Colorado Springs Criminal Law Blog

KRDO reports that the Colorado State Patrol recently released data regarding the number of DUI arrests during their St. Patrick’s Day DUI crackdown, which was a part of their “Heat is On” campaign. The crackdown began on Friday, March 11, and lasted until early Friday morning, March 18. During that time period, 682 people were arrested for allegedly driving under the influence in the state. This came close to when 688 people were arrested in 2010, which was a record number of arrests made during a St. Patrick’s Day period of enforcement.

The article reports that in Colorado Springs, the Colorado Department of Transportation teamed up with Designated Driver of Colorado Springs, an agency that offers drivers a sober ride home in their own vehicle for free. During the St. Patrick’s Day enforcement period, 283 sober rides were given. The night of St. Patrick’s Day, 91 sober rides were given, which set a record number of rides given in a single night. The previous record was 72. Remember to plan ahead by designating a sober driver or taking advantage of programs such as Designated Driver to avoid Colorado DUI charges.

It is important to remember that during increased patrols and enforcement periods over holidays, along with an increased number of motorists on the road, it is possible for wrongful drunk driving arrests to be made. Typically, Standardized Field Sobriety Tests (SFSTs) are used by law enforcement officials to determine whether a motorist is driving under the influence of drugs or alcohol. However, it has been shown that SFSTs can be subjective, and often a DUI arrest is made based on opinion rather than concrete evidence. It is crucial to remember that if you are ever arrested for a DUI in Colorado, you should never admit guilt. Doing so could negatively affect whether you are able to successfully fight the charges made against you with the help of a skilled Colorado Springs DUI defense lawyer.

Timothy Bussey, a highly skilled attorney at The Bussey Law Firm, P.C., has successfully represented those who have been arrested for a DUI in Colorado, as well as various other crimes. To learn how Mr. Bussey can help you, call 719-475-2555 today.

Recently, KDVR reported the proposal of Colorado Senate Bill 107, which, if passed, would create an exception to the limit in place on noneconomic damages a victim can recover in a civil action. Specifically, the bill would allow for such actions in regards to damages resulting from alcohol or drug-related accidents in civil DUI cases.

In 1986, a cap for damages was set at $250,000 and steadily increased with inflation. Now, the cap is close to $462,000. Many Colorado Senators have stated that they believe making drunk drivers liable to pay victims more in damages could deter such behavior in the future. However, those in opposition have said most of those convicted of a DUI in Colorado aren’t able to pay victims much, regardless of whether there is or isn’t a cap. Many worry that doing away with the cap would set back tort reform.

Following testimony from DUI accident victims, however, the bill passed the Senate Judiciary Committee by a 6-3 vote. The bill has since been referred to the full Colorado Senate for consideration, which has been delayed at least once.

As Colorado Senate Bill 107 demonstrates, anyone in Colorado who is charged with a DWI or DUI has it in their best interest to consult a highly skilled attorney in order to build a strong defense to fight the charges made against them. The penalties for being convicted of a drunk driving charge are severe, especially when another person has been injured. You may face heavy fines and even jail time. The exceptionally trained and experienced Colorado drunk driving attorneys at The Bussey Law Firm, P.C. have successfully represented clients in Colorado courts for many years. We can aggressively fight on your behalf. Call 719-475-2555 to learn more.

Colorado Springs, CO has an estimated population of approximately 414,358 as of 2009, making it the second most populated city in the state (behind Denver, the state capitol) and the 46th most populous city in the U.S. The city is about 61 miles from Denver, and covers 186.1 square miles, which is the state’s largest city in regards to area. Colorado Springs is positioned over a mile above sea level at the base of Pikes Peak, which is a mountain in the Front Range of the Rocky Mountains. The city was selected as one of the country’s best cities in 2009 by Outside magazine.

