Colorado Springs Criminal Law Blog

Police research shows that roughly half of the drivers arrested by police for driving under the influence of alcohol in 2009 were repeat offenders. Last year, Basalt police officers made 74 DUI arrests. Of these arrests, the agency was able to track down the records of 46 of those arrested and convicted, 25 of which had a prior DUI arrest in Colorado.

The police were unable to obtain the driving histories of the remaining 28 arrestees as they were from out of state and natives of other countries, predominantly Latino. The report also indicates that Basalt’s percentage of repeat DUI offenders is higher than the state average.

In the wake of these results, some argue for harsher DUI penalties, providing a stronger deterrent to potential offenders. Some Colorado lawmakers would like to pass a bill requiring a mandatory jail sentence for repeat offenders. This would make two or more DUI convictions a felony. Others argue that the state does not have the money to house thousands of additional inmates convicted of DUIs.

Continue reading "Alarming Number of Repeat DUI Offenders in Basalt" »

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Posted In: Criminal Charges , Drunk Driving/ DUI , Law & Information

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Last December, Colorado Springs police launched an investigation on DUI test results, following a routine crime lab audit that showed 82 errors in blood alcohol test results. On February 1, 2010, the Colorado Springs Gazette reported that the police investigation has discovered 167 erroneous test results, which is double the number previously reported. A police spokesman stated that the inflated DUI test results are most likely due to human error, rather than equipment error or something inherent with the lab itself.

Since December, the police department has re-evaluated about 1,000 blood alcohol test results taken since January 2009. Meanwhile, prosecutors have been contacting individuals whose cases may have involved the flawed tests.

Continue reading "Flawed DUI Tests Double in Colorado Springs" »

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Investigations are only as accurate as the individuals who conduct them. While necessary precautions are taken to ensure that test results are as accurate as possible, error can still result. According to a recent article posted on springsgov.com, the validity of blood alcohol concentration (BAC) readings arrived at by the Metro Crime Lab has been brought into question. An internal investigation revealed that some tests, administered from 2009 to the present, were determined to have been initially reported at higher levels than the actual results should have warranted. That is, approximately 82 tests have been deemed inaccurate thus far. During the time period of admitted inaccuracy, the Metro Crime Lab processed approximately 1,000 tests. Investigation into the matter and retesting of results by a Senior Forensic Chemist are both ongoing.

The cause of this problem is still being looked into, with both the Colorado Springs Police Department (CSPD) and The Colorado Bureau of Investigations (CBI) conducting investigations into the matter. Also, the manufacturer of the equipment used in gathering the blood alcohol concentration numbers, Agilent Technologies, has also looked into whether or not the equipment used during the testing was defective or improperly calibrated. Regardless of the reason though, individuals who were initially deemed to be above the legal limit in terms of BAC may not have been over the limit at all. Therefore, charges brought against those individuals may have been based on erroneous information.

Continue reading "Colorado Springs Metro Crime Lab Finds Errors in 2009 BAC Testing" »

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According to Colorado’s ABC affiliate, KRDO News Channel 13, a traffic accident took place at the intersection of Circle Drive and Union Boulevard. The accident involved two vehicles, one of which allegedly ran through a red traffic light. Reportedly, a white van entered the intersection against the traffic light, and struck another vehicle. The driver of the struck vehicle sustained broken bones and possible spinal damage, while the injuries of the driver of the white van were not reported. However, both drivers were taken to the hospital for treatment of their injuries.

The driver of the white van is currently facing charges for DUI in Colorado. While the story did not go into detail regarding how law enforcement was able to come to the suspicion that the man was driving under the influence, it is safe to assume that either field sobriety tests were administered, or the police felt there was enough evidence of intoxication to establish probable cause. In any event, it is essential that sobriety tests of all kinds are properly administered by properly trained law enforcement officials to ensure that an otherwise innocent individual is not accused of DUI.

