More specifically, Tressler and her attorney filed a “gender discrimination” complaint against the paper, and she is asking that the U.S. Equal Opportunity Commission look deeper into the paper’s reasoning for her termination. Tressler sums up her response to the paper’s allegations that she ought to have disclosed her night dancing by stating that there was no questions on the form (of application) requiring such disclosure, and that she answered all of the questions she was presented with perfectly honestly. It all came as such a shock to Tressler; she emphasizes in her statements how well several editors of the paper claimed she was doing in her duties as a reporter.

In the defense of the paper’s decision, tabloid-like publications have come out casting a negative light on Tressler, and her employment at the Chronicle. Even the Chronicle’s local competitor papers came out with publications exposing her “double life”. In addition to the obvious pressure implied, Tressler not only stripped at a night club, she also writes for her own blog entitled Diary of an Angry Stripper which includes scantily clad pictures of herself, as reported by MSN.com.

Tressler’s side of it seems pretty cut and dry. She claims that she used the “exotic dancing” to help pay for her schooling, doesn’t do it much any more, and uses it mostly for “exercise”, claiming she can’t afford a gym membership. She does have an MBA in Journalism, and teaches at the University of Houston on the side as well. Tressler’s attorney vouches that because exotic dancing is dominated by female dancers, it is an assault on women’s employment rights. She claims Tressler has done nothing illegal, and therefore, her rights are being infringed upon.

MSNBC.com. “Fired for stripping, Houston reporter files discrimination complaint.” 11 May, 2012.

<http://usnews.msnbc.msn.com/_news/2012/05/11/11657802-fired-for-stripping-houston-reporter-files-discrimination-complaint?lite&ocid=ansmsnbc11>

Reyes has been charged with lowering the property tax amount on nine warehouse properties, owned by his main campaign “contributor” Majestic Realty Co., according to the Denver Post, Friday. This action has resulted in nine misdemeanor charges of official misconduct, one for each warehouse property he tampered with. The maximum penalty, claims the Post, will be one year in jail for each property, and $1,000 for each property, totaling $9,000 and 9 years in jail. It is inconceivable to think that anyone, especially someone who is in the political spotlight, could hide his or her monetary choices. The money always leaves a trail to be followed.

Original investigation of Reyes started when the Denver Post originally reported that he had “…personally slashed the taxable value of warehouses owned by the California-based Majestic Realty Co.” This action reportedly saved the company an estimated $800,000 in that year alone, according to the Post. Upon reporting that story, the Adam’s County D.A., the U.S. Attorney’s Office, and the FBI began investigating Reyes.

According to the Adam’s County District Attorney Don Quick, three major areas need to be established before coming up with a commercial property’s value (for tax measures etc… to be valid). Those include: construction cost, market value, market value, and sales income, according to the Post. Reyes did not do this at all. The Post summarizes that “He didn’t follow the rules and regulations that govern his office (quoted from Quick) … He just instructed his assistant to put in values that were significantly different from his commercial appraisers.”

Innocent until proven guilty, Gil Reyes will continue to serve as Adam’s County Assessor. However, he is to appear in court June 14^th. Reyes has additionally been accused of accepting gifts from several companies and organizations. Though the use of money, and definition of “gifts” can become muddied in various contexts, all of the above is not looked well upon by the legal side of things, and Reyes, could face some serious repercussions.

Olinger, David. “Adams County Assessor Gil Reyes Charged with Misconduct.” The Denver Post. 12 May, 2012.

<http://www.denverpost.com/breakingnews/ci_20603088/adams-county-assessor-charged-misconduct>

Initially, KFC did not take responsibility for the poisoning. Just last week, the family has finally been awarded with a $8.3 million dollar settlement, to cover the damages and court room costs the family has sustained.

Apparently, the entire family had been affected by the unsanitary Twister, though only Monika, the-then seven year old girl had not recovered. She remained in a coma for six months, was in the hospital for seven months, and to this day suffers from the incident.

