Having a BAC limit for drunk driving cases offers a sense of consistency in the investigative and criminal process. Setting a THC limit, supporters suggested, would offer that same consistency and deter people from driving while impaired by marijuana. Though the proposal had met some success in Colorado recently, it hit a wall on Tuesday by failing within the Colorado Senate.
]]> It's no surprise that those against setting a THC limit are relieved by the failed legislation, but they might not be breathing as easily as in the past. This time around, the DUI marijuana bill got extremely close to getting through the senate. The Associated Press reports that with simply one more vote for the bill, the bill would have passed. The absence of one senator left the senate at a 17-17 vote. It was a close call, proving that this is a complicated legal matter within the state that both sides are passionate about.As is, drivers can be charged with driving under the influence of marijuana, but there is no set THC limit for officials to go on with regards to the criminal process. Simple observation by an officer works to support a charge and potential conviction. The proposed THC limit, if passed, would have probably worked to secure more DUID charges and conviction. Opponents against the proposal saw that as threatening because the science behind THC levels in the body is not incredibly dependable.
This is sure to come up again within the state, and we will post an update if that happens.
Source: The Associated Press, "Marijuana DUI standard dies a 3rd time in Colorado," Kristen Wyatt, May 15, 2012
]]>Why would a person not responsible for a traffic violation be required to pay the traffic tickets? A couple of factors worked against the mother in this frustrating scenario. First, law enforcement doesn't look at the driver in the picture caught by red light cameras; rather, they look at the license plate and whom the vehicle is registered to when deciding to whom the ticket belongs.
]]> Reports indicate that the pictures of the supposed red light violations clearly prove that the mother wasn't the driver. She recognizes the driver as her daughter who's been driving the car in the photo that is registered to her mother. The daughter allegedly ran a red light and was captured by Colorado's cameras on two occasions, leading to two separate traffic citations getting sent to the address of the car owner.That is where the second hiccup comes into play. The traffic citations were sent to the address listed on the car's registration. The mother wasn't living there, meaning that she didn't know about the violations and fines that she supposedly owed. By forgetting to update her address on her car registration, she missed the legal notifications that went to her old address and missed the timeframe during which she could have effectively challenged the citations.
The two tickets went from costing the suspect $75 each, then $115 each and now to a total of almost $300. The prices escalated because of the suspect's tardiness in paying them. The tickets went to collections and now the mother who never ran a red light in the first place not only still owes money for tickets she doesn't deserve, but her credit score could also take a hit.
Source: 9 News, "Woman forced to pay red-light tickets when she wasn't driver," Will Ripley, May 1, 2012
]]>The Colorado Springs Gazette reports on the rehabilitative success of a veteran who could have faced a tougher time for a drug crime after he got into a car accident. His status as a veteran and his personal mental health situation, however, got him a spot in Colorado's Veterans Trauma Court.
]]> Beginning in 1997, Colorado has tried to more thoughtfully find alternative ways to handle veterans who land in the legal system. The first specialized court was designated to drug-related issues. Since then, such veteran-focused programs have spread that better cater to the counseling and rehabilitative needs of many military veterans.The specific veteran mentioned above served in Iraq, where he saw his fellow soldiers killed in a helicopter accident. Once he returned home, he reportedly abused drugs to self-medicate and got into an accident after driving under the influence. Last Thursday, he graduated from the special veteran court program.
To succeed in the program, he went through counseling and drug rehabilitation. He also had to submit to drug tests throughout the course of the program. He is just one of more than 100 veterans in-need who has had the opportunity to benefit from the Veterans Trauma Court.
Drug rehabilitation can be a powerful life change for the individuals who struggle with drug problems. When the system finds ways of more effectively address drug crime through rehabilitation, that suggests that more access to alternative programs would benefit not just veterans but many other defendants in drug cases as well.
Source: Colorado Springs Gazette, "Court offers alternatives for veterans facing felony charges," Jakob Rodgers, May 3, 2012-05-10
]]>At least one instance of an innocent man being sent to prison has a happy ending. A Colorado suspect was sentenced to life in prison without the possibility of parole after being found guilty of the 1994 sexual assault and murder of a woman. He has maintained his innocence from arrest until today, and those years of insistence have finally been validated because of a DNA test that has finally set the man free.
]]> Officials were able to collect DNA evidence from the Colorado murder scene. Semen found at the crime scene didn't match the suspect from the beginning, but newer DNA tests were able to find a supposed match to the DNA. The semen reportedly matched other evidence found from a similar rape/murder crime that took place in Colorado several years before the 1994 crime.The innocent man was released from prison late last month and now faces freedom but also the daunting reality of living in a society that has moved on while he's been wrongfully locked up. The suspect whom is believed to be the man responsible for the 1994 rape and murder is currently serving a life sentence for another similar crime.
