Author: Scott Reisch

What Factors Could Affect Your Breathalyzer Test?

What Factors Could Affect Your Breathalyzer Test?

If you are suspected of driving under the influence, a police officer may pull you over and ask you to take a breathalyzer test. This test is designed to measure your blood alcohol content (BAC) and determine whether you are above the legal limit of 0.08%. However, these tests are not always accurate. In fact, there are a number of factors that could affect your breathalyzer test and make it appear as if you are intoxicated when you are really not. Here are some of the factors that could impact your breathalyzer results:

Residual Mouth Alcohol

There are a number of consumer products that could leave alcohol behind in the tissues inside your mouth. Unfortunately, this residual mouth alcohol could be detected by the breathalyzer and lead to a false positive. Some of the products that are known to leave traces of alcohol include mouthwash and breath sprays. The alcohol from these items are believed to linger around for about 15-20 minutes after the products are used.

Medical Conditions

There are also certain medical conditions that could impact your breathalyzer test, including diabetes. People with diabetes have much higher levels of acetone in their system than non-diabetics. The breathalyzer device is designed to detect levels of ethyl alcohol, however it cannot tell the difference between ethyl alcohol and acetone. This means that the machine may report that someone with diabetes is intoxicated even when he is not.

Another medical condition that could affect the test results is gastroesophageal reflux disease, or GERD. This condition, which is similar to heartburn, causes gases from the stomach to travel upwards through the esophagus and the oral cavity. If someone with GERD has consumed a food or drink with alcohol content, the breathalyzer test could be inaccurate. This is because the test will detect a strong concentration of alcohol, which is actually caused by the regurgitation of concentrated gases and vapors from the stomach, and not heavy alcohol consumption.

Over the Counter Medications

Many OTC medications may also leave alcohol behind in a person’s mouth, which will affect the breathalyzer results. Medications used to treat coughs, colds, and canker sores often contain alcohol that the breathalyzer device could detect. Even using an asthma inhaler prior to taking a breathalyzer test could lead to inaccurate results. This is because some inhalers contain methyl chemicals, which is what the breathalyzer detects and interprets as alcohol.

Have you been charged with DUI? The attorneys at Reisch Law Firm know how to determine if your breathalyzer test results were inaccurate. Remember, a DUI charge does not always lead to a conviction, especially when you have an experienced attorney on your side. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Most Common Types of Fraud Crimes

Most Common Types of Fraud Crimes

Fraud is a broad term that can refer to a number of different illegal activities. There are many different types of fraud crimes, but the goal of each of these crimes is to illegally obtain something of value by using deception. Here’s a look at some of the most common types of fraud crimes in the U.S.:

Credit Card Fraud

This type of fraud is committed when someone illegally obtains another person’s credit card information and then uses this information to charge unauthorized purchases to the victim’s account. Credit card fraud is discovered when the victim either notices the unauthorized charges on his account or is notified of these charges after his credit card company detects suspicious activity.

Credit card fraud can also occur when someone uses false information when applying for a credit card. For example, he may provide inaccurate income information or open the account in someone else’s name, which is a form of identity theft.

Insurance Fraud

Many people who commit insurance fraud may not even know that they are committing a serious crime. For example, someone who submits a car accident claim to an insurance company and exaggerates his healthcare expenses is attempting to deceive the insurance company in order to obtain more money. This is one type of insurance fraud that is often referred to as “soft fraud” because people often think that telling a little white lie isn’t a big deal. Hard insurance fraud, on the other hand, occurs when someone intentionally causes damage or fakes an accident in order to recover compensation from an insurance company.

Mortgage Fraud

There are two general types of mortgage fraud. The first is referred to as fraud for housing, and occurs when someone provides inaccurate information to a lender in order to make his application more attractive and secure a loan to buy a house. The second type is fraud for profit, which occurs when an appraiser, broker, or other real estate professional is motivated to commit fraud in order to profit off of the sale of a property. For example, a loan officer could persuade an appraiser to increase the appraisal value of a home to match what the buyer is paying in order to complete the transaction.

These are some of the most common types of fraud, but they are far from the only fraud crimes that you may be charged with in Colorado.

