drunk driving
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Colorado justices to decide insurance companies’ obligation to disclose relevant policies
The Colorado Supreme Court announced on Monday that it will decide whether an insurance company violated state law by withholding an at-fault driver’s policy for nearly a year when there was no dispute that the policy was not in effect at the time of the accident. At least three of the court’s seven members must…
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Colorado justices discuss solution to confusion from prior criminal ruling
The Colorado Supreme Court pondered the fallout on Tuesday from its nearly six-year-old decision interpreting the state’s impaired driving laws, with the justices now addressing how defendants affected by the legal change must seek postconviction relief. In contrast to other criminal appeals, there was no dispute that defendant Charles Crabtree could file a motion in…
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10th Circuit rules 20-year-old DUI convictions may be factor in deportation proceedings
The Denver-based federal appeals court concluded last month that it was appropriate for immigration authorities to consider a man’s 20-year-old impaired driving convictions when determining if he recently exhibited “good moral character.” Under federal law, an immigrant seeking to remain in the country is eligible for relief if they have been continuously present in the…
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Colorado justices toy with test for reviewing extreme sentences for unconstitutionality
The Colorado Supreme Court heard arguments on Monday about whether a woman’s 29-year prison sentence for causing a fatal drunk driving accident was constitutionally excessive, but also considered tinkering with the procedure for how judges approach claims of “gross disproportionality” in sentencing. The Eighth Amendment’s prohibition on cruel and unusual punishment means sentences cannot be…
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Federal judge sides with ex-Fort Collins ‘DUI officer’ on constitutional claims
A federal judge last week concluded Fort Collins’ former “DUI officer” had not committed a constitutional violation in arresting a motorist, notwithstanding the officer’s problematic behavior across other cases. In recent years, several people arrested by Officer Jason Haferman filed suit over their encounters, arguing Haferman wrongly accused motorists of driving under the influence when…
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Colorado justices accept restitution appeal, agree to sort out confusion from prior ruling
The Colorado Supreme Court announced on Monday that it will hear yet another case about crime victim restitution and will also address a problem created by one of its prior decisions that restricted how convicted defendants can take advantage of favorable law changes on appeal. At least three of the court’s seven members must agree…
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Colorado justices to decide whether decades-old constitutional violation affects man’s 2021 conviction
The Colorado Supreme Court announced on Tuesday it will determine whether an alleged violation of a man’s constitutional right to counsel more than 30 years ago has any bearing on his 2021 drunk driving conviction. At least three of the court’s seven members must agree to hear an appeal. Under Colorado law, driving under the influence…
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Colorado Supreme Court tosses Boulder DA’s appeal for failure to follow procedure
Although the Colorado Supreme Court indicated earlier this year that it might intervene in an ongoing Boulder County prosecution implicating a key 2020 police reform law, the justices reversed course last week after realizing the district attorney’s office neglected to follow the correct appellate procedure. Originally, the prosecution sought the Supreme Court’s immediate guidance on…