The freed man's lawyer suspects that his client wound up in prison for the severe crime because of a jury motivated by the wrong goal. The jurors wanted to hold someone accountable for the violent crime when they should have been more concerned about holding the guilty person accountable for the crime.
Source: Daily Camera, "DNA evidence clears Colorado man who has served 18 years of life sentence for murder," Jessica Fender and Nancy Lofholm, April 30, 2012
]]>The marijuana DUI bill was created by lawmakers who are reportedly worried about the number of car accidents caused by drivers who aren't drunk but who have THC in their systems. Supporters of the bill believe that there needs to be a set THC limit in order to deter people from smoking and driving and to give the legal system a consistent way to handle DUI cases involving marijuana.
]]> Currently, there is no set THC limit that the system goes by to charge and convict a suspect of driving under the influence of pot. While supporters of SB 117 see that as a problem, opponents of setting a limit argue that THC levels aren't as telling as, for example, BAC levels. A long-term, legal user of medical marijuana could supposedly have a high enough THC level to warrant a DUID charge under the terms of the proposed law without him being impaired at all, according to opponents.If ultimately passed, the proposed marijuana DUI bill would set the legal THC limit at 5 nanograms per milliliter of whole blood, even if a person isn't seemingly impaired. The science of the blood test would be enough to charge and likely convict DUID suspects, which is a threatening thought for some due to the mistakes already often made with other sobriety tests currently used in drunk driving cases.
Source: KJCT Grand Junction, "Senate OKs Marijuana DUI Bill," Don Coleman, May 2, 2012
]]>But that proposal has come to a halt, at least a temporary one. The proposal to reclassify some drug crimes as misdemeanors that used to be felonies caused enough worry within the system that lawmakers have decided it would be too soon to pass such a change. That change, however, could take place in about six months from now.
]]> Sources report that the legislation won't be passed now. Instead, the Colorado Commission on Criminal and Juvenile Justice will conduct a study into the matter to better assess what changing the drug laws would mean for the state. Based on that study, a new legislative proposal will be created to address the matter of drug crimes involving juveniles and those defendants whom some believe are drug addicts in need of treatment more than prison.The mission behind the proposed legislation has been to lower the population in Colorado prisons and to actually address the root of the drug problems in the state -- addiction. Lawmakers for changing the laws wanted to take the money that would be saved by not putting certain offenders in prison and put it toward drug counseling and treatment programs.
It sounds like we will have a reason to revisit this matter by the end of the year. For now, Colorado's drug laws will remain as-is, meaning that a felony charge won't be uncommon for suspects.
Source: Health Policy Solutions, "Bill calling for drug misdemeanors morphs into a study," Katie Kerwin McCrimmon, April 26, 2012
]]>Accidents often occur in work zones because drivers don't slow down enough or they fail to leave enough space for road workers. As a result of those accidents, this week is National Work Zone Awareness Week. More eyes might be on work zones in Colorado, potentially meaning that driving citations related to speeding or other violations could be more readily handed out.
]]> Fox 31 News in Denver reports that on average there are more than 800 work zones throughout Colorado every year. Last year alone, 10 people were killed in work zone accidents, and another 96 were injured. Rear-end collisions are the most common type of accidents in work zones.Safety advocates suggest that drivers leave earlier to get where they are going so that they are not rushing on the roads. Also, distracted driving and drunk driving also have habitually contributed to the number of motorists and workers killed in work areas. This awareness week could mean that officials are on the lookout for those driving behaviors more than usual.
Accidents happen, and from those accidents criminal charges can follow. Being charged with a traffic violation isn't minor. A person's ability to drive is threatened in the state when they are convicted of certain traffic violations. Losing one's license threatens their livelihood, making it valuable to fight what might seem like just a minor driving citation.
Source: Fox 31 News in Denver, "CDOT: Drive safely as more 'cone zones' appear," Jon Bowman, April 24, 2012
]]>That is a scary reality, given that lab technicians make mistakes with the blood tests. In Colorado, about 1,700 blood alcohol tests related to DUI cases are being retested because it was proven that one test was wrong in its results. And the result suggested that a Colorado DUI suspect's BAC level was higher than it actually was.