The family’s George Vlahakis was quoted by Australian media, emphasizing the need of this case to be settled. The injuries the family has sustained reach much deeper than physical. Financially, for the years of care and bills needed to maintain their daughter’s health has exhausted the family’s “very limited resources…” and “the compensation ordered is very much needed”, to say the very least.

Some people are speculating on the soundness of the case. Why was only one Twister passed around and shared? Were there not enough to go around? What else was it that the family ordered? Questions like these and more illustrate the skepticism that litigious societies have possibly brought upon themselves. However, the facts that are clear are as follows: The grandmother, the only one who reportedly did not partake in eating the Twister, was totally fine and cross contamination, though accidental, does happen often and very easily.

“However, it reported that the trial also heard of hygiene practices at the restaurant that the family’s barrister described as ‘disturbing and unsettling.’”

Jamieson, Aastair. MSNBC.com. 27 April, 2012.

<http://worldnews.msnbc.msn.com/_news/2012/04/27/11425684-kfc-told-to-pay-83-million-to-australian-girl-poisoned-by-twister-wrap>

McCracken’s ex-girlfriend and her new boyfriend both are dispatchers at the Boulder Police Department, as reported by Boulder’s channel 9News. Apparently it was all too much for McCracken as he had been accused of stalking and harassing the ex and her new beau. The DA’s office worked with the Boulder Police Department to issue an arrest warrant in response to results from an investigation that unearthed McCracken’s intent and taking of “significant step(s)” toward a murder attempt aimed at the new boyfriend. It is unclear at this time what charges are domestic violence-related, (i.e. charged as the ex-girlfriend being the victim), and which charges are related to the other man. In Colorado, domestic violence can only be charged where an intimate relationship existed between the parties.

The evidence pointing granting enough validation pointing investigators toward probable cause must have been exceptionally compelling, as the police department stated it was “concerned and saddened” to have to arrest one of it’s own officer. However, the department stands firm and believes that swift action was needed.

McCracken is being held in the Broomfield County Jail and his bail has been set at $500,000. He has several charges including suspicion of attempted first degree murder, stalking, and harassment, according to 9News. Because the case involves other members of the Police Department directly, the investigation process has become two-fold. Investigators have the task of determining what was really going on between the three individuals primarily involved, and conducting an internal personnel investigation regarding the department itself.

Important details regarding the ex-girlfriend’s participation with McCracken will certainly be revealed as the case progresses. McCracken had suffered a head injury, a break up, and other personal issues in a very short time period, which could have influenced his judgment. It seems externally, that McCracken could be an injured third party, who became jealous, and emotionally unstable. He reportedly told the new boyfriend to “watch his back” and he accused the ex of “cheating on him” with the new guy. These hardly seem like murderous terms, however alarming. Another potentially important variable: There have been statements made regarding McCracken having suffered and never been treated for post traumatic stress disorder (PTSD) after returning from a tour in the Middle East while serving in the Marine Corps.

From the outside, these seem like emotionally charged responses that do not necessarily point absolutely to homicide. It is better to be safe than sorry, as the Police Department made clear in taking quick action. However, McCracken would do well to seek the expertise of an experienced defense attorney to aid in navigating out of this potential “Bermuda love triangle”.

KSUA-TV. 9News.com. NBC. 3 May, 2012.

<http://www.9news.com/news/article/266304/339/Police-officer-faces-attempted-murder-charge>

Traumatic Brain Injury (TBI): brain injuries suffered in a car crash may lead to permanent impairment of the brain’s functions.  Skull fractures, bruises of the brain, also called hematomas, and nerve damage are often related to such brain injury.

Broken bones: Some common bones that are fractured or broken in car accidents include legs (Femur - the thigh bone, Patella- the knee cap, Tibia - the larger of the two leg bones located below the knee cap, and the Fibula- the smaller of the two leg bones located below the knee cap), the hip (pelvic bone), arms (Humerus-upper arm, radius and ulna-forearm).

Injuries are also commonly sustained to the extremities and soft tissues in the hands, wrist, neck and shoulder. Some of the more common injuries in  auto accident cases are rotator cuff injury and shoulder separations. Even injuries to theses areas can require extended physical therapy and/or surgery in certain siutations.

