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 Post subject: Colorado Legal News - Recent decisions bad for DUI drivers
Post Posted: Apr 19, 2017 4:37 pm 
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Three recent Colorado Supreme Court Decisions are bad for people charged with DUI/DWAI.

People v. Hyde
A driver was in a single-vehicle accident that rendered him unconscious. Suspecting that he had been drinking, the police had his blood drawn after he had been taken to the hospital. His blood was drawn while he was unconscious and unable to express his consent. The Court determined that Colorado’s Expressed Consent Statute C.R.S 42-4-1301(1) was sufficient consent that the warrantless blood draw from an unconscious person was not a violation of the Fourth Amendment’s prohibition on unreasonable searches.

People v. Simpson
An Officer saw a pickup bounce off a curb four times, turn across a median, and then oversteer into oncoming traffic while entering an apartment complex parking lot. When asked by the Officer if he had been drinking the driver answered yes. Driver was ultimately transported to the hospital for medical attention. At the hospital, he was read the “Colorado Express Consent Law Information” but told he did not have the option of a breath test because breathalyzers are not available at the hospital. The defense challenged this as an involuntary blood draw. The Court held that the Expressed Consent Statute eliminated the need for the trial court to assess the voluntariness of the defendant’s consent; therefore, the blood draw was constitutional.

Fitzgerald v. People
The Court considered whether the prosecution can use a defendant’s refusal to submit to blood-alcohol testing as evidence of guilt at trial as provided for in Colorado’s Expressed Consent Statute C.R.S. 42-4-1301.1. The question was whether the evidence of a refusal violates the Fourth Amendment. The Court held that the evidence of refusal does not “impermissibly burden . . . a defendants Fourth Amendment right to be free from an unreasonable warrantless search.” Justice Hood who delivered the opinion characterized the holding as a “short leap.”

The blood and breath tests mentioned in the cases above are NOT performed at roadside. If an officer asks for roadside tests including the portable breath test, be aware that they are optional you cannot be forced to perform roadside tests. With or without the roadside test, if the officer has probable cause to believe that you have been driving under the influence, you will be taken to jail/hospital for a breath or blood test. You will not have the chance to consult with an attorney.

The moral of this story is Don’t Drink and Drive.


If Pinecamers (and admins) like this I will try to make this a regular post, please let me know.

Thanks,
-Lee

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 Post subject: Re: Colorado Legal News - Recent decisions bad for DUI drive
Post Posted: Apr 19, 2017 4:48 pm 
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LearnedFoot wrote:
The moral of this story is Don’t Drink and Drive.


Exactly.

As someone who made in the neighborhood of 850 DUI arrests in the Conifer/Evergreen areas from 93 thru 97 I found your post quite interesting. Frankly, simply based on the summaries of the cases you provided, I don't see a problem with any of the decisions.

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 Post subject: Re: Colorado Legal News - Recent decisions bad for DUI drive
Post Posted: Apr 19, 2017 5:09 pm 
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Bailey Guns wrote:
. . . simply based on the summaries of the cases you provided, I don't see a problem with any of the decisions.


Because I intend to post legal news, relevant to readers of this forum not just DUI stuff, I want to avoid taking sides as to the news itself. Although, I am a defense attorney, so you can probably guess my position. :)

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 Post subject: Re: Colorado Legal News - Recent decisions bad for DUI drive
Post Posted: Apr 19, 2017 5:42 pm 
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LearnedFoot wrote:
Three recent Colorado Supreme Court Decisions are bad for people charged with DUI/DWAI.

The moral of this story is Don’t Drink and Drive.

If Pinecamers (and admins) like this I will try to make this a regular post, please let me know.

Thanks,
-Lee


Lee, I think this would be a valuable addition to pinecam. Thanks, Joe


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 Post subject: Re: Colorado Legal News - Recent decisions bad for DUI drive
Post Posted: Apr 19, 2017 10:12 pm 
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There is no penalty harsh enough for DUI's as far as I am concerned.

I was in an accident with my parents many, many years ago (when I was in high school). The driver who crahed into my parent's car, while we were stopped at a red light, was very drunk. I still recall him laughing when he got out of his car and asking, "What did I bump?" He totaled my parent's brand new car. My neck hurts constantly and I still have chronic migraines (for which nothing can be done) since the accident.

When our kids started to drive, I warned each of them, "You don't have to worry about the state of Arizona." You have to worry about the state of MOM!! And, God help you if you ever have a DUI, the state of Arizona will be your friend compared to ME!!." My late husband chuckled and shook his head. To this day, they all have perfect driving records.

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 Post subject: Re: Colorado Legal News - Recent decisions bad for DUI drive
Post Posted: Apr 20, 2017 9:35 am 
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Lee, thanks for posting. I think law and fact would be a valuable addition to Pinecam.


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 Post subject: Re: Colorado Legal News - Recent decisions bad for DUI drive
Post Posted: Apr 20, 2017 11:09 am 
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girl-living-life wrote:
Lee, thanks for posting. I think law and fact would be a valuable addition to Pinecam.

Agree here also! Thanks Lee


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