When compared to cities of similar size, the crime rate of Colorado Springs is relatively low, for both violent and property crimes. In 2009, the city reported 15 murders, 342 rapes, 252 robberies, and 1,084 aggravated assaults, which results in a violent crime rate of about 4.8 per 1,000 citizens. This is significantly lower than the national violent crime rate, which is 8.6 per 1,000 citizens for cities with a population of 25,000 to 499,000. That same year, Colorado Springs reported 3,305 burglaries, 10,340 larceny thefts, and 1,048 motor vehicle thefts, which results in a property crime rate of about 35.9 per 1,000 citizens, which is again lower than the national property crime rate, which is 45.9 per 1,000 citizens. However, such crime rates do not mean false accusations and improper arrests are never made. There is still a definite need for experienced and skilled Colorado Springs criminal defense lawyers to provide those accused of crimes proper legal counsel and representation.

As a state, Colorado aggressively targets drunk driving with its “The Heat is On” campaign, which significantly increases DUI enforcement during 12 periods throughout the year. In particular, Colorado Springs is often at or near the top in regards to the number of drunk drivers arrested in the state during certain time periods. For example, over the Thanksgiving holiday weekend in 2010, Colorado Springs police arrested 38 individuals for DUIs, the second most out of any city in the state, behind Denver, at 46 arrests.

At The Bussey Law Firm, P.C., our Colorado Springs DUI attorneys have successfully helped those accused of DUI charges as well as various crimes in Colorado. If you have been charged with a crime or DUI in Colorado, call 719-475-2555 to schedule a free consultation today.

The Journal Advocate reports that that Colorado State Patrol (CSP), along with local law enforcement agencies, is stepping up to crack down on drunk driving during St. Patrick’s Day this year.

The “Heat is On” is an ongoing CSP campaign that targets drivers that are impaired, particularly during certain holiday periods. This particularly campaign began on Friday, March 11, and will continue until early Friday morning, March 18. The goal is to decrease drunk driving-related incidents around St. Patrick’s Day. Along with the CSP, other police departments across the state have increased their patrols and have planned saturation patrols to catch impaired drivers.

In preparation for St. Patrick’s Day, the Colorado Department of Transportation expanded the coverage of the smartphone application “R-U-Buzzed”, which began several years ago for iPhone users. This free app is now available on iPhones as well as Android smartphones and with it, users are able to enter their gender, weight, the time they have spent drinking as well as the number of drinks they have consumed to determine their blood alcohol level (BAC).

According to 9 News, last year the “Heat is On” campaign set a record for the number of DUI arrests made during a St. Patrick’s Day period of enforcement. During the six day period, 688 people were arrested on suspicion of driving under the influence. Five people died in car accidents during that time; however, it is not known whether alcohol was a factor in those crashes.

This St. Patrick’s Day, plan ahead to avoid putting your life and the lives of others in danger by arranging to have a designated driver or taxi take you home. Doing so can also prevent a Colorado Springs DUI arrest. However, if you are charged with drunk driving in Colorado, it is important for you to remember you have certain legal rights.

You may feel that there isn’t a choice other than admitting guilt following a DUI arrest, but you should be aware that with aggressive and skilled representation by a Colorado DUI attorney, you may be able to have the penalties reduced or receive alternative sentencing. At The Bussey Law Firm, P.C., our lawyers have many years of experience putting a strong defense together for our clients and successfully obtaining the best possible outcome for them. To learn more, call 719-475-2555.

The criminal justice community in Denver has proposed to open a DUI court in April that would send repeat offenders to intensive treatment rather than jail, reports The Denver Post.

The concept of the court is comparable to many other treatment courts in the state, and has the support of public defenders and prosecutors, as well as advocacy groups and crime commission leaders in the city. Under the proposed system, a driver caught intoxicated three times, or second-time DUI offenders with a high blood alcohol level (BAC), would qualify for the treatment. The program is projected to be in-depth treatment for addiction with close court supervision for 19 months, begun during a mandatory, but short, jail sentence. When the offender is released, they would be required to meet twice a month with a group that would potentially include treatment counselors, probation officers, a judge, and attorneys.

Since March, Denver County Court officials along with others have raised about a half million dollars in grants for a new county court martial to run the proposed court and new probation officers. The court aims to take on about 200 offenders annually, which would save over $850,000 on expenses of jail beds and other courts.