In some extreme situations car accidents can cause serious injuries to eternal organs, the spine or the brain that can result in the death of a passenger or driver.  Injuries to the heart, lungs, liver, spleen, or various other organs can lead to complications that threaten the life of the victim.

One of the most common, and most traumatic injuries suffered in an car or truck accident are injuries to the back and spine. Invertebral disks and cervical disks are often injured in cases where a vehicle is rear-ended or is involved in a collision at a high rate of speed. Other areas in the back that are often injured include: thoracic, mid-back, lumbar and lower back.

Car accidents often cause fractures to the back and neck that result in serious damage to the spinal cord or spinal region. Fractures or injuries to the spinal cord can result in permanent disability and even paraplegia.  Auto accidents that occur at high rates of speed or head-on car collisions can cause injuries that result in person becoming a paraplegic or quadriplegic.

If you, or someone you love, has been seriously injured in a car or truck accident you should seek the best medical care and  legal representation available. Traumatic injuries suffered by the negligence of another can cause pain, suffering and lifelong disabilities. If you were injured in an accident in Colorado call the Colorado Injury Attorneys at McDowell Laybourne & Rodemer for a free consultation. Our offices are conveniently located in Denver (Downtown Denver and in the Denver Tech Center) and Colorado Springs (Downtown).
Denver: (303) 573-1234
Colorado Springs: (719)227-0022

For more helpful links:
Denver Car Accident Injury Lawyers

Denver Colorado Attorneys

Colorado Springs Injury Lawyers

For drunk driving charges in Colorado, the legal limit for persons 21 years of age and older is a presumptive amount of .05 BAC. A blood alcohol content of greater than .05 is a presumptive driving while ability impaired, or DWAI. If a person’s BAC is a .08 or greater they could be facing a higher charge of Driving Under the Influence, or a DUI. If a person’s BAC is a .08 or greater within two hours of driving they may face an additional charge or Driving with excessive alcohol content. This is commonly written on a DUI ticket as DEAC, or D.E.A.C. In cases where the chemical testing method is a blood draw, often times police officers will charge a person with DEAC even though they have not seen the results of the blood test.

Drugs are very different than alcohol under Colorado DUI laws as they do not have a presumptive legal limit. Whether a person has taken prescription drugs or illegal drugs they could face a DUID charge if the District Attorney can prove that the person’s ability to operate a motor vehicle was impaired by the drugs.

For more insight on how the law is written, we look at Colorado Revised Statutes 42-2-1301. “‘Driving under the influence’ means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.”

Driving while ability impaired has a similar, albeit lower, standard. “‘Driving while ability impaired’ means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the operation of a vehicle.”

The statute at no point indicates a presumptive limit for marijuana or any other substances other than alcohol in a person’s blood.  This means that the prosecution has the burden to prove that a person was “under the influence” or their ability to drive was “impaired” as described above independent of the levels of THC or other drugs in their system.

Proposals establishing a legal limit for driving under the influence of marijuana/THC have been shot down in the past by Colorado lawmakers. However, the Colorado Senate committee recently voted to endorse a proposal that would set a legal limit for active THC at 5 nanograms thereby setting “a scientific standard” for deciding whether drivers are impaired by marijuana. You can view the full content of the prosed bill here:

A BILL FOR AN ACT CONCERNING THE PENALTIES FOR PERSONS WHO DRIVE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS

A portion of the bill reads,”In any prosecution for a driving under the influence (DUI), driving while ability impaired (DWAI), vehicular assault, or vehicular homicide,if at the time of the commission of the alleged offense, or within two hours thereafter, the defendant’s blood, urine, or saliva contains any amount of a schedule I controlled substance, except for tetrahydrocannabinols; a schedule II controlled substance; salvia divinorum; or synthetic cannabinoids, or the defendant’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, such fact gives rise to the permissible inference that the defendant was under the influence of drugs. The bill expands the existing definition of “DUI per se” to include driving when the driver’s blood, urine, or saliva contains any amount of a schedule I controlled substance, except for tetrahydrocannabinols; salvia divinorum; or synthetic cannabinoids, and driving when the defendant’s blood contains 5 nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood.” (See Senate Bill 17, linked above)

