Colorado Springs Criminal Law Blog

During the upcoming Labor Day holiday weekend, the Colorado Department of Transportation (CDOT), the Colorado State Patrol, and local law enforcement agencies across the state are increasing their patrols of officers looking for drivers who may be intoxicated by alcohol or drugs. The increased patrols include more officers on regular patrol, extra officers conducting saturation patrols, and officers holding sobriety checkpoints at various locations throughout Colorado.

Colorado is increasing its Labor Day patrols in order to combat the statistics that show a rise in driving while intoxicated during summer holidays. They hope that by putting more officers on the road, they will cause many drivers to think twice about driving if they aren’t completely sober, and will be able to stop drivers who try to drive while intoxicated. The patrols are part of a nationwide campaign to “crack down” on DUIs over the Labor Day holiday weekend, known as the “Drive Sober or Get Pulled Over” campaign.

In addition to looking for drivers who may have been drinking, Colorado police officers plan to look for drivers who may be intoxicated or impaired by other drugs, such as marijuana or prescription medications. These substances can also make it harder for a driver to operate a motor vehicle safely, but the signs that someone is impaired by them can be very different from the usual signs of a possible DUI that police are trained to look for.

Increasing police patrols increases the chances of stopping those who should not be driving, but it also increases the chances that an officer may make a mistake. If you have been charged with drunk driving, contact the experienced DUI defense lawyers in Colorado Springs at The Bussey Law Firm, P.C. We can help you understand your legal rights as well as the options available to you. For a free and confidential consultation, call us today at 719-475-2555.

Police officers in Colorado and elsewhere use three standardized field sobriety tests along with other clues to help them decide whether or not to arrest a driver on suspicion of driving under the influence of alcohol or drugs (DUI). These tests include the horizontal gaze nystagmus test, the one-leg stand test, and the walk-and-turn test.

These tests are difficult to pass, even if a driver is sober. However, police continue to use them because their ability to pick out drivers who are actually impaired is rated quite high by authorities such as the National Highway Traffic Safety Administration (NHTSA). For instance, a 1998 study cited by NHTSA concluded that in 88 percent of cases, the horizontal gaze nystagmus test will correctly identify an impaired driver; in 79 percent of cases, the walk-and-turn test will correctly identify a drunk driver; and in 83 percent of cases, the one-leg stand test will correctly identify a drunk driver. Overall, the study concluded, the standardized field sobriety tests will correctly identify drunk or impaired drivers 91 percent of the time if all three tests are used together.

Although “91 percent accuracy” sounds impressive, it hides the fact that, even at that rate, one in every ten drivers will be improperly arrested on suspicion of impaired driving when they are not actually impaired. The numbers are even worse if only one or two tests are given. For instance, one in every five drivers will be improperly arrested if only the walk-and-turn test is used.

Field sobriety tests are meant to give officers more information, but a failed test does not automatically justify a drunk driving conviction. If you are facing DUI charges in Colorado, the experienced Colorado Springs DUI defense attorneys at The Bussey Law Firm, P.C. can help. For a free and confidential case evaluation, call us today at 719-475-2555.

Facebook and other social networking sites give people the opportunity to share information, links, videos, photos, and more with their friends and with the world at-large. Now police are logging on as well, in the hopes that people will share information that can lead to the arrest and charging of those suspected of criminal activity.

When Facebook was first launched, it allowed anyone with an email address ending in .edu to use the service, which included campus police officers. Many used the site to search for evidence of underage drinking and other misbehavior on the campuses where they worked. Today, Facebook allows users to restrict who can see their information. Some users believe that, because Facebook’s user agreement states that the site is for “personal” use, that law enforcement officers cannot use information posted to Facebook to investigate crimes or as a basis for an arrest. However, most courts accept that anything posted on Facebook without restrictions has been posted “in public” and is fair game for a criminal investigation.

Since Facebook allows users to control who can and cannot view the things they post, users would be wise to protect themselves from having strangers view their posts, pictures, and more by setting their Facebook privacy settings so that they allow only people the user has added as friends to see what they put up. Not only does this protect the information from becoming part of a criminal investigation, it also helps protect the user’s privacy, including decreasing the risk of identity theft.