However, issues have arisen regarding the details about how the court would be run, who would pay for the court, and what role public attorneys would have and the proposed Denver DUI court is under debate.

It is important to remember you have legal rights if you have been charged with or arrested for drunk driving in Colorado. You may feel there are no choices left but to admit guilt after a charge or an arrest, but you should be aware that with aggressive and experienced representation by a skilled Colorado Springs DUI lawyer, a strong defense can be put together on your behalf. You may be able to be given alternative sentencing or reduced punishment. The attorneys at The Bussey Law Firm, P.C. have the skills and resources needed to help you obtain the best possible outcome in your case. Call 719-475-2555 today.

The U.S. Department of Transportation (DOT) reports that new technology is being developed to help prevent alcohol-impaired drivers from operating their motor vehicles. The $10 million research program is jointly funded by the National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety, a group that represents many car manufacturers from around the world.

The technology is called Driver Alcohol Detection System for Safety (DADSS), and would measure whether a driver has a blood alcohol content (BAC) at or above the nation’s legal limit of .08 percent, and if so, the system would prevent the vehicle from starting. DADSS would use sensors to measure a driver’s BAC in two ways: analyzing a driver’s breath or through the driver’s skin by using touch-based sensors strategically placed on door locks and steering wheels, common places a driver touches. Both methods eliminate a driver needing to take extra steps to start the vehicle, unlike ignition interlock devices (IIDs), which require a breath test from a driver every time they use a vehicle.

According to the DOT, the technology is eight to 10 years away from everyday use in cars. It has also been emphasized that DADSS is envisioned as optional for future cars, and would be voluntary for car makers. Critics of the technology doubt it can ever be perfected to the point where DADSS would be completely reliable and not prevent sober drivers from driving.

Colorado ignition interlock devices are required to be installed in all vehicles a convicted drunk driver may drive under the following circumstances:

• A person convicted of their first DUI or DWI is required to have an IID in their vehicle(s) for eight months;
• A person convicted of their first offense with a BAC or .17 or greater is required to have an IID in their vehicle(s) for two years;
• A person convicted of a second or third DWI is required to have an IID in their vehicle(s) for two years;
• A person convicted of a second DUI within five years of a third DUI is required to have an IID in their vehicle(s) for two years; and
• A person deemed a “Habitual Offender” is required to have an IID in their vehicle(s) for four years.

Anyone charged with a DUI or DWI in Colorado has it in their best interest to fight the charges made against them, or face severe penalties, fines, and possible jail time. At The Bussey Law Firm, P.C. our highly skilled Colorado Springs DUI lawyers have the resources and experience that are required to aggressively fight for the best possible outcome in your drunk driving case. Call 719-475-2555 to schedule a free consultation with one of our attorneys today.

The Colorado Independent reports that a bill is currently in consideration in the Colorado Legislature that would set a legal limit on how much THC a motorist in the state can legally have in their blood. THC is the active ingredient in marijuana.

House Bill 1261 was introduced by representatives Mark Waller (R-Colorado Springs) and Claire Levy (D-Denver) who have stated they are pushing the bill to support current laws in the state that make it illegal for a person to drive under the influence of drugs to the extent it impairs their ability to drive. Levy clarifies, “This is just quantifying the amount of THC you can have in your blood system.”

The bill would set the bar for an individual to be charged with a DUI per se at five nanograms or more. It would also make it a misdemeanor for someone to drive while under the influence and could potentially result in the loss of their drivers’ license. According to Waller, the bill brings marijuana intoxication on par with the laws that govern alcohol.

The amount of five nanograms was determined after studies that were conducted by the Criminal Defense Bar as well as district attorneys were analyzed and found that the amount appeared to be reasonable. It should be noted that it is not just the THC in a person’s system, but five nanograms of active THC in their system, for the law to apply.