Some states that allow medical marijuana (MMJ) have set limits for active THC for driving. For example, Nevada and Ohio have a limit of 2 nanograms of THC per milliliter for driving, while Pennsylvania has a 1-nanogram limit.  Several other States, including Arizona, Georgia, Illinois, Indiana, Iowa, South Dakota, and Utah have  zero-tolerance policies for operating a motor vehicle with the presence of any illegal substance in a person’s system.

Stay tuned for further developments in Driving Under the Influence of Drugs and marijuana laws in Colorado. If you would like to speak to a Colorado Springs DUI marijuana lawyer, call (719) 227-0022 for a free consultation.

Under the Colorado Revised Statutes, Reckless Driving is defined under CRS  42-4-1401 as, ” A person who drives a motor vehicle, bicycle or electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the disregard for the safety of persons or property is guilty of reckless driving. A person who convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of 42-2-127″ (Author’s note: 42-2-127 refers to points being assessed and reported to the DMV. If you are charged with reckless driving on a bicycle you will not have points reported to the DMV against your driver’s license.)

In Colorado, reckless driving is also a habitual traffic offender (HTO) hit against your license. A person can be deemed a habitual traffic offender in Colorado in three ways. First, if a person is convicted of three or more HTO offenses in a seven year period. Second, if a person has ten or more convictions in a five year period for separate and distinct moving violations of four or more points. Third, if a person is convicted of eighteen or more moving violations carrying three points or greater in a five year period.

Habitual traffic offender hits include convictions for the following charges:

1. Drunk Driving charges (DUI, DUI per se, DWAI or habitual user),

2. Reckless Driving,

3. Driving under suspension, revocation or denial,

4. Knowingly making a false affidavit or swearing or affirming falsely to any matter required by motor vehicle laws or the administration of such laws,

5. Vehicular Assault, Vehicular homicide, manslaughter or criminally negligent homicide which results from operation of a motor vehicle,

6. Aggravated Motor vehicle theft,

7. Failure to provide required duties when involved in an accident involving death or personal injury.

Reckless Driving is a Class 2 traffic misdemeanor (MT2) in Colorado. The minimum jail sentence on a MT2 is 10 days in jail with a maximum sentence of 90 days. the minimum fine is $150 with a maximum of $300. All fines carry additional costs and surcharges as well. Don’t forget, in many circumstances the DA or the judge will be looking for driving classes or community service on top of the fines as a condition of probation.

If you have been charged with reckless driving in Colorado,  you need to speak to a reckless driving attorney in Colorado immediately.

If you have been injured through reckless driving of another, you should speak to a Colorado reckless driving injury lawyer to discuss your options and to determine if you have a case against the person who caused your injuries. We offer free consultations  and free case evaluations on all reckless driving matters

We have law offices in Denver in two locations (downtown and the DTC) and law offices in Colorado Springs. Our attorneys are able to meet with you at either location to discuss your reckless driving matter. Contact us at (719)227-0022 in Colorado Springs and Southern Colorado, or at (303) 573-1234 in the Metro Denver area.

Careless driving is a serious charge in Colorado and can have a major impact on your driving record and can result in serious fines and even jail time. Although all careless driving tickets carry four points, depending on the severity of the crash the fines and possible jail time vary greatly.

Careless Driving charges in Colorado fall into two distinctive categories that have very different penalties.  The first category is careless driving where there are no injuries or deaths as a result. The Careless driving statute in Colorado is under CRS 42-4-1402, it reads:

“A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low powered scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.”

As you can see, the definition of “careless driving” in Colorado is somewhat nebulous. In many cases where an accident has occurred, the police officer will file careless driving charges where a more specific charge does not exactly fit the circumstances of the accident. It is important to note that persons convicted of careless driving while on a bicycle or electric assisted bicycle are not subject to points being reported to the DMV.