Continue reading "Alleged DUI Driver Runs Red at Circle and Union" »

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A traffic accident in Fort Collins has left a 19-year-old female passenger in critical condition and the 22-year-old male driver of the vehicle in custody on suspicion of driving while under the influence. A coloradoan.com article talks about the details surrounding the crash. Reportedly, the vehicle involved in the crash was traveling on Larimer County Road 38E during early morning hours. When the driver attempted to make a left hand turn, the SUV rolled over, passenger-side down. The 19-year-old woman was partially ejected from the vehicle, with the weight of the vehicle somewhat placed on top of the woman. According to the news story, neither the man nor woman was wearing a seatbelt. Furthermore, conditions at the time of the crash were snowy, making roads hazardous.

The 22-year-old driver was arrested on suspicion of vehicular assault, DUI, and careless driving. Though evidence collected at the scene may indicate such offenses, it is essential that all vehicular crashes are thoroughly investigated in order to determine the exact cause and what contributing factors led to the crash in the first place. Certainly, given the type of vehicle that was being driven and the adverse weather conditions at the time of the crash, blame for a rollover crash cannot be solely attributed to the fact that an individual was supposedly under the influence in some way. While it will be determined in a court of law what degree of wrongdoing was actually committed, it is important for all the details of the case to be carefully examined so that the proper verdict is handed down.

Continue reading "DUI Suspect in Larimer County Rollover Accident" »

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Technology is changing the way we function in our day-to-day lives all the time. A recent NBC news, channel 9 report talks about a new method of providing local police with tips and other information that may help curb crime throughout Colorado. A text messaging tip-service, introduced by Metro Denver Crime Stoppers, will join the email and telephone tip-services that the non-profit organization already utilizes to assist more than 20 Denver metro law enforcement agencies solve crimes.

Reportedly, Crime Stoppers will review the anonymous tips that are received, and forward those tips to the appropriate agency. Successful text tips, just like the phone and email tips, may result in the tip provider being awarded up to $2,000 if the tip provides information that leads to the arrest of a wanted individual.

The story cites the notion that, with so many people text messaging as a means of communicating nowadays, text messaging tips should prove instrumental in helping solve crimes throughout the state of Colorado. However, as with all anonymous tips provided by the general public, these tips need to be carefully screened in order to ensure that the innocent individuals are not accused of and even arrested for crimes that they didn’t commit. While it remains to be seen whether or not a service such as this will be a blessing or a mistake, the concept is certainly a good one, provided it isn’t abused by individuals that find some sort of satisfaction out of providing anonymous tips that have no merit.

Continue reading "Fighting Crime With Your Fingers" »

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According to thecherrycreeknews.com, a crash scene involving a passenger car and a motorcycle was recreated for the benefit or warning motorists of the dangers associated with driving under the influence. Put on by members of the Pikes Peak Region DUI Task Force, the event marks the kickoff of the national DUI crackdown amongst motorists, particularly throughout the remaining days of summer.

According to Colorado Springs Police Department Sergeant Craig Simpson, “The Pikes Peak Region DUI Task force is committed to saving lives by using all available resources to keep drunk drivers off our highways, roads and streets. Impaired driving is a crime that has devastating impacts for the perpetrator and the victim. As the final days of summer come to a close, we hope everyone will make the right choice to designate a sober driver if they plan on drinking.” Law enforcement agencies in Colorado plan on increasing the number of active patrols who are on the lookout for impaired drivers, as well as conduct numerous saturation patrols throughout the DUI crackdown period, particularly Labor Day weekend.

Saturation patrols and DUI checkpoints are effective means of helping curb the driving while under the influence problem, but must be properly conducted in order to ensure that innocent motorists are not accused of and arrested for driving under the influence.

Continue reading "DUI Checkpoints to Be Held Labor Day Weekend" »

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Posted In: Alcohol Charges , Breath Tests , Criminal Charges , Drunk Driving/ DUI , Law & Information

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Colorado park rangers are warning drivers about boating under the influence this summer. According to this news report, Colorado's boating under the influence laws became harsher in August with the limit for boating under the influence lowered from the 0.10 blood alcohol content to match the state's driving under the influence laws at 0.08 percent. Officials say this new law gives rangers more leeway in determining whether a boater is intoxicated. The methods that rangers use to determine a potentially drunk boater are similar to tests used on roadside sobriety checks.