In Colorado, marijuana laws are not only complex, but are constantly changing. If you are facing marijuana drug charges, you may not be sure of your legal rights and options. Contact Timothy Bussey, experienced Colorado marijuana defense attorney at The Bussey Law Firm, P.C. Mr. Bussey can help you understand the severity of the charges made against you and advise you on the best course of action. Call 719-475-2555 to schedule a free consultation today.

On March 1, the federal Drug Enforcement Administration (DEA) announced that five varieties of synthetic marijuana have been added to their list of illegal drugs, reports The Denver Post.

The chemicals in synthetic marijuana, often referred to as Spice, are created in labs to create effects that are comparable to marijuana plants but are molecularly different enough that they escape being detected in urine tests. Then, the formula is sprayed on organic materials that are able to be smoked and sold in shops as “incense.”

The emergency order by the DEA makes possessing or selling products that contain any of the five popular chemical formulas for synthetic marijuana illegal for the next year. According to DEA Administrator Michelle M. Leonhart, the move was prompted due to the belief that young people are being harmed when they smoke Spice products and that they equate the legal availability of the synthetic marijuana as being safe, which the DEA believes is a wrong assumption.

The chemical compounds were listed under Schedule 1, which is the most restrictive classification. Along with the U.S. Health and Human Services Department, the agency is investigating whether Spice should be permanently banned in the United States.

Long before these restrictions were finalized, shops in Colorado began selling Spice varieties that claim different chemical recipes are used instead of those that have been banned by the DEA. However, lawmakers in Colorado are working to close the loophole with Senate Bill 134. If passed, in most cases, the bill would outlaw any chemical that interacts with a person’s brain the same way traditional marijuana does. The first hearing regarding the legislation is scheduled for March 9.

The laws surrounding marijuana in Colorado are incredibly complex and changing constantly, leaving many confused about what’s legal and what isn’t. If you have been charged with a marijuana-related offense, contact the Colorado marijuana defense attorneys at The Bussey Law Firm, P.C. Our highly skilled and experienced lawyers can explain the charges that have been made against you and help you decide what the best course of action is for your specific situation. To learn more, call 719-475-2555 today.

The New York Times reports that a 12-year-old boy was taken into custody on March 1 in Burlington, Colorado on suspicion of killing both of his parents and severely wounding his younger brother and sister. He is currently being held in a juvenile facility.

According to Colorado authorities, the boy’s parents were discovered dead in their home after local police received a phone call from the boy, who reported that shorts had been fired. The cause of death for the couple has not yet been officially released, but 9 News reports that they both suffered gunshot wounds.

The boy’s 5-year-old sister and 9-year-old brother were seriously injured and taken to a local hospital for treatment and later transported to The Children's Hospital in Aurora, where they are listed in critical condition. According to 9 News, the girl had knife injuries on her neck and back. The 9-year-old boy also had knife injuries and was shot. It is believed both children will make a full recovery.

According to 13th District Attorney Bob Watson, the boy is facing two counts of first-degree murder for the deaths of his parents, two counts of attempted first-degree murder, and two counts of first-degree assault for allegedly injuring his siblings. Charges are expected to be filed on March 4. Authorities have not named any other suspects in the Colorado violent crimes case, and Watson has stated he believes the correct person is in their custody.

What is unclear is whether Watson will ask a judge to consider charging the 12-year-old as an adult. Legally, the boy can’t be charged as an adult because he is under age 14. It is up to the juvenile court system to determine whether the boy can be charged as an adult. However, under Colorado state law, anyone age 12 or older can be charged as an adult for particularly serious felonies.

Watson has stated he has not decided whether he will take the necessary steps to have the 12-year-old tried as an adult. He says the next steps will be to meet with the boy’s family to determine their family history as well as the maturity and psychology of the boy.

Violent crime cases are incredibly complex, particularly when a juvenile is involved. The penalties for these types of crimes can be severe, which is why it is crucial to have experienced legal representation on your side. Colorado juvenile murder defense attorney Timothy Bussey at The Bussey Law Firm P.C. has the skill to successfully defend your legal rights if you have been charged with a violent crime in Colorado, either as an adult or juvenile. Call 719-475-2555 to learn more.