Colorado Governor Signs DUI Law

Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases on May 25h, 2010. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf

The new law will go into effect July 1, 2010. The most notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI/DWAI within five years of their first offense they will be required to serve a mandatory minimum of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.

Persons convicted of a third or greater offense of either DUI or DWAI will now be required to serve a mandatory minimum of sixty days incarceration. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still possible if the county in which they are sentenced offers such programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.

Additionally, for all repeat offenders the minimum term of probation must be at least two years. If a person has complied with all terms of their probation including their drug/alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.

The law also allows for the Court to require an interlock ignition device on an offender’s vehicle. The requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.

Mr. McDowell is a criminal defense, felony and DUI Lawyer with McDowell Laybourne and Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on truck and bicycle accidents. This and other unique content ” articles are available with free reprint rights.

Finding A Good Attorney Might Require Some Research

I always thought that trying to find a lawyer would be an easy task. Boy was I wrong. Now let’s face it, I’m not out in “no mans land”, but still it was not easy. Here are some tips and tricks you might use in locating an attorney.

It seems like yesterday when I was trying to retain my first attorney, and I decided to utilize the reliable old “phone book”. I opened the phone book up to “counselors of law”, and found about five pages of names, corporate firms, legal and semi-legal practices and there were some paralegals listed as well. What a job this turned out to be, as I reached out to a few of the locations, and most of them wanted or better yet demanded, a significant binder.

Wow, they wanted money already, and I haven’t even met the lawyer yet. I started feeling a bit down, but decided to press forward, as I was almost to the point of desperation for a good lawyer. I decided to do away with the pone book, and start asking some questions. This isn’t that easy either, as sometimes it’s difficult to find individuals who have recently had legal intervention.

I figured that the best course of action would be to reach out to some neighbors, and see if they knew anybody who was well versed in real estate law. I figured that I could deal with the “what’s wrong” questions, so I was blatantly open with everybody. As luck would have it, there were several neighbors who knew some good lawyers that were close to home.

I realized afterward what a great move that was. It not only kept me and the family from having to visit each and every legal firm in close proximity in order to locate the “greatest lawyer”, but it made us feel better knowing that the recommendation came fro a bunch of friends that we had known for years and trusted at the same time. This really did turn out to be a time saver for us.

It truly is difficult searching for a good attorney if you don’t know where to look. The yellow pages will provide names, but you want to link those names with a person. Try reaching out to some friends and associates for some advice on who the most reputable attorney is in the area. I’m sure they will provide some hints.

Additionally keep in mind that the expertise of lawyers will vary with attorneys. Hopefully the recommendation you get will steer you to the best.

Getting the right legal help can be quite time consuming. Visit us today for some great tips at finding a lawyer at: LONG ISLAND LAWYERS If you need additional FREE advice please visit us at: LONG ISLAND LAWYER

What Should I do if I am Stopped for Drunk Driving?

Almost everyone has been stopped by law enforcement at one time or another for a traffic violation. Whether the stop is for something as simple as a burned out headlight, or you didn’t come to a complete stop, we all know that feeling when we see the flashing lights in our rear-view mirror. Imagine how much worse that feeling is when you have had a little too much to drink. Every day I meet with people who have been charged with traffic violations and drunk driving offenses. As I explain to a client their rights, one of the comments I hear most is, I wish I had known that when I was stopped.

Many people are under-educated about the law, or even misinformed about their rights and what decisions they should make when they are stopped for a traffic offense. Many people think they should just do whatever the police tells them because they don’t have any other options. Below is a basic list of things to keep in mind when you are stopped for drunk driving or driving under the influence of drugs. Laws will vary from state to state, and the following list is Colorado specific. Please check with a local attorney about the laws in your state.

1. Remember, you have the right to remain silent. You do not need to answer any questions the police ask you about where you were going, why they stopped you, or how much you have had to drink. Even from their very first contact, the police are trying to build a case against you. Always be polite with the officer, but do not make any statements about what happened, how much you have had to drink, or any other violation they are investigating.

After you provide the officer your drivers license, proof of insurance and registration, your best advice is to keep your mouth shut. When the officer stops you he is looking for any clue that you may be under the influence of drugs or alcohol. Even if you answer innocuous questions, the officer is looking for clues when you talk such as the smell of alcohol on your breath, or slow/slurred speech.

One of the officers first questions is almost always, How much have you had to drink tonight? Some of the most common answers to this question are, two beers, or, I had a couple with dinner. Many people erroneously think that if they minimize their use it wont look as bad, but by admitting to alcohol use you are helping law enforcement build a case against you.

2. Do not take any roadside sobriety tests. Roadside tests are voluntary. These tests are used to help the officer determine if you are under the influence and can also be used at trial and at the Department of Revenue/Motor Vehicle hearing against you. Do not provide the police with any additional evidence that can bolster their case. These tests often include eye tests, walk and turn, one leg stand, alphabet or counting tests.

This includes any preliminary breath tests (PBT) at the scene of the stop. The results of the PBT are not admissible in Court in Colorado because they are so inaccurate. However, the police use these tests to confirm their suspicion that you are under the influence, and to build their case against you for further tests that are admissible in Court.

3. If you do not take the mandatory chemical test, you could lose your license. In Colorado, if you do not take the mandatory chemical test of your breath or blood as is required under express consent laws, you will lose your license for a year in addition to any other license suspension imposed. The mandatory chemical tests include a blood test, a breath test or urinalysis. The mandatory breath test is different from the PBT, and is typically done on a large machine at the police station after an observation period is completed under strict regulations. If you don’t know if a test is required under the law, ask the officer. In many cases you would be best advised to submit to a chemical test of your blood. In Colorado, a second sample will be taken of your blood. This second sample is available to you to be tested at an independent lab. In many cases this second result can come back lower, or so different from the first test as to cast doubt onto the result of either test. These results can be used to your advantage in plea negotiations and at trial.