The second category of Careless driving in Colorado is where a person the careless driving caused bodily injury or death to a person in the other vehicle (driver or passenger) or to a passenger in their own vehicle. Under Colorado Revised Statutes 42-4-1402(2), the penalties are laid out for the two types of careless driving.

“Any person who violates an provision of this section commits a class 2 misdemeanor traffic offense, but, if the person’s actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.”

A traffic 1 misdemeanor traffic offense (MT1) in Colorado carries the following possible penalties: 10 days up to 1 year in the county jail. It also carries a minimum fine of $300 with additional surcharges and court costs. The maximum fine on an MT1 is $1,000 with court costs and surcharges added on top of that.

A traffic 2 misdemeanor offense in Colorado (MT2) carries lower penalties. The minimum jail sentence on a MT2 is 10 days in jail with a maximum sentence of 90 days. the minimum fine is $150 with a max of $300. All fines carry additional costs and surcharges as well.

Keep in mind, the minimum jail sentence are not required, but are possible in all careless driving cases. Careless driving sentences also commonly include community service and/or driving classes. In many cases a plea bargain can be reached before a trial that limit a person’s exposure to the serious penalties and can even reduce the charge itself. Every case is different and a plea bargain will depend on many factors such as: seriousness of the accident, ability of the prosecutor to prove the case, and the driver’s history. The driver history is typically researched by the DA through the Department of Motor Vehicles (DMV) system.

If you have been charged with careless driving in Colorado, or careless driving causing injury or death you need to speak to a careless driving attorney in Colorado immediately.

If you have been injured through careless driving of another, you should speak to a Colorado careless driving injury lawyer to discuss your options and to determine if you have a case against the person who caused your injuries.

We have law offices in Denver and law offices in Colorado Springs. Our attorneys are able to meet with you at either location to discuss your careless driving matter. Contact us at (719)227-0022 in Colorado Springs and Southern Colorado, or at (303) 573-1234 in the Metro Denver area.

An important fact: there does not need to be an open wound to the skull for brain damage to have occurred. The forces created in automobile collisions combined with the hard surfaces in the small confinement the driver is trapped in allow many possible ways for the head to be damaged. However, some of the forces in car accidents are enough to simply cause the brain to internally smash into the internal walls of the skull, creating brain trauma, and leaving no external wound. The brain essentially keeps moving, while the head of the persons involved jerks and stops. This means of injury commonly can cause bruising and or brain hemorrhaging.

Another kind of trauma that is usually more serious is referred to as blunt trauma. This occurs when the heads of the persons involved in the accident come into violent contact with a stationary object, either in the vehicle, or outside (i.e. upon collision with something like the steering wheel, roof, etc… or upon collision with something after being thrown from the vehicle). In a case like this, the brain is actually injured opposite the point of collision. So, if someone violently hits his or her forehead on the steering wheel, the back of the brain has swiftly been pulled away from its relaxed position, and where the pulling has occurred, the injury occurs.

A final and interesting point to be understood about accidents and brain injuries that may have dramatically affected the victim’s life is that it is essential to evaluate the potential outside contributing factors to the accident. Referred to as “crashworthiness”, the safety of the vehicles involved ought to be examined strictly. In the case of crashworthiness, the element of fault is eliminated. What comes into question is, whether the vehicles involved in the accident effectively protected the persons involved in the crash as they should have, or not, as stated by traumaticbraininjury.com. If the vehicles did not protect the persons involved effectively, then the manufacturers of the vehicles are put into question. To examine all of the factors associated with your accident and your injury, you will be well advised to discuss your case with an experienced attorney to weed out all possible external factors.

If you or someone you love has received a traumatic brain injury,  Contact a Colorado Springs Traumatic Brain Injury Attorney to discuss you case. If you are looking for a Denver Brain Injury Lawyer please contact our Denver Offices at (303) 623-0123.

“Understanding Traumatic Brain Injury”. TraumaticBrainInjury.com. 20 Mar. 2012. <http://www.traumaticbraininjury.com/content/understandingtbi/traumatic-brain-injury-car-accident.html>