If you are facing fraud charges, seek legal representation right away. The criminal defense attorneys at Reisch Law Firm have years of experience representing clients who are being accused of committing fraud. We will stop at nothing to protect your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Different Types of Warrants?

What Are the Different Types of Warrants?

Warrants are court orders that allow law enforcement officers to perform specific actions such as arrest a suspect of a crime or search a suspect’s property. There are several different types of warrants that you should know about in the event that you are ever being investigated for a crime.

Search Warrants

The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. Due to this amendment, law enforcement officers are required to obtain a search warrant from the court prior to conducting a search of someone’s property. The only way that a law enforcement officer can conduct a search without a warrant is if the property owner consents to the search or there are other circumstances, such as an imminent threat of danger.

A search warrant will only be issued if there is probable cause that there is criminal activity or evidence of a crime at the specified location. The warrant will contain detailed information on where the law enforcement officers are permitted to search, and officers must only search locations that have been pre-approved. For instance, if a search warrant is issued that allows an officer to search a suspect’s cell phone, he cannot also search the suspect’s computer without obtaining another warrant. If an officer shows you that he has a warrant to search your property, ask to see it so you can verify that he is searching the correct location.

Arrest Warrant

An arrest warrant gives law enforcement the authority to arrest one or more persons. In order to get this warrant, law enforcement officers must prepare a written affidavit that includes information on why they have reason to believe the person named in the warrant has committed a crime. A judge will review this affidavit and issue the warrant if he agrees that the evidence is strong enough to authorize the arrest.

Once the warrant has been issued, law enforcement officers are allowed to arrest the individuals listed on the warrant at any time.

Bench Warrant

Bench warrants are those that are issued after someone fails to appear in court. If this type of warrant is issued, it gives law enforcement officers the power to find the individual listed in the warrant and force him to appear in court. The individual may then have to face contempt of court charges for missing his scheduled court date.

If you have been charged with a crime or if you are under investigation for committing a crime, seek legal representation right away. The criminal defense attorneys at Reisch Law Firm will aggressively defend you against criminal charges and protect your rights throughout the legal process. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Personal Injury Terms You Should Know

Common Personal Injury Terms You Should Know

Personal injury victims often feel lost when talking to attorneys about their situation. One of the reasons why they feel this way is because of the many legal terms that attorneys use when discussing personal injury cases. If you feel as if your attorney is speaking a different language, it may help to become familiar with some of these common personal injury terms:

Damages

When you hear the word “damages,” you may think your attorney is referring to your physical injuries or property damage. But in the legal world, the term damages is actually used to describe monetary compensation that can be recovered in a personal injury case.

Contingency Fee

Has your lawyer mentioned that he works on a contingency fee basis? Most personal injury attorneys do. This means that you will not be responsible for paying any attorneys’ fees unless your attorney is able to recover compensation by reaching a settlement or winning a trial verdict. If your attorney fails to recover compensation for you, he will not be paid for his legal services.

Loss of Earnings

Some injuries are so severe that the victim is forced to take time off of work in order to recover. In other cases, the victim may be required to change to a less physically demanding job or give up working altogether. In these situations, the victim may be able to recover compensation from the defendant for her loss of earnings.

Negligence

This is a term that you will probably hear from your personal injury attorney a lot. Legally speaking, negligence is the failure to exercise a reasonable level of care. In simpler terms, it means that a person is acting in a careless manner. Negligence is often the reason why people are injured in car accidents, motorcycle accidents, slip and fall incidents, and many other personal injury cases.

Statute of Limitations

The state puts a time limit on how long victims have to file a personal injury case. In Colorado, personal injury victims have two years from the date of the injury to file a case. The only exception to this rule is if the victim was injured in a motor vehicle accident. These victims have three years from the date of the accident to file a lawsuit. After this time has passed, the victim loses the right to take legal action against the party that has caused him harm.

