DUI Cases

Kidneigh & Kaufman, P.C. represents clients in both criminal and civil matters.  One of the most common criminal charges is Driving Under the Influence.  The odds are that everyone knows someone who has been charged with Driving Under the Influence or Driving While Ability Impaired.  A DUI or DWAI can have serious implications for individuals including potential jail time, losing your driver’s license, probation and associated costs, fines, alcohol classes, and mandatory community service.  After receiving a DUI, many people do not know what to do.  Even though people may not be ready to hire an attorney right away, it is important that they protect their rights after they receive a DUI or DWAI.  One way people can do this is to request a hearing with the Department of Motor Vehicles (DMV) within 7 days after receiving their DUI or DWAI.  By doing so, people may be able to get a temporary license until the hearing and may be able to get their licenses back at the hearing.  However, if you don’t request the hearing within 7 days of your DUI or DWAI, you will lose your right to a hearing absent special circumstances.  Call Kidneigh & Kaufman, P.C. today for your DUI or DWAI case.  

In a recent series of Colorado Supreme Court Cases, the Court held that evidence of amounts paid by health insurance companies, Medicare, etc. (otherwise known as “collateral sources”) to cover an injured Plaintiff’s medical expenses are not admissible into evidence.  As a result, this means the jury will only hear evidence of the amount of medical expenses actually billed to the Plaintiff versus the reduced amount that was paid by a collateral source.  This is a great victory for Plaintiffs since juries will now be less likely to unfairly reduce their award to the Plaintiff by the difference between the amount billed and the amount paid.  The citations to these cases are as follows:

Wal-Mart Stores, Inc. v. Crossgrove: Supreme Court Case No. 10SC516

Smith v. Jeppsen, et al.: Supreme Court Case No. 11SA51

Sunahara v. State Farm: Supreme Court Case No. 10SC409

Like most football fans, I have been following the coverage of the Saints bounty program very closely.  For those who don’t follow the NFL as closely as I do, the New Orleans Saints allegedly had a bounty program in which defensive players were to be paid for big hits that knocked opposing players out of the game.  Jonathan Vilma is alleged to have participated in the bounty program and have also contributed $10,000 of his own money to the program.  For his involvement in the bounty scheme, NFL commissioner Roger Goodell suspended Mr. Vilma for one full year.  In response, Jonathan Vilma has filed a defamation lawsuit against Roger Goodell and the NFL based on their statements regarding his involvement in the bounty scandal.  I can’t remember any other time when a player of a major sport sued the commissioner of that sport.  It will certainly be a tough road for Mr. Vilma as he will have to prove that Roger Goodell knew his statements were false, acted with malice, and caused damages and personal injuries to Jonathan Vilma.  If Jonathan Vilma is successful, it could totally change the relationship between the players and the commissioners office.  Stay tuned to see what happens. 

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