalties, up to and including suspension and expulsion. Importantly, you are not entitled to have an attorney present for any CU disciplinary proceeding. However, attorneys can attend and usually must remain silent. I have counseled students as to what to expect at their disciplinary hearing, what to say at their hearing, as well as attended their hearing with them.

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