dui
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Colorado Supreme Court overrules itself on felony DUI, makes it harder for defendants to challenge convictions
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The Colorado Supreme Court took the unusual step on Monday of partially overruling its own landmark decision from less than four years ago, concluding drunk drivers who were not tried in accordance with state law are not entitled to automatic reversal of their convictions. The court’s majority also clarified that when settled law changes during…
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Appeals court says name, birthdate, ‘Caucasian male’ not descriptive enough to prove prior offenses
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Colorado’s second-highest court last week clarified that a defendant’s name, date of birth and description as a “Caucasian male” did not combine to prove beyond a reasonable doubt that he was the same person who had three prior drunk driving convictions. An Arapahoe County jury convicted Dennis Herold in 2022 of felony driving under the…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
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For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
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For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
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Rejecting a creative argument from a man convicted of driving under the influence, Colorado’s second-highest court on Thursday concluded a line from an 86-year-old U.S. Supreme Court decision did not call into question the legitimacy of the defendant’s prior DUI offenses. The Sixth Amendment guarantees the assistance of counsel for criminal defendants. Most famously, the…
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Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
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Rejecting a creative argument from a man convicted of driving under the influence, Colorado’s second-highest court on Thursday concluded a line from an 86-year-old U.S. Supreme Court decision did not call into question the legitimacy of the defendant’s prior DUI offenses. The Sixth Amendment guarantees the assistance of counsel for criminal defendants. Most famously, the…
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Colorado justices agree DUI suspects can change mind after initially refusing chemical test
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The Colorado Supreme Court agreed on Monday that drunk driving suspects can change their mind after initially refusing to take a blood or breath test, meaning an Arapahoe County judge wrongly blocked jurors from hearing about the defendant’s ultimate consent to take a test after all. The 6-1 decision technically means defendant Glen Gary Montoya…
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Colorado justices agree DUI suspects can change mind after initially refusing chemical test
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The Colorado Supreme Court agreed on Monday that drunk driving suspects can change their mind after initially refusing to take a blood or breath test, meaning an Arapahoe County judge wrongly blocked jurors from hearing about the defendant’s ultimate consent to take a test after all. The 6-1 decision technically means defendant Glen Gary Montoya…
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Federal judge refuses to dismiss suit against Fort Collins over ex-officer’s meritless DUI arrests
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A federal judge last month agreed a man wrongly charged with drunk driving could sue the city of Fort Collins for failing to appropriately supervise one officer as he repeatedly arrested motorists who were not intoxicated. Jesse Cunningham is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI…