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Welcome to the first edition of the Daniel, Thom & Katzman, P.C. blog. In this space, we hope to discuss topics of interest and provide you with information involving DUI, traffic and criminal cases in Colorado. We plan to update this periodically so check back. Now that the Colorado General Assembly is back in session, a number of bills have been introduced concerning DUI cases. Here are a few of the more interesting bills: HB 08-1071 would have changed the background colors on drivers licenses for people convicted of certain alcohol related offenses. This bill was postponed indefinitely on January 24, 2008, which means that it is most likely dead (at least for this legislative session). HB 08-1194 which was introduced on January 22, 2008 by Representative Judd of Denver, would extend the length of driver's license revocations, expand the use of ignition interlock devices, increase the cost to reinstate a driver's license and provide for "high-visibility drunk driving law enforcement episodes." The specifics of this bill would require a nine month revocation for a first time conviction for DUI or Driving With Excess Alcohol. A 1 st Express Consent revocation would increase from 3 to 9 months A 2 nd Express Consent revocation would remain 1 year. A 2 year revocation would be added for a 3 rd or subsequent revocation. With a 9 month Express Consent revocation, a driver would be eligible for early reinstatement after 1 month with the installation of an ignition interlock device. The interlock device can be removed if there are 4 consecutive months of no aborted starts with the interlock. The license reinstatement fee would increase from $60 to $130. This bill was approved by the House Transportation & Energy committee on a bi-partisan 13-0 vote. It is now off to the House Appropriations committee. HB 08-1184 which was introduced by Representative Lambert, makes it a class 2 traffic offense to drive in Colorado without a current driver's license if you are illegally in the United States. The penalty is a county jail sentence of 5 days to 6 months and a fine of $50 to $500. The minimum 5 day sentence is mandatory. It also requires the mandatory arrest and impounding of a vehicle for persons arrested under this section. This bill was postponed indefinitely by the House State, Veteran & Military Affairs committee on February 7, 2008. We will keep track of the progress of HB 08-1194 and other bills of interest affecting the DUI and criminal law in future editions of the Daniel, Thom & Katzman, P.C. blog.
Recently a former client asked us to represent him in a Driving Under Restraint (DUR) case. Several months earlier, the client unknowingly caused his driver's license to be revoked by pleading guilty to a second Driving While Ability Impaired (DWAI) case. In the case we were asked to handle, the client had been driving to work when he was stopped by a police officer. The officer said he made the stop because the year and month stickers on our client's rear license plate were obscured by his bumper. We had our client take pictures of his license plate from different distances. The pictures showed that the stickers on the license plate were visible and clearly legible, as required by statute. When the case went to court, we provided the pictures to the District Attorney who agreed that the officer had stopped our client without a reasonable suspicion and dismissed the case. As a result of our efforts, the client avoided a mandatory jail sentence and an extension of his revocation. If you have a question about this or some other legal issue, please give us a call so we can discuss your situation.
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We recently had a successful outcome in a DUI case we handled in Denver County. Earlier this year, our client was stopped by a Denver Police officer in a parking lot in LoDo. The officer indicated this was a high crime area and he thought it was suspicious to see a car parked in the lot with the engine running at 2:45 am. As the officer began to approach, our client backed up and began to drive away. When the officer contacted our client, he smelled an odor of alcohol. The officer said that our client had bloodshot watery eyes and slurred speech. He had our client perform field sobriety tests which he said he failed. A breath test was performed with a BAC of .076. Our client was arrested and charged with Driving While Ability Impaired and Driving Under Restraint. We filed a Motion to Suppress Evidence. A hearing was recently held in Denver County Court. We argued on our client's behalf that the stop was illegal and all evidence that was obtained after the stop should be suppressed. The court agreed and found that the officer was acting strictly on a hunch and did not have any objective, specific facts that our client had or was going to commit a crime. All of the evidence was suppressed and the District Attorney dismissed the case.
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The legislative session for 2009 has come to an end. Fortunately, the legislature did not devote much of its attention to the area of DUIs and criminal law. Some of the highlights are: - People arrested on or after September 30, 2010 for a felony will be required to submit to DNA testing. (SB 09-241). This bill has been sent to the Governor for his signature.
- In another bill, if someone fails to appear at DMV for a suspension hearing, the suspension will go into affect immediately. The 20 day grace period that had been in effect has been eliminated. (HB 09-1234). This bill was signed by the Governor on April 3, 2009.
- Perhaps of greatest significance to our clients is HB 09-1266. This bill will do away with driver's license revocations for those who are convicted of criminal mischief involving damage to a motor vehicle or defacing property; certain drug offenses and minors convicted of marijuana possession. It also changes the drivers license penalties for underage drinking or minor in possession of alcohol (MIP). Under this law, DMV can revoke a driver's license for someone convicted of MIP who fails to complete a court ordered alcohol evaluation or treatment. A second MIP conviction will also cause a revocation. DMV will revoke the license for 3 months after a first conviction and failure to complete the evaluation or treatment. A 6 month revocation will take place for a second conviction. This bill has been sent to the Governor for signature.
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The legislative session for 2009 has come to an end. Fortunately, the legislature did not devote much of its attention to the area of DUIs and criminal law. Some of the highlights are: - People arrested on or after September 30, 2010 for a felony will be required to submit to DNA testing. (SB 09-241). This bill has been sent to the Governor for his signature.
- In another bill, if someone fails to appear at DMV for a suspension hearing, the suspension will go into affect immediately. The 20 day grace period that had been in effect has been eliminated. (HB 09-1234). This bill was signed by the Governor on April 3, 2009.
- Perhaps of greatest significance to our clients is HB 09-1266. This bill will do away with driver's license revocations for those who are convicted of criminal mischief involving damage to a motor vehicle or defacing property; certain drug offenses and minors convicted of marijuana possession. It also changes the drivers license penalties for underage drinking or minor in possession of alcohol (MIP). Under this law, DMV can revoke a driver's license for someone convicted of MIP who fails to complete a court ordered alcohol evaluation or treatment. A second MIP conviction will also cause a revocation. DMV will revoke the license for 3 months after a first conviction and failure to complete the evaluation or treatment. A 6 month revocation will take place for a second conviction. This bill has been sent to the Governor for signature.
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