Colorado Springs Criminal Law Blog

For the seventh year in a row, Centennial was named Colorado’s safest city when it came to crime rates, according to a recent article in the Centennial Citizen. The list includes 400 cities nationwide with populations over 75,000 people and ranks cities on several crime- and other safety-issue-related indicators.

Compared to other U.S. cities, Centennial came in number 16th overall. The safest city in the U.S. was judged to be Fishers, Indiana, a suburb of Indianapolis. Boulder, Fort Collins, Colorado Springs, and Denver also made the nationwide top 400 list along with several smaller Colorado cities, suggesting that overall, the state is a relatively safe place to live and work. O’Fallon, Missouri; Mission Viejo, California; Ramapo, New York; and Newton, Massachusetts also made the top-five list.

The list examines six types of Colorado felonies: murder, rape, robbery, aggravated assault, burglary, and motor vehicle theft. An in-depth analysis of this data has been published in the book City Crime Rankings 2011-2012: Crime in Metropolitan America, which is produced by Seal Press. According to Centennial city leaders, the city is honored to have achieved the title of “Colorado’s safest city” for the seventh year in a row, and they credit the community’s strong commitment to safety for their ongoing success.

Felonies in Colorado carry severe penalties, including possible prison terms. If you or someone you love has been charged with a felony, call the knowledgeable Colorado felony defense attorneys at The Bussey Law Firm, P.C. We’re dedicated to fighting for the best possible outcome in each case we handle. Call us today at (719) 475-2555 for a free and confidential consultation.

A conviction for driving under the influence of alcohol (DUI) in Colorado carries stiff penalties, including jail, fines, and mandatory alcohol and drug treatment. When a driver receives a second DUI conviction, many of the penalties are similar to those for a first DUI - only heavier. Penalties for a second DUI offense in Colorado include:

1. Jail. Ten consecutive days of jail time are required, and during this time, a person convicted of a second DUI cannot earn or use time off for good behavior. A judge may, however, sentence a person to alternatives like home detention or day reporting even during the required 10-day period. A jail sentence can last up to a year.
2. Fines. $600 is the minimum fine for a second or later DUI, but the amount can climb as high as $1500. This amount does not include costs for treatment programs, attorney’s bills, restitution, court costs, or other expenses.
3. Probation. Two years is the minimum for a person who has been convicted of a second DUI, but a probation sentence can last up to five years total.

These aren’t the only penalties a person who is given a conviction for a second DUI, but they are some of the heaviest. If you or someone you care about is facing a drunk driving charge in Colorado, the experienced DUI defense attorneys in Colorado Springs at The Bussey Law Firm, P.C. can help. To discuss your case with us, call us today at (719) 475-2555. The call is free, and we will never share your personal information with anyone.

Two years ago, Colorado passed a law making it a crime to type out text messages on one's phone while driving. The law was intended to cut down on distracted driving, which in turn was meant to decrease the rate of car accidents in Colorado. However, the texting while driving ban is turning out to be more difficult to enforce than anticipated, according to a recent column in the Coloradoan.

The law prohibits texting while driving, but it doesn't prohibit adults from using their phones to look up contact information or dialing a phone number they want to call. Since all these activities can look very similar to texting, it can be difficult for police officers to be sure whether a driver using his cell phone is doing so illegally. Even though texting while driving is a primary offense – which means drivers can be stopped on suspicion of texting whether or not they are also doing something else that causes suspicion – few police officers actually make texting-related stops. Colorado police also note that drivers who see a police car often put their phones down, even if they are not pulled over by the officer.

If you've been charged with any crime in Colorado, you have certain legal rights, no matter how “trivial” some may think the charge is. If you or someone you love has been charged with a crime, the experienced traffic violation lawyers in Colorado at The Bussey Law Firm, P.C. can help. For more information, call us today at (719) 475-2555. The call is free and confidential.

Commercial drivers drive for a living. They spend their time behind the wheels of tractor-trailers, buses, and other large vehicles that transport goods and services. Because these drivers spend so much time on the road, the U.S. Federal Motor Carrier Safety Administration (FMCSA) makes and enforces several rules for commercial drivers. Many of these rules relate to alcohol use.

For drivers of personal vehicles, the legal limit for driving under the influence of alcohol (DUI) is a blood alcohol concentration (BAC) of 0.08 percent. Commercial drivers, however, are held to a much stricter standard: their BAC cannot be above 0.04 percent if they are driving a commercial vehicle. They are also prohibited from drinking at all while they are on duty.

The CO DUI penalties for being charged with or convicted of a DUI when a driver relies on his or her commercial driver's license (CDL) to earn a living are severe. A driver facing a DUI charge or conviction may face hefty fines or jail time. The FMCSA requires employers to suspend drivers who have a BAC greater than 0.04 percent, preventing them from driving or doing any other safety-related work, like vehicle repairs. Drivers may also be barred from working and fined if they refuse to take a chemical test for alcohol or other drug use.

Perhaps worst of all, the driver's CDL may be suspended or revoked if he or she is convicted. The financial costs of a DUI for a commercial driver are steep, and the picture is bleak if the driver loses the very thing that helps him earn a living.

At The Bussey Law Firm, P.C., our experienced Colorado commercial driver DUI defense attorneys understand how much is at stake when you're charged with drunk driving. That's why we fight to protect the rights of each client and to seek the best possible outcome in his or her case. Call us today at (719) 475-2555 for a free and confidential consultation.

A total of 447 people were arrested on suspicion of driving under the influence of alcohol or drugs (DUI) over the Halloween holiday in 2011, making the Halloween weekend one of the biggest “crackdowns” seen statewide in Colorado this year. A total of 95 separate law enforcement agencies were involved in the increased patrols over this popular fall holiday.