As technology changes, so do the ways law enforcement tracks people’s behavior. If you have been charged with a felony or other crime in Colorado, the experienced criminal defense lawyers in Colorado Springs at The Bussey Law Firm, P.C. can help. Call us today at 719-475-2555 for a free and confidential consultation.

In Colorado, “vehicular assault” is a felony, and serious penalties may be imposed on a person who is convicted of committing the crime. A vehicular assault conviction in Colorado may be based on either one of two different parts of the vehicular assault law. These are:

“If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault,” or “If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.”

The second half of the statute prohibits driving under the influence of alcohol and/or a wide range of drugs, including legally prescribed medications if those medications impair the driver “to a degree that such person is substantially incapable...of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” Although this is not the precise definition that appears in Colorado’s drunk driving laws, a person charged with a DUI or DWAI in Colorado who was also involved in a traffic accident may face vehicular assault charges as well.

If you have been charged with driving under the influence, vehicular assault, or another serious crime, you need the help of an aggressive and experienced Colorado felony defense lawyer. Attorney Timothy Bussey has the experience to build a strong case that fights for the best possible outcome while also protecting your legal rights. For a confidential consultation, call The Bussey Law Firm, P.C. today at 719-475-2555.

Colorado was one of the first states in the U.S. to create a separate juvenile criminal justice system for people between ages 10 and 17 who were suspected of committing crimes. Today, Colorado’s juvenile courts still handle the vast majority of cases involving this age group, but Colorado law allows district attorneys to submit certain juvenile cases to the state’s district courts instead. If the case is tried in district court, the juvenile accused of the crime may be tried under the same rules that apply to adults 18 and older.

When deciding whether or not to transfer a case from juvenile to district court, the district attorney considers factors such as the juvenile’s age, the type and severity of the charges, and the suspected juvenile’s past history with the courts. Younger persons who are charged with less serious crimes and who have no past history of criminal activity will rarely, if ever, be tried as adults.

Colorado law requires a child to be at least 12-years-old before they can be tried as an adult, and then only if the charges are for a Class 1 or Class 2 felony and the case is transferred from the district court. Young people aged 16 or older may be tried as adults with their cases filed directly in the district court, but only for certain severe charges, including homicide and other felony crimes of violence.

When a young person is charged with a crime, it’s important to choose an attorney that knows the ins and outs of the juvenile justice system. Colorado Springs juvenile crime attorney Timothy Bussey’s experience with Colorado’s juvenile courts can help you and your loved ones fight to protect a young person’s rights while seeking the best possible outcome in their case. To learn more, call The Bussey Law Firm, P.C. today at 719-475-2555.

Any driver who is found guilty of driving under the influence of alcohol (DUI) or driving while intoxicated (DWI) faces strict penalties. Some drivers, particularly those who are convicted of a second or later offense in New Hampshire, may be required to have an ignition interlock device installed on their vehicle.

Put simply, an ignition interlock device is a breath testing machine connected to the car’s ignition. The testing machine generally consists of a tube connected to a sensor. Most ignition interlock devices identify alcohol by using an ethanol-specific fuel cell. The cell is covered by a thin layer of platinum, which oxidizes when it comes in contact with alcohol molecules. The machine also contains a sensor that scans for the specific kind of oxidization that occurs when the cell comes in contact with alcohol. If the sensor “sees” this type of oxidization, it sends a signal to the car’s ignition to prevent it from starting. The machine may also make an entry in the device’s computer memory, which can be downloaded later.

The fuel cell technology used in most ignition interlock devices is different from the technology used in most breath testing machines, which typically use infrared spectroscopy to “see” alcohol molecules in a breath sample. Although the fuel cell doesn’t usually give an accurate reading of the amount of alcohol in a breath sample, it is usually accurate at determining whether any alcohol is present or not. Fuel cells are also considerably cheaper than infrared spectroscopy. Since the driver convicted of DUI usually has to pay the cost of installing the ignition interlock device, price matters.

