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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.
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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This is our first posting for 2009. We wanted to highlight some recent changes at DMV. New reinstatement procedures: DMV has changed its procedure for reinstatement of driver's licenses that were revoked or suspended for non-payment of child support, no insurance or points. You may now reinstate your license at a full-service driver's license office. It is no longer necessary for you to submit the reinstatement application by mail. Reinstatement continues to be only by mail for alcohol related revocations. New Express Consent law: For cases occurring on or after January 1, 2009 the procedure for express consent hearings has changed. If your license is revoked for excess alcohol (a BAC over .08), the period of revocation has increased to 9 months. If you want to reinstate early, you will have to install an interlock in your car for 8 months. (This can be removed early if there are 4 consecutive months on the interlock without any problems). Drivers with a BAC over .170 will need the interlock for 2 years. With the provisions for early reinstatement with the interlock, we won't be doing hearings for a probationary driver's license. The early reinstatement provision is automatic (as long as you have the interlock installed) and there are no restrictions on the time or place where you can drive. Some clients have asked how the interlock system will work if they must move out-of-state. This can be very complicated. We suggest that you call us so we can discuss your situation and go over the various options that are available. Obviously, in early 2009, there will be some overlap and probably some confusion. You will need to make sure that the right law is being applied to your case. Now that the state legislature is in session, we will devote space in future postings to new laws that have been proposed. Please contact us if you have any questions.
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HB1194 which will change the length for first time express consent revocations from 3 months to 9 months and require installation of an interlock device for early reinstatement has passed the General Assembly and is on the Governor's desk for his signature. If signed by the Governor, these changes will go into effect for cases filed on or after January 1, 2009. SB140 which would allow a police officer to request a person involved in an accident resulting in death or serious bodily injury to submit to a blood or breath test was postponed indefinitely by the House Judciciary Committee. SB76 which is awaiting the Governor's signature will allow the court to impose conditions on people appearing on a summons on a DUI case including an evaluation and treatment.
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