Colorado Springs Criminal Defense Blog
Colorado Passes Felony DUI Bill
Colorado has passed a bill which significantly increases the penalties for those who have prior drinking and driving convictions. On June 1, 2015, Governor John Hickenlooper signed House Bill 15-1043 into law. This new law elevates a fourth conviction or greater for DUI, DUI Per Se, or DWAI over the course of a person’s lifetime to a class 4 felony offense. Addressed below are some frequently asked questions pertaining to the new law.
Q. When Does The New Law Go Into Effect?
A. The new law goes into effect on August 5, 2015. Any violation committed on or after that date has the potential to be charged as a felony so long as the statutory requirements are met.
Study Shows Crime Rates Are Low Even in the “Ten Worst” Colorado Counties
Analyzing the FBI’s most recent crime statistics for Colorado, a group of researchers at FindTheBest.com ranked Colorado’s counties according to violent crime rates. And although the site’s “Ten Worst Counties” list has been making the rounds on the Internet, a second look at the numbers reveals that even in these so-called “worst” counties, the number of violent crimes tracked is lower than it is in many other U.S. locales.
Counties on the “ten worst” list includes:
- Saguache County. Ranking at number nine on the list, Saguache County recorded 322.6 violent crimes per 100,000 people – but with a low overall population, these numbers included no murders, only two robberies, and 15 assaults.
What is Colorado’s “Express Consent” Law?
When a police officer stops a Colorado driver on suspicion of driving under the influence (DUI), the officer may ask the driver to participate in a chemical test for alcohol or drugs. Often, this is performed as a “breath test” using a device like a Breathalyzer or a Datamaster.
Although it can be tempting to refuse to take this test, the consequences of doing so can be severe. Colorado is an “express consent” state. This means that drivers are expected to consent to a chemical test when asked, and if they do not do so, they risk having their driving privileges suspended. If the officer has probable cause to believe the driver is breaking the state’s driving under the influence (DUI) laws, the driver may also be arrested.
Colorado DUI Laws also Cover “Drugged Driving”
Most Colorado drivers think of alcohol when they hear the term “driving under the influence” or “DUI.” But Colorado’s DUI laws also cover driving while affected by other drugs, whether they are legally prescribed medications, controlled substances, or other substances.
According to the Colorado Department of Human Services, about five percent of all drivers involved in accidents in 2012 were under the influence of marijuana at the time of the crash. Although Colorado recently legalized private use of marijuana in many circumstances, the state still treats driving while under the influence of marijuana as a crime. Drivers may be arrested and face charges if a chemical test finds five or more nanograms of active THC per milliliter of blood.
Report: Colorado Marijuana Arrests Have Decreased, but Racial Disparities Persist
A recent report indicates that although the number of charges filed for marijuana possession have dropped dramatically in the past year, charges are still being filed disproportionately against racial minorities, according to an article in the Colorado Springs Gazette.
The report, based on an analysis by the Drug Policy Alliance, found that charges for marijuana possession, distribution, and cultivation dropped from about 39,000 charges filed in 2010 to just over 2,000 filed in 2014. This represents a decrease of about 95 percent, according to the report.
The Bussey Law Firm, P.C. Featured in the Colorado 2015 Issue of Super Lawyers Magazine
Trial lawyer Timothy R. Bussey is honored to be selected for inclusion in the Super Lawyers for the fourth consecutive year in a row. He is featured in the 2015 Colorado issue of Super Lawyers Magazine – an exclusive listing of only the best rated and peer recognized attorneys in the United States. Only five percent of those who qualify are chosen each year in each state, following a thorough process of evaluation that includes peer reviews, nominations, and independent research.
Mr. Bussey’s feature in the prestigious listing highlights his 23 years of experience and success in defending individuals accused of crimes. His consistent results in burglary, white collar crime, DUI, and unlawful sexual conduct cases, to name only a few, have earned him membership in The National Trial Lawyers Top 100 and the AV Preeminent rating by Martindale-Hubbell.
Colorado Appeals Court Rules That Defendants May Search Victims’ Homes
An appeals court in Colorado recently ruled that a person facing criminal charges in Colorado may search a victim’s home in order to gather information that may help their defense, according to a recent ABC News report.
The appeals court considered a case in which a man accused of sexual assault was denied access to the alleged crime scene, which was in a family member’s basement. The court ruled that because the accused individual already had photos of the crime scene, it was not inappropriate for the trial judge to deny him access to the scene itself – but the court also said that trial judges are allowed to grant access to crime scenes in similar cases, whether or not a scene is in an alleged victim’s home.
Colorado Lawmakers Introduce Bills to Address Crime in Schools
In 2014, the Colorado Department of Education registered over 6,000 allegations involving drugs, nearly 4,000 alleged assaults, and about 700 allegations of dangerous weapons being found in the state’s public schools. Colorado law enforcement are required to report allegations of crime that they investigate in schools – but according to some Colorado lawmakers, those reports are not occurring as frequently as they should.
That’s why a few lawmakers are attempting to strengthen reporting requirements for schools through new laws introduced in recent months, according to a news report from CBS 4. According to lawmakers who support the new legislation, the rules passed in 2012 to require reporting are weak because they are unfunded and because there is no single, uniform reporting system. The proposed bills aim to change both circumstances in order to improve both the frequency and the quality of reports.
Supreme Court Refuses to Hear Colorado’s Appeal of DUI Blood Tests Without a Warrant
According to the Associated Press, the U.S. Supreme Court refuses to hear an appeal from Colorado officials who are hoping to give authorities the right to take blood samples from suspected drunk drivers without first receiving permission or a warrant.
In 2013, Colorado officials argued that police officers should be able to draw blood samples from suspected drunk drivers without a warrant because the time it takes to get a warrant can interfere with the evidence. By the time the police have a warrant the suspect’s blood alcohol levels will have decreased.
County Prosecutors Ask U.S. Supreme Court to Review Colorado DUI Case
Prosecutors in Arapahoe County recently petitioned the U.S. Supreme Court to review a driving under the influence (DUI) case heard by a state judge and reviewed by the Colorado Supreme Court, according to an article in the CT Post.
The case involves a 2012 traffic accident in which a driver was given a blood test without his consent and without the police first obtaining a warrant to draw the driver’s blood. The test results said that the driver’s blood alcohol concentration (BAC) was nearly three times the legal limit of 0.08 percent.