]]> You can understand how serious that realization regarding the blood test was to defense attorneys. Now, the batch of tests that a particular lab technician did between October 2011 and March 2012 are all being retested. So far, according to a Denver report, 10 tests have been found to be faulty.The DUI cases connected to the tests are all pending. Fortunately, that means that no suspects have been sentenced as a result of a faulty test. It is crucial that their initial tests be retested in order for the information presented to the court to be accurate. A higher BAC level can mean more a more significant charge and sentencing.
This recent finding highlights the danger of tests used in drunk driving cases. While people often put so much trust in science and numbers, people are still involved with the tests and the numbers. People make mistakes, and those mistakes can have a great negative impact on a suspect's future and freedom.
Source: KMGH Denver, "State Fires Lab Analyst, Retests 1,700 DUI Blood Samples," Lance Hernandez and Thomas Hendrick, April 20, 2012
]]>Despite tradition, however, administration on the Colorado campus has decided this year that no celebration will occur. In order to stop what's referred to as the 4/20 marijuana smoke out, officials have announced that they will close the campus to any non-students. This announcement hasn't been met with total acceptance.
]]> Classes are scheduled to go on tomorrow and only students with their ID cards will be allowed on the campus. Anyone else will be ticketed. The reasoning behind this move is to prevent the interruption of classes as well as the cleanup and security that The Huffington Post reports cost the school an estimated $50,000 a year.Those who oppose closing the campus suspect that the measure will work to provoke people and lead to more problems on campus. Others, including members of the ACLU, argue that closing the campus violates people's rights to protest and freedom of expression. That argument, however, brings up the question of whether the smoke out is a legit protest or just a party.
Tomorrow's date will likely mean more than a highly controlled Boulder campus. It will probably mean that law enforcement will be out looking for people using marijuana and making drug arrests. Know your rights, and if you do wind up in trouble, a criminal defense attorney in your area can explain them to you.
Source: The Huffington Post, "CU-Boulder 420 Shut Down: City Council, ACLU Voice Concern Over Campus Closure," April 18, 2012
]]>Imagine being a parent and having people suggest that you are responsible for injuries to your child when you, in fact, had nothing to do with those injuries. In 2008, a Colorado father became the prime suspect of child abuse when medical professionals discovered his baby girl had various broken bones. Those injuries were not the result of abuse from the father, or anyone.
]]> Authorities took the 3-month-old child out of the custody of her parents due to suspicion of child abuse. Reports do not indicate that there had been prior reason to support the suspicion that the family was involved with violence.Before the truth could be discovered regarding the baby's injuries, extreme tragedy took place. The accused father reportedly shot his wife and then himself in their home. They both died, and just days before it was discovered that their baby's injuries were due to a rare genetic disorder that killed her before her first birthday.
This is a case of severe accusations and intense emotion. This post is not to say that the domestic violence allegation directly led to the murder-suicide. This is just an extreme example of why it is crucial for accusations of child abuse to be handled with thorough investigation and extreme sensitivity.
Source: The Huffington Post, "David And Tiffany O'Shell Murder-Suicide Triggered By Allegations Of Child Abuse, Posthumously Cleared By Genetic Test," April 3, 2012
]]>According to The Daily Sentinel, two officers with a ride-along-trainee in their vehicle approached a DUI suspect's home on July 20, 2010. The officers went to the door of the home, reportedly attempting to kick it in. They did not have a warrant but claimed that they didn't need one due to supposed probable cause. The story gets more complicated.
]]> Not only did the officers try to get into the suspect's home without a warrant, but the incident ended with a fatal gunshot. One of the officers shot his gun at the DUI suspect, killing him. So now, not only is there a debate regarding whether the officers were violating the suspect's right to be protected from unreasonable search and seizure, but there is also a debate regarding whether the officer was right in shooting the suspect.The questions intertwine to make this a complicated case. Prosecutors argue that the officers did not have the right without a warrant to aggressively pursue the house. They were eyeing the DUI suspect for a misdemeanor, not an offense serious enough to violate his right to privacy in his home.
If the officers did not have the right to be kicking in the suspect' door, the suspect, according to the prosecution, could have reasonably believed he was in danger. Colorado's "Make My Day" law allows homeowners who believe they are in danger to use deadly force against those threatening them. In this incident, the threat was coming from the officers.
When this trial produces more answers, we will post an update.
Source: The Daily Sentinel, "Trooper's right to enter home debated in trial," Paul Shockley, April 11, 2012
]]>In 2009, an 8-year-old girl became a victim of sexual assault in Colorado. When such a serious crime occurs, it's natural to want to arrest someone and pin the crime on him. But rape -- particularly the rape of a child -- is just about as serious of a charge that there is. And a disabled young man's defense team and family blame the system for wrongfully treating the young man as the guilty culprit over the past two plus years.