Have you been injured? If so, contact Reisch Law Firm today. Our experienced attorneys will always work closely with you to ensure that you understand everything that is going on in your personal injury case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Surprising Motorcycle Accident Statistics

Surprising Motorcycle Accident Statistics

By looking at a motorcycle, it’s easy to see why a motorcycle accident would be catastrophic. There is little standing between the motorcyclist and the road, so even a car traveling at a low speed could do a great deal of damage by colliding into a motorcycle. Learn more about these tragic collisions by taking a look at these surprising motorcycle accident statistics:

The average age of motorcyclists involved in fatal accidents is 42.

Many people assume that anyone involved in a motorcycle accident is a young adult who was driving dangerously because he loves to live on the edge, but that’s not necessarily the case. According to the National Highway Traffic Safety Administration (NHTSA), the average age of bikers killed in motorcycle accidents is 42. This average age has increased since 2004, when it was 38.

Many motorcycle accidents are caused by a violation of the motorist’s right-of-way.

About two-thirds of accidents involving a motorcycle and at least one other vehicle occur when the motorist violates the motorcyclist’s right-of-way. In many cases, the motorist violated the right-of-way because he did not even see the motorcyclist or didn’t see him in time to avoid a collision.

The average speed of a motorcycle at the time of an accident is 29.8 mph.

You may think that motorcycle accidents are often caused by bikers who are driving recklessly and speeding, but that’s not always true. Research has shown that motorcycles involved in a collision were traveling at an average speed of 29.8 mph prior to the crash, which is not very fast at all. This is about the speed limit that drivers are required to obey when traveling through residential neighborhoods.

Motorcyclists have less than two seconds to avoid an accident.

Studies have found that motorcyclists who are about to get into an accident only have about two seconds to attempt to avoid the collision, which is not nearly enough time to escape a dangerous situation.

Many motorcycle accident victims are self-taught.

Over 90% of motorcycle accident victims have taught themselves how to ride a bike or learned how to do it from a family member or friend. It’s possible that these individuals could learn crucial skills that could help them avoid future accidents if they attended formal training classes instead of relying on loved ones for advice.

Have you been injured in a motorcycle accident? Don’t wait any longer—contact Reisch Law Firm today. Our experienced attorneys can help you recover the maximum compensation available after an accident. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How to Investigate A Truck Accident

How to Investigate A Truck Accident

Truck accident cases can be complex partly because of the number of parties that may be liable for the victim’s injuries. Identifying the liable parties is one of the first steps that a personal injury attorney will take in a truck accident case, but it’s not easy. In order to determine liability, the attorney will need to conduct an investigation to gather more information on the cause of the accident. Here’s how an attorney will investigate a truck accident:

Obtain the DQF.

Federal regulations require trucking companies to keep driver qualification files, or DQFs, for every one of their drivers. After an accident, an attorney can obtain a copy of the driver’s file to see if he had a history of reckless driving. An attorney will also ensure the driver was qualified to operate a truck. If the driver had a history of reckless driving or was not qualified, the trucking company may be liable.

Demand the black box recordings.

Every truck has an electronic on-board recorder that is referred to as the “black box.” This device records information that may be vital to your case, including the speed the vehicle was traveling, whether the brakes were used, and steering changes. An attorney can use this information to determine exactly what happened in the moments leading up to the accident.

Inspect the truck.

Attorneys will also inspect the truck that was involved in the accident with the help of accident reconstruction experts, professional inspectors, and mechanical engineers. The inspection will help piece together the events of the accident and reveal if the truck was maintained properly. If the truck was poorly maintained, the trucking company may be liable.

Consider the cargo.

Overloading or improperly loading cargo onto a truck is dangerous and can lead to accidents. That’s why an attorney will need to determine how much cargo the truck was carrying at the time of the accident and how it was loaded.

Contact witnesses.

Attorneys will reach out to people who were involved in the accident and those who witnessed it to hear what they believe happened. Bystanders can often provide valuable information on the conditions of the road, traffic signs or signals that the truck driver failed to obey, and the speed at which the vehicles were traveling. Witnesses may have also noticed that the truck driver seemed intoxicated or extremely drowsy after the accident, which is information that your attorney will need to know. Their statements play an important role because they are not involved in the accident and therefore do not have anything to gain by blaming the truck driver.

In some cases, an attorney will also reach out to the police officer who responded to the scene of the accident.