This blog post appears courtesy of Tenn And Tenn, P.A., a New Hampshire based law firm that handles NH DWI cases.

Despite recent news reports of a rash of violent crimes taking place in the Colorado Springs area, the crime rate for the city and surrounding areas as a whole has not increased, according to a recent article in The Tribune. Although the population has risen, the number of total crimes has not risen with it.

Development on the north side of the Colorado Springs area has brought more people and businesses to the city, but local police say that violent crimes haven’t increased as a result of the newly-developed areas. According to officers in Palmer Lake and Monument, theft and domestic violence remain the most commonly-charged types of crimes. More violent encounters, such as robberies, assaults, and homicides, occur in Colorado Springs at about the same rate they did before the new developments, indicating that these new communities are not creating more crimes or attracting people who might commit crimes.

The question whether crime was increasing in the Colorado Springs area arose after four lives were lost in one night, due to what police believe was criminal activity. The deaths include one person who is believed to have been the victim of a carjacking, along with the deaths of three teenagers. Police are still investigating these deaths, but say that the fatalities, while tragic, do not appear to be part of a larger “crime spree” in the area.

If you have been charged with a violent crime in Colorado, please don’t hesitate to call the experienced Colorado Springs violent crime defense lawyers at The Bussey Law Firm, P.C. Attorney Timothy Bussey has the legal resources and practical experience that is required to protect your legal rights while pursuing the best possible outcome. For a free and confidential consultation, call Mr. Bussey today at 719-475-2555.

Several Colorado city police forces rely on the “Taxis on Patrol” program to provide extra surveillance and to report any activity taxi drivers find suspicious. Now, the state police are planning to expand the Taxis on Patrol (TOP) program to include truck drivers, who frequent Colorado’s in-state and interstate highways, according to a recent news report from WDVR.

The original TOP program, which began in January, puts taxi drivers through a training session that teaches them how to identify behavior that might be suspicious. If they see any such behavior, taxi drivers then contact the local police force to report it.

According to Denver police, the TOP program has already affected the crime rate in and around Denver in several ways. First, the program appeared in the national news after a taxi driver witnessed a hit-and-run accident and gave police the information they needed to arrest a suspect. Also, police say that many people think twice about their plans when they see a taxi with a TOP sticker nearby, which may stop crime before it even starts. By expanding the program to truck drivers, police hope to prevent criminal activity statewide.

An eyewitness’s suspicions may sound compelling, but they don’t mean that anyone has actually committed a crime. If you have been charged with a crime in Colorado and you need legal representation, call The Bussey Law Firm, P.C. Our criminal defense attorneys in Colorado Springs can help you build an aggressive defense that protects your legal rights. Call us today at 719-475-2555 for a free consultation.

In Colorado, the Department of Motor Vehicles is responsible for keeping track of driver’s licenses. This includes keeping track of traffic violations and other crimes that a driver might be convicted of, so that the Department can suspend or revoke a driver’s license if the law requires it. One way a Colorado driver might face suspension is if he or she receives too many “points” in a certain amount of time.

Driver’s license points are given when drivers are convicted of certain traffic or other offenses. These include convictions for DUI (driving under the influence), hit and run, and driving with a license already suspended or revoked. A driver’s license might be suspended or revoked due to too many points if the driver is 21 years or older and has had 12 points in the last 12 months or 18 points in the last 24 months. For drivers ages 18 to 20, suspension may occur if the driver has 9 points in the last 12 months, 12 points in the last 24 months, or 14 points total while he or she is 18, 19, or 20 years old. Drivers under the age of 18 face suspension if they earn 6 points in 12 months or 7 points total before reaching age 18.

Drivers facing suspension due to points are entitled to a hearing. Experienced Colorado DMV points attorney Timothy Bussey has represented many drivers in DMV hearings, and he can help you fight to keep your driving privileges. To learn more, call The Bussey Law Firm, P.C. today at (719) 475-2555.