Colorado Springs Criminal Law Blog

Colorado’s DUI law, C.R.S. 42-4-1301, authorizes the use of a breath test for a DUI investigator. Colorado uses an Intoxilyzer 5000EN for breath testing in DUI cases. Breath testing has an advantage over blood or urine testing because it’s simpler and does not require urine or blood to be extracted.

The Colorado Department of Public Health and Environment, Laboratory Services Division is responsible for promulgating rules pertaining to testing alcohol and other drugs. The rules are found in 5 CCR 1005-2 which specify testing requirements for a legal breath test.

Breath tests do not truly analyze the person’s blood. The Intoxilyzer 5000EW measures breath, multiplies it by a constant, which, it is assumed, correlates the breath alcohol concentration to one for a blood test.

Continue reading " Colorado’s DUI Breath Testing – A Brief Description " »

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Posted In: Breath Tests

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An article in the journal sentinel about Mark Allen Warner explains how the man got convicted of DUI’s 15 separate times. Throughout the 1990s, Warner's drinking resulted in divorce, a felony record and several crashes. From 1992 to 2000, Warner was pulled over as often as every couple of months and was well-known to police. Yet he avoided significant jail time and treatment for almost a decade - a fact the judge involved in his final case called a failure of the criminal justice system.

Warner wasn't sentenced to prison until he had been convicted of drunken driving 15 times. His blood-alcohol level averaged 0.212 - almost three times the legal limit - for the 11 offenses in which his blood or breath test information was available. He repeatedly drove after his license had been revoked, garnering at least 10 arrests for that. And two of his drunken driving arrests followed domestic arguments.

The three-year prison term, including six months in a Department of Corrections rehabilitation facility, helped him get sober, Warner said. He hasn't had a conviction since his release in 2003. Now 45, he once again holds a valid driver's license.

Continue reading " One man convicted of DUI 15 times " »

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Posted In: Drunk Driving/ DUI

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Members of the Larimer County Sheriff's Office arrested six people Thursday who are believe to be involved in a methamphetamine ring north of Fort Collins and seized about an ounce of the drug. A search warrant was served at 345 Airpark Drive, the sheriff's office said in a news release.

The arrests were the result of an ongoing drug investigation. Numerous pills, along with the meth, were seized. The street value of the methamphetamine is about $2,500, the sheriff's office said. One of the suspects arrested, a 22 year old, was booked as a suspect in the Nov. 25 armed robbery of a hotel. He is being held in lieu of a $50,000 bail.

A search warrant can authorize the police to look for specific items in the area described on a warrant. An experienced drug charge defense attorney such as Timothy Bussey can review the warrant and determine if there are any legal deficiencies in the warrant. A successful challenge to a search warrant may preclude the prosecution from using illegally obtained evidence.

Continue reading " Fort Collins Meth Bust Results in Six Arrests " »

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Posted In: Drug Charges

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Two people living at the house at 13688 Plaster Circle -- 28-year-old Joshua Davis and 25-year-old Jessica Oseles -- were arrested on charges of cultivation of marijuana and possessing illegal drugs. SWAT officers on Thursday found a secret room in the basement of the Broomfield house where a sophisticated marijuana operation was being operated.

The officers found 44 marijuana plants, two pounds of high-grade marijuana, a few grams of psilocybin mushrooms, a bottle of prescription pills and a handgun, North Metro Drug Task Force Commander Tim Hersee said.

"They had an automatic watering system, nutrients feeding the roots, artificial lighting," Hersee said. "They were cloning the best female plant to get exact matches of the marijuana's style and potency”.

Drug Enforcement Officials used a combination of a suspect’s confession that he had purchased a small amount of marijuana from the location and an abnormally high power usage bill to obtain a warrant to search the home.

Continue reading " Bloomfield Pot Operation Results In Arrests of Two Men " »

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Eric Torrez, a 47 year old who was accused of sexually assaulting a brother and sister who lived with him after being kicked out of a homeless shelter has been rearrested after another alleged victim came forward, according to a Rocky Mountain news report.

In the first accusation, Torrez was accused of assaulting the siblings after their mother sent them to live with his family. Torrez's wife and son are accused of being complicit in the abuse and of also having sex with the girl, who said she was first abused when she was 12. Prosecutors said the victims, now in their 20s, recently reported the alleged abuse. Torrez is being held on $2 million dollars bond.

The stigma associated with sexual assault charges in Colorado can be as damaging as an eventual conviction. Our system of justice, however, assures all those accused of crimes that they will receive a fair trial to determine their guilt or innocence. All too often, however, those accused of sexual assault crimes are considered “guilty until proven innocent”. If you or a loved one has been accused of sexual assault crimes in Denver, it’s imperative that you contact an experienced sexual assault defense attorney as soon as possible.

Being arrested for a crime involving sexual assault or pornography can be an intimidating experience. It's likely you'll not be thinking clearly after an arrest and interrogation, and authorities may take advantage of your state of confusion by offering what on its face appears to be a good plea bargain, but examined carefully, is not in your best interest. Colorado sex crimes attorney Timothy Bussey's experience as prosecutor and as a defense attorney since 1991 gives him insight into all sides of a case. We work hard to ensure our clients' rights are aggressively protected by a vigorous defense.

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Posted In: Sex Crimes

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A 16-year-old showed up at Eaglecrest High School on Friday morning armed with two knives and a BB gun, officials said. The boy, who had been expelled a year ago, had ridden an RTD bus with three students and showed them the BB gun. The students got off the bus at the high school and went into the cafeteria. The boy came in behind them.

The 16-year-old boy was detained in the school's cafeteria almost immediately after he arrived on campus, district officials said.

"He didn't get very far in the school, and he wasn't wandering about," said Tustin Amole, spokeswoman for the Cherry Creek School District.

The students notified school security at 7:30 a.m. that the teen was on campus and that he was seen "with what they perceived was a handgun in his waistband," according to the Arapahoe County Sheriff's Office.

The former student had two knives with 4-inch blades as well as the BB gun. He told deputies he had "a real gun at home," the sheriff's office said.

Regardless of the criminal charges you face, or your criminal history, you want an experienced, aggressive weapons charge attorney in Colorado Springs to defend you to protect your full rights and work toward the best possible outcome.

At The Bussey Law Firm, P.C. in Colorado Springs, Colorado, we take pride in offering our clients experienced, professional criminal law services with personalized service. Contact a Colorado Springs criminal defense lawyer at our firm today for your free initial consultation.

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Posted In: Weapons Charges

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