If you refuse the chemical test you can still be charged with drunk driving. Many people believe that if they don’t submit to a test, then the government will not be able to pursue a case against you for drunk driving. Prosecutors may still use all other evidence they obtained against you such as bad driving, smell of alcohol, visual clues of intoxication, roadsides tests, and even the fact that you refused the test can be used against you in Court.

4. You have a limited time to request a Department of Motor Vehicles/Department of Revenue hearing. If you are above the legal limit of a .08 BAC in Colorado two proceedings will begin against you, 1) the criminal process, and 2) the DMV process. Although the criminal process can carry hefty penalties such as fines, jail, community service, and alcohol classes, the DMV only has the power to suspend or revoke your driving privileges. You may say, Only? My ability to drive is a huge deal. That is why it is so important to request a DMV hearing before the time runs and the suspension automatically goes into effect.

In the state of Colorado, you have seven days from the date of the results of the breath test to request a hearing or your license will automatically be revoked. For a blood test, the procedure is a little different. Whereas the results of a breath test are immediate it often takes a few weeks for blood results to come back from the lab. If you were above a .08 the police will forward your results to the DMV, and you will receive a notice via mail. This letter will have all instructions on how to request a hearing and a deadline by which the hearing must be requested. Whether you chose a breath test or blood test, you should request a hearing as soon as possible so you can explore all legal and factual defenses at the DMV/DOR hearing to protect your driving privileges.

When you request the DMV hearing you will receive a temporary permit that is valid until the date of the hearing. Remember, if you don’t request the hearing you will automatically lose your license. In many situations there is a legal or factual defense that can save your license if the proper arguments are presented at the hearing.

5. Hire an experienced Drunk Driving lawyer as soon as possible. A drunk driving case presents many highly complex legal and procedural issues. A plea or a conviction to a drunk driving charge can have lasting implications on your life, your license, and your freedom. It can also have many unforeseen consequences as well. An experienced drunk driving defense attorney will advise you at all stages of your case of potential pitfalls and other issues as they may arise in your case.

A Drunk driving defense lawyer will review your case for all legal and factual deficiencies in the governments case against you to help you present your best defense. The old saying that only a fool represents himself could not be more true. The earlier you hire an attorney, the better, so as to avoid making any costly mistakes early in the case.

Josh McDowell is a Colorado Springs DUI Attorney practicing all criminal matters including, DUI defense, domestic violence charges, felonies, and misdemeanors. Colorado DUI laws are complicated and is a criminal field that requires a very specialized knowledge of the law and it’s application to a criminal case.

Guilty Of DUI For Operating A Wheelchair While Impaired In Canada

Did you know that in Canada, our DUI laws can result in being arrested and found guilty for operating a motorized scooter while drunk?

Yes, and the reason is section 2 of Criminal Code defines a \”motor vehicle\” to mean any vehicle that is drawn, propelled or driven by any means other than muscular power.

In R. v. Shanahan the accused while drunk in a motorized scooter crossed a road. While doing so, the police saw him and pulled him over. He failed a breathalyzer (approved screening device), and was arrested for DUI.

One piece of important information in this case is the defendant could move about on his own some – approximately one hundred to one hundred and fifty meters.

The Ontario Court hearing the case found that a motorized personal device, such as a personal device is a motor vehicle under the Criminal Code. However, the defendant then made an application under section 15 of the Charger arguing his equality rights were breached.

The section 15 Charter breach hearing (equality rights) dealt with these two issues.

1. Were the accused\’s section 15 equality rights breached?

J.D. Wake J. held that the Canada DUI laws (section 253 of the Criminal Code) does not make a distinction between people reliant on motorized wheelchairs and people who don\’t need motorized scooters.

Equality rights assessments use a comparator group. In this case the comparator group were all able-bodied persons who drank too much alcohol. This was the critical finding – the Court held because the accused was not completely immobile that he was not disadvantaged compared to the comparator group.

Moreover, able-bodied people who walk in public while drunk can be arrested and convicted for mischief – therefore lessening any distinction even more.

2. What about the dignity of the defendant under s. fifteen of the Charter?

The honourable judge found the following regarding the accused\’s dignity.

\”The argument in favour of striking down s.253 seems to be that the dignity of a disabled person can only be sustained if he is afforded the right to behave with a lack of dignity. In my view s.15 of the Charter should not be used to support the result of such inverted reasoning.\”

At the end of the day, Canada DUI laws mean a person cannot be drunk while operating a motorized wheelchair.

Considerations:

This specific case involved someone not totally disabled. Therefore, the outcome could be different if a person was 100 percent disabled.

Is it possible a person could be found guilty of our DUI laws if while on pain medication used a motorized wheelchair?

Given Canada\’s DUI laws that you can be convicted seated in the driver\’s seat of a car not moving, could this happen if not moving in motorized wheelchair?

Want to find out more about defending a DUI, then visit Metro Vancouver criminal lawyers Dykstra & Company, where you can read more information written by MetroVancouver lawyer Jon Dykstra.

Getting Harassed Via Email? Track the Culprit Down With Reverse …

This article shows how the average user can use reverse email search services and tools to take a stand and actually do something about email harassment and email stalking.Spam is one thing but email harassment and stalking is something …

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Getting Harassed Via Email? Track the Culprit Down With Reverse …