Unlike alcohol, which studies have shown to impair human bodies at a certain and fairly consistent level (the current legal blood alcohol concentration limit for drinking and driving in most states is .08%), there is much research demonstrating that there is no “one size fits all” metric for determining impairment by marijuana.
Let me put it this way: it is not illegal to smoke marijuana and drive a car. It is illegal to be impaired/being under the influence by marijuana while driving a car.
At the moment, the law says that anything greater than five nanograms of THC per milliliter of blood automatically creates a rebuttable presumption that the driver is impaired by drugs. However, many studies show that this is not the case. Let’s look at why.
BARRESAKOL.COM
Complications of a DUID Marijuana Charge
In Colorado, getting caught driving under the influence of marijuana is treated with the same severity as if you were caught driving under the influence of alcohol. The law treats it the same, and as such, so do traffic cops.
This post takes a look at how that works.
BARRESAKOL.COM
DUID Marijuana: Driving Under the Influence of Drugs
In 2012, Colorado became one of the first two states to legalize the recreational use of cannabis following the passage of Amendment 64 and Initiative 5021. Since then, people have started to wonder if previous marijuana convictions can be sealed from their records.
It’s a logical question, especially because when people who have a history of marijuana conviction apply for jobs, potential employers will to see drug charges on a criminal background check — even though it’s now completely legal.
So, is there a way to seal past marijuana convictions?
BARRESAKOL.COM
Can I Seal my Marijuana Conviction?
As of June 2020, the U.S. Bureau of Labor Statistics reported the rate of unemployment in Colorado has hit 10.5%, ranking us 35th in the country for unemployment.1 That means that a lot of people are actively applying for jobs, making the hunt for employment even more competitive than usual.
It’s during times like these when candidates want to make themselves look as appealing as possible, and I start to get questions from potential clients like, “Can I hide my DUI or DWAI from a potential employer when they do the background check?”
The simple answer is… yes, no, and maybe so. Every situation is a little different, so let’s take a look.
BARRESAKOL.COM
Can I Hide My DUI from a Potential Employer?
If you and your spouse cannot agree on living arrangements during the divorce process, consider getting "temporary orders" to smooth the process along.
In my experience, there are some benefits as well as drawbacks to temporary orders; read on for more...
BARRESAKOL.COM
Considering Temporary Orders for Divorce Cases
When you or your spouse file for divorce, the other party will either sign joint papers, he/she will accept service, or he/she will be served. Upon any of those events happening, there are four “preliminary injunctions” that are activated. These are essentially rules that both parties must follow in the interim between filing for divorce and finalizing it. They are:
- Do not take minor children out of state without either the other party’s permission or a Court order.
- Do not do anything extraordinary with marital finances.
- Do not disturb the peace of the other party.
- Do not change any insurance coverages.
The idea is to maintain the status quo for the duration of the divorce proceeding, and any violation of these injunctions will not be looked on favorably by the judge.
Click the link to read more about what this means for you...
BARRESAKOL.COM
Just Filed for Divorce? Honor the Preliminary Injunctions
Recently someone asked me if she could get maintenance from her former spouse whose life circumstances had changed substantially. At the time of their divorce, they had agreed that neither of them would receive maintenance payments; however, his life circumstances changed significantly since their papers were signed.
Could she go back to Court and request maintenance from him? Read on for more...
BARRESAKOL.COM
Can I Request Maintenance if My Former Spouse’s Circumstances Change?
In my last blog post, I discussed whether or not a former spouse can subsequently request maintenance (or an increase in maintenance) if the other spouse’s life circumstances change for the better. (The short answer is: usually not, but, in some cases, it is possible.)
Child support is a different story. If you are in a situation where one former spouse pays the other former spouse child support, and life circumstances change, altering the financial picture, child support can (and should) be adjusted. Click the link for more details.
BARRESAKOL.COM
Does My Former Spouse Owe More Child Support if their Circumstances Change?
So you’re going through a divorce and you believe your soon-to-be-former spouse may be hiding something. Whether it’s money, affairs, or something else, if you’re considering hiring a private investigator, let’s look at some pros and cons first. Click the link for the full article.
BARRESAKOL.COM
The Pros and Cons of Hiring a Private Investigator for a Divorce Case
The very short answer is: yes. If you take a child contrary to a custody order, then theoretically, you have kidnapped the child — even if you are the parent of that child.
Read on for more details...
BARRESAKOL.COM
Can You Kidnap Your Own Child?
It’s easy for some couples who get along to think that they don’t need to create a very detailed divorce agreement and custody schedule. They assume that they’ll be on good terms for years to come. The rule is that your agreement should have sufficient specificity so, if you’re not getting along with your “ex”, you have the necessary specifics to avoid conflict.
Read on for more information...
BARRESAKOL.COM
Prevent Future Headaches by Drafting an Airtight Divorce Agreement
If you are going through a divorce with children involved, it is unlikely that they will have the opportunity to testify in Court.
In this blog post, we discuss the reasons why, and how your kids can express their opinions to the judge, if they want to.
BARRESAKOL.COM
Divorce: Will My Child Have to Testify in Court?
When it comes to making decisions about the kids, do you have a plan in place in the event that you and your former spouse reach a stalemate?
Read on for more information...
BARRESAKOL.COM
Divorce: Navigating Joint Decision-Making
Do your maintenance and child support costs need to be adjusted due to COVID-19? Let's find out. Read the article for more information.
BARRESAKOL.COM
Divorce: Calculating Maintenance in the Age of COVID-19 and Home Learning
The recently-approved COVID-19 vaccines are beginning to be distributed around the country, and they have ignited some controversy among Americans. Some people trust that the vaccine is safe and effective, and others aren’t so sure. So if you're divorced, who decides whether the kids will get a vaccine when the time comes?
BARRESAKOL.COM
Divorce: Who Decides whether the Kids Get a Vaccine?
Now that it is legal to possess a limited amount of marijuana, a big question has come up for people who were previously convicted of marijuana possession: how can I clear my record?
BARRESAKOL.COM
Get Your Marijuana-Related Criminal History Expunged from the Record
Now that the consumption of marijuana is legal in the State of Colorado for individuals over the age of 21, we’re seeing more cases of people getting pulled over and arrested for driving under the influence of drugs (DUID). This is true in any state where recreational use of marijuana has recently been legalized.
Here’s what you should know if you use recreational marijuana, or if you’ve been arrested for DUID.
BARRESAKOL.COM
Driving Under the Influence of Marijuana
If you’ve decided to get a pre- or postnuptial agreement, you’ve made a smart decision that will protect you and your assets in the case that things don’t work out quite as planned.
That said, if the prenup isn’t executed properly, there is a chance that when the time comes to use it, the Court may invalidate it if the other party brings a challenge. Today let’s look at some factors that could potentially nullify your pre- or postnuptial agreement.
BARRESAKOL.COM
www.barresakol.com
If you have entered into a prenuptial agreement and now realize you wish you hadn’t, is there anything you can do? Yes and no. Let’s take a look:
https://www.barresakol.com/~/barres-blog/2021/march/how-to-invalidate-your-prenuptial-agreement/