The statewide patrols, part of the state's Halloween Heat is On crackdown program, increased their vigilance this year because Halloween is traditionally the most dangerous holiday for driving in Colorado, according to the state highway patrol. This year's Halloween saw 10 fatal accidents on Colorado roads, a decrease of almost two-thirds since 2009. Police did not, however, say whether any of the drivers arrested on suspicion of DUI were involved in any of the accidents that occurred over the holiday weekend.

Arrests on suspicion of DUI were made by a combination of moving patrols and officers at sobriety checkpoints. Denver saw 58 arrests over the holiday, the highest of any Colorado city.

In the wake of the crackdown, which police units are generally lauding as successful, the Colorado Springs police force announced that it will no longer partner with the state police to run sobriety checkpoints. The department did not explain this change in policy, and has not said whether it will continue to run its own sobriety checkpoints in the city.

Holidays mean time to relax and party with friends and loved ones, but they also mean increased police patrols and a greater risk of being arrested. If you're facing DUI charges, please don't hesitate to contact the experienced Colorado Springs DUI defense lawyers at The Bussey Law Firm, P.C. We know how to build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. For a confidential consultation, call us today at (719) 475-2555.

Juvenile “boot camps” have been adopted in several states as a way for young people to reform after a juvenile court finds they've broken the law. The boot camp programs in most states began with programs for adults, but as courts and politicians have seen how these programs fared, they've been extended in ten states – including Colorado – to cover younger people as well. Although politicians and other officials still praise these programs, questions remain as to how effective they are for those who participate.

Most boot camp programs involve a combination of physical exercise and training, discipline, training in confidence and leadership, and a military-like atmosphere that often also offers drug counseling and other types of therapy, especially when juveniles are involved. Most participants stay in these programs for 90 to 180 days, after which they are sent back to their communities, often with detailed instructions on any necessary follow-up treatment or counseling.

Most juvenile boot camps cite two goals: to reduce overcrowding in juvenile detention facilities and to rehabilitate young people so that they are not arrested or convicted for another crime in the future. However, a study that compared eight boot camps in several different states found that, for juveniles, solutions that kept the young person in the community and with family were more effective in many cases.

Every parent knows that teens aren't adults – no matter how badly they want to be treated like adults. When a young person is charged with a crime, his or her case isn't like an adult's either. Experienced Colorado Springs juvenile defense attorney Timothy Bussey knows how to handle the unique challenges that come with protecting a young person's rights in court, and he fights for the best possible outcome in every case he handles. To discuss your legal rights and options, call The Bussey Law Firm, P.C. today at (719) 475-2555 for a free and confidential consultation.

What Are the Penalties for a First DUI Conviction in Colorado?

A conviction for driving under the influence of alcohol or drugs (DUI) in Colorado comes with some pretty heavy penalties, even if the driver has a spotless criminal record. When a driver has been convicted of a first DUI in Colorado and the driver’s blood alcohol concentration (BAC) was under 0.20, that driver may face various DUI penalties and consequences, such as:

• Jail. Five days is the minimum required jail sentence for a first DUI, but the sentence can last up to a year. The five days might be waived, however, if the driver completes a drug/alcohol evaluation before sentencing, commits to an alcohol or drug treatment program, and does not drink for at least one year. If the driver breaks any of these requirements, he or she may be sent to jail.
• Fines of $600 to $1,000. This does not include the costs of jail, treatment programs, license restoration, or other penalties.
• Probation. A driver might be placed on probation for up to two years. Not all drivers facing a DUI conviction will be given probation, however.
• Restitution. If a driver is placed on probation, he or she will be required to pay restitution for any property damage or injuries he or she might have caused. Restitution payments are separate from paying fines, and some drivers might be required to pay both.
• Costs. Finally, a driver might be required to pay court costs. These are based on costs tables kept by the courts.

If you’re facing drunk driving charges in Colorado, please don’t hesitate to contact the experienced Colorado Springs DUI defense attorneys at The Bussey Law Firm, P.C. We have experience defending the legal rights of those charged with DUI, and we will build an aggressive defense that fights for the best possible outcome in your case. For a free and confidential consultation, call us today at (719) 475-2555.

In Colorado, the sentences for all criminal convictions are determined by what “class” the crime falls into. There are six classes, with Class 1 crimes being the most serious - and carrying the heaviest penalties - while Class 6 crimes are the least serious. Each class lists a minimum and a maximum possible sentence, along with minimum and maximum parole times.

However, in some situations, a person convicted of a crime in Colorado might face a heavier sentence than the one listed for the class. This may occur if the crime for which the person is convicted is known as an “extraordinary risk” crime. As of 2011, Colorado had classified the following convictions as “extraordinary risk”:

• Aggravated robbery, Section 18-4-302
• Child abuse, section 18-6-401
• Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, section 18-18-405 (Note-not simple possession)
• Any crime of violence as defined in section 18-1.3-406
• Stalking, section 18-3-602, or section 18-9-111(4) as it existed prior to August 11, 2010
• Sale of materials to manufacture controlled substances, section 18-18-412.7

“Extraordinary risk” crimes are so named because they are thought to involve an extra risk to human health, life, or safety. According to the Colorado legislature, that additional risk justifies an additional penalty in the form of a longer jail or prison sentence, heavier fines, more years on parole, or all of the above.

Being convicted of a crime in Colorado can have serious consequences. If you’re facing charges for an “extraordinary risk” crime in Colorado, the experienced Colorado felony defense attorneys at The Bussey Law Firm, P.C. can help you build an aggressive defense that protects your rights and fights for the best possible outcome in your individual case. For a confidential consultation, call us today at (719) 475-2555.