]]> After the sexual assault occurred, police questioned and then arrested the then 19-year-old man who was reportedly spotted near the location where the rape took place. Further investigation proved that the young man's DNA did not match any of the DNA from the crime scene. Also, the victim of the crime described her attacker, and her description far from matched the identity of the suspect.The point that recently persuaded the system to drop the sex crime charge against the now 21-year-old relates to the suspect's mental capacity. Mental professionals evaluated the young man and concluded that he has disabilities that compromised his position after his arrest. After he was arrested and questioned, the suspect confessed to the crime. Psychiatrists suspect that the confession stemmed from the man's anxiety disorder and limited intellectual functioning.
So, after being accused of this terrible crime, having his future threatened and spending four months in prison, the young man and his family now can breathe sighs of relief. However, those sighs are surely interrupted by pangs of frustration that it took the system so long to recognize how the poor handling of this case led to the boy and his family's emotional and financial hardships related to the charge.
Source: ABC 7 News, "DA Drops Sex Assault Case Against Disabled Man," Alan Gathright, April 5, 2012
]]>Because a criminal conviction can so significantly alter a young person's future, it's important for lawmakers to evaluate the way that juveniles are handled within the criminal justice system. Colorado lawmakers are reevaluating the system, with a proposal that seeks to limit prosecutors' freedom to charge a juvenile as an adult in certain cases.
]]> Sources report that a proposal is heading to the governor that could mean fewer juveniles get charged as adults in Colorado. In 1993, the system changed in a way that meant harsher treatment towards juveniles who were charged with a crime. Now, supporters of the new proposal see that treating youth as adults needs to slow down and be reserved only for the most serious of violent crimes, including murder and some sex crimes.Those who oppose the bill argue that wise discretion is already used when deciding to charge a juvenile as an adult. The prosecutors decide when to move forward with adult charges, and the new proposal would put that decision making process into the hands of judges.
Young people are inexperienced at life. They are mentally and emotionally incapable of judging the consequences of their actions in the way that adults can. They make mistakes. It's dangerous for a teenager's mistake to too easily lead to an adult felony charge.
This proposal could reduce some of that danger, according to its supporters. When there are developments regarding the bill, we will post an update.
Source: The Associated Press, "Colo. bill to limit DA's power to charge youths goes to governor's desk," April 5, 2012
]]>A recent report outlines the number of DUI arrests that occurred throughout various Colorado counties in 2011 and over St. Patrick's Day weekend in particular. It is helpful for the public to know the rate of such arrests in their county and the counties surrounding them because those numbers show just how common a drunk driving arrest is and that understanding one's rights is crucial.
]]> According to the Loveland Reporter-Herald, the following numbers of DUI arrests were recorded in these Colorado counties during 2011. We will list them in order of most arrests to fewer arrests:Sources call these counties "hot spots" for DUIs. What does that mean for the public? It means that these are areas where getting pulled over for suspicion of drunk driving should be understood as a real threat. Law enforcement in those communities is out in full force, and they were out in record numbers over St. Patrick's Day, ticketing over 430 drivers for DUI.
Colorado drivers should understand their rights when they are pulled over and also their rights once they have been arrested for or charged with drunk driving. An arrest or ticket doesn't mean that a person is doomed to be convicted of drunk driving. A local DUI defense attorney can help someone get through the legal process.
Source: Loveland Reporter-Herald, "Larimer County among top 10 for DUI offenders," March 26, 2012
]]>The investigative process related to child pornography has evolved over the years, and now a new technology created by Microsoft and a Swedish company called NetClean continues that evolution. The introduction of this new digital tool, PhotoDNA, could mean that more people will be charged with the trafficking or possession of child porn. It reportedly sifts through pictures on the Internet to try to find child pornography in order to save officials' the time that they currently spend searching online content.
]]> This is somewhat troubling, since the technology is new. There could very well be problems with the law enforcement tool that could put an innocent, unsuspecting person in the position of being arrested and charged with a crime related to child porn. If there were a list of crimes that a person would never want to be associated with, trafficking child pornography or possession of child porn are on the top of that list. Even if one's criminal defense were successful, living down such an accusation is tough.A person could be simply downloading something that he or she believes is an innocent, everyday file and not know that illegal content was somehow attached to that download. A misunderstanding like that has led to child pornography arrests in the past. In Colorado, that sort of arrest leads to aggressive prosecution, which in turn, means that even more aggressive defense is a must.
Source: CBS News, "Microsoft gives cops tools to detect child porn," Jay Greene, March20, 2012
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