dui
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Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
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
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
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
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…
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Federal judge refuses to dismiss suit against Fort Collins over ex-officer’s meritless DUI arrests
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…
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Federal judge refuses to dismiss suit against Fort Collins over ex-officer’s meritless DUI arrests
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…
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Colorado justices weigh DUI suspects’ right to refuse blood draw
The Fourth Amendment’s prohibition on unreasonable searches and seizures means law enforcement must obtain a warrant or else rely on a specific exception to the warrant requirement, like the consent of the person being searched, to investigate a crime. But can Colorado law provide blanket consent for police to draw the blood of alleged drunk…
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Colorado justices consider how changes in law should benefit defendants on appeal
When the Colorado Supreme Court decided in late 2020 that defendants charged with felony drunk driving offenses were being tried and convicted contrary to the law’s design, it resulted in the reversal of many DUI convictions on appeal. The government argued against overturning the conviction of one affected defendant, Charles James Crabtree, because the trial court’s…