If you have been injured in a truck accident, contact Reisch Law Firm as soon as possible. Our attorneys will immediately begin to investigate to determine the cause of the accident and identify the liable parties. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

What to Do After A Dog Bite

What to Do After A Dog Bite

Dog bites can happen for a number of reasons. The dog may suddenly feel threatened by your body language, movement, or tone of voice. He may become agitated if you come too close or try to play with him by waving a toy in front of his face. Dogs can be unpredictable sometimes, so it’s important to be prepared by learning what to do after a dog bite.

Seek medical attention.

Immediately following a dog bite, your first priority should be to seek medical attention. If the wound is deep, you will need to call 9-1-1 for emergency medical assistance. Even if the wounds are minor, you should still visit a doctor as soon as possible after the bite to prevent infection and ensure your injuries are documented.

Locate the owner.

Try to locate the owner of the dog so you can ask for his contact and insurance information. If you are able to find the owner, you should also ask him if the dog has been vaccinated. Victims who are unable to locate the owner of the dog may need to get a rabies shot as a preventative measure.

Collect information from witnesses.

If there were any witnesses to the dog bite, ask them for their contact information and try to find out what they saw. It’s important that you do not speak about the accident when talking to the witnesses. Don’t discuss your injuries or speculate as to what caused the dog to attack you.

Report the bite.

Animal bites should be reported within 12 hours to the animal protection agency within the county where the bite occurred. You will be asked to provide a description of the animal, the location of the dog bite, the owner’s information, and a brief summary of what happened.

Contact an attorney.

Finally, it’s in your best interests to contact a personal injury attorney as quickly as possible after you are bitten by a dog. An attorney will immediately begin to work on your case to gather evidence, identify the liable parties, and negotiate with the negligent party’s insurance company. If the at-fault party’s insurance company contacts you, do not give a statement or answer any questions until you have consulted with a lawyer.

If you have been attacked by a dog, contact Reisch Law Firm as soon as possible. Our attorneys will work tirelessly to hold the dog’s owner responsible for your injuries and recover the compensation that you deserve. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

The Steps of a Criminal Case

The Steps of a Criminal Case

Many people aren’t sure of what to expect after they have been arrested, which can cause a lot of stress and anxiety. In the event that you are ever taken into custody, it’s important to understand the steps of a criminal case.

Arraignment

Within a few days after your arrest, you will appear in court before the judge for your arraignment. The judge will inform you of the criminal charges against you and ask you to enter a plea. Defendants can either plead guilty, not guilty, or no contest. The judge may also decide to set bail at the arraignment or announce that you are being held without bail.

Preliminary Hearing

If you have been charged with a felony, a preliminary hearing may be scheduled in your case following the arraignment. During this hearing, the prosecutor will present the evidence that you committed a crime to the judge. The judge will carefully review the evidence to determine if the case against you is strong enough to warrant a trial. If the judge does not believe there is sufficient evidence, the charges against you will be dropped.

Pre-Trial Conference

Both sides will begin preparing to take the case to trial. Before the trial begins, there will be a pre-trial conference regarding your case. During this conference, the defense and the prosecution may negotiate the terms of a plea bargain for the defendant. This conference is also used to file motions, which are requests submitted to the judge asking him to rule on a certain matter. For instance, a criminal defense attorney may file a motion to have certain evidence excluded from the case. The judge will typically rule on these motions during this pre-trial conference.

Trial

If you do not accept a plea bargain, the case will proceed to trial. Your criminal defense attorney will work with the prosecution and the judge to carefully select an unbiased jury that will be responsible for deciding your fate. After the jury has been finalized, the trial will start.

The trial will begin with an opening statement from the prosecution, followed by an opening statement from the defense. Each side will then have the opportunity to call witnesses, introduce evidence, and present their case, with the prosecution going first. Each witness will be cross-examined by the other side’s attorney before stepping down from the stand.

After both sides have presented their cases, they will each get to make a closing argument to the jury. Then, the jury will be given instructions and sent to deliberate. The jury members will return to the courtroom when they have reached a verdict, which will be read to the court.

Sentencing

If you plead guilty or no contest or you are found guilty in court, you will have to attend another hearing for sentencing. This is where you will be informed of any fines, community service, probation, jail or prison time.

If you have been arrested, contact Reisch Law Firm as soon as possible. Our attorneys can represent you throughout the entire legal process to defend you against the charges and ensure you are making the best decisions for your future. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

How to Respond to the First Settlement Offer

How to Respond to the First Settlement Offer

If you have been injured in an accident caused by another person’s negligence, at some point you will most likely receive a settlement offer from the at-fault party’s insurance company. In fact, it’s estimated that around 95% of personal injury cases are settled outside of the courtroom, so it’s important to know how to respond to the first settlement offer.

First, consider the timing of the offer. Some insurance companies will attempt to settle with you as quickly as possible after the accident. This may sound appealing, but if you settle shortly after you have been injured, you may not even know the true value of your claim. It takes time to gather evidence related to the case and determine the cost of your medical expenses. If you don’t have all the information yet, you won’t know if it’s a fair offer or not. It’s also important that you never accept a settlement without consulting with an attorney. If you haven’t even had time to contact an attorney, it’s best to wait to get his advice.

You should also consider the insurance policy limits before responding to the first offer. If a negligent truck driver has an insurance policy limit of $100,000 and you are only being offered $10,000 despite the severity of your injuries, it may be possible to get a better offer.

Most of the time, the first settlement offer will be low, so don’t let this take you by surprise. If you would like to submit a counteroffer, an attorney can help you put this request in writing. The counteroffer should include evidence that proves the defendant was liable and information related to your injuries. Prove why the counteroffer is reasonable by discussing the medical expenses you have incurred and the pain that you’ve experienced as a result of the injuries.

Although most first offers are low, you should never automatically reject the first offer without reviewing it. In cases where there is a significant amount of evidence proving liability and serious injuries are involved, the insurance company may want to avoid going to trial at all costs. Therefore, the insurance adjuster may make a fair first offer in an attempt to resolve the case outside of the courtroom.

Have you been injured in an accident caused by another person’s negligence? If so, contact Reisch Law Firm as soon as possible. It’s in your best interests to talk to our attorneys prior to accepting a settlement offer. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

Common Causes of Slip and Fall Accidents

Common Causes of Slip and Fall Accidents

Slip and fall accidents occur when a visitor on someone else’s property falls and injures himself due to a hazardous condition. There are countless hazards that could cause you to lose your balance and fall while visiting someone else’s property, however some are more common than others. Here are some of the top causes of slip and fall accidents:

Stairs

Slip and fall claims often arise from injuries that occur on defective stairs. Property owners must pay close attention to their stairs to ensure the flooring material is in good shape. If the flooring is worn down or torn, it could create a safety hazard that leads to a slip and fall accident. Property owners should also be careful when waxing or polishing the stairs, as this can make the floors slippery and create a potential hazard. Finally, property owners have an obligation to remove debris from the staircase and ensure there is a handrail for visitors to use while they walk up and down the stairs.

Floors

One of the most common causes of slip and fall accidents is a wet floor. Floors can become dangerously wet when there is a spill, water leak, or when the floors have recently been polished or waxed. In the event that there are wet floors, a property owner should take action to either dry the floors or put up signage or barriers to prevent visitors from slipping. Carpeting can also create a potential hazard if it is torn, worn down, or bulging in some areas.

Weather Conditions

If ice or snow begins to accumulate in an area where visitors often walk, property owners should remove it to prevent injuries. In some cases, visitors may create potential hazards by coming inside a building with wet shoes or clothing and dripping water onto the floor. Even though visitors have created this hazard, it’s still up to the property owner to take care of it.

Inadequate Lighting

Slip and fall accidents that occur in parking lots at night are often blamed on inadequate lighting. The victim may be unable to see uneven sidewalks, potholes, or cracks before it is too late. To prevent this from happening, property owners must add lighting to outdoor areas where visitors walk.

Have you been injured in a slip and fall? If so, contact Reisch Law Firm today for the legal representation that you need to recover compensation for your injuries. Schedule a free consultation by calling 303-291-0555 or filling out this online form.