Rangers typically do safety inspections on boaters or stop them if they see boaters acting recklessly or operating their vessels dangerously. The sobriety tests are a little different from those done on the road because the tests usually include a 20-minute wait on the shore to remove the possibility that a person may be off-balance because of being on the water. Sentences for first-time offenders for boating under the influence in Colorado could range from five days to six months in jail and a fine of $100 to $1,000, and as many as two years probation and a mandatory three-month ban on boating in state waters.

Continue reading "Boating Under the Influence Laws Stricter in Colorado" »

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Posted In: Alcohol Charges , Criminal Charges , Drunk Driving/ DUI

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The police chief of Avon, Colorado, is saying that he wants to change current Colorado laws and require suspected drunk drivers to submit to a blood test if they say no to a Breath test. According to this CBS News report, Police Chief Brian Kozak is saying that he wants this rule change because "some drunk drivers don't get the punishment they deserve."

Drivers in Colorado can legally refuse a Breath or blood test if there are no injuries or death. The chief is saying that he wants this new law to be used based on DUI history. For example, he says first-time offenders for a DUI in Colorado will likely not be asked to give a blood sample. However, based on this new law, if more suspected offenders refuse a blood test, then police can seek a search warrant from a judge and use that to draw blood from the person.

Kozak's plan basically eliminates a repeat offender's right to refuse a blood test for alcohol content. Kozak says he does not anticipate any legal problems because he says Colorado law states police officers can obtain a search warrant for any type of crime and "why should we treat DUI any different?"

Such a law would infringe on the rights of all drivers. Colorado law states that drivers have the right to refuse breath or blood tests under most circumstances.

Continue reading "Colorado Mandatory Blood Tests for DUI Advocated by Police Chief" »

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Posted In: Alcohol Charges , Criminal Charges , Drunk Driving/ DUI

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Even as Coloradans are preparing to hit the roadways for the summer travel season, the Colorado State Patrol and law enforcement agencies across the state of Colorado are getting ready to embark on an unprecedented level of summer-time DUI enforcement called "100 Days of Heat." According to this news report, the campaign includes additional DUI enforcement periods and plans for more than 150 sobriety checkpoints between the Memorial Day and Labor Day holidays. According to statistics, more than one-third of all alcohol-related fatalities in Colorado occurred between the two holidays.

What does this mean for motorists? This means that there will be a lot of targeted enforcement this summer. Officials will increase patrols to target roadways that are known to be Colorado DUI hot spots. DUI checkpoints are dangerous because you may be stopped, even if there is no probable cause to stop you. Officers are extremely motivated to "find" DUI offenders during such targeted patrols. Normally, a DUI traffic stop occurs when an officer sees a motorist driving erratically, for example. But with a DUI checkpoint, a traffic stop is random.

Continue reading "Colorado DUI Enforcement: “100 Days of Heat”" »

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Colorado Springs police are investigating a serious auto accident where both drivers involved were allegedly driving under the influence. According to this KKTV news report, the two cars – a Ford sedan traveling west on Colorado Avenue and a Nissan SUV driving south on 24th Street – collided. Both drivers were admitted to the hospital in serious condition while passengers in both vehicles were treated for minor injuries. Police say both men will be charged with Colorado Springs DUI and vehicular assault. Both are expected to be arrested after they are released from the hospital.

Each state in the United States has its own set of DUI laws, but there are certain concepts that are common to most states. In all states, it is illegal to operate a motor vehicle with a blood alcohol level of 0.08 percent or higher. It is also illegal to drive under the influence of illegal drugs – be it recreational or prescription drugs. Both the criminal and civil penalties for drunk driving can be harsh and could include loss of license, hefty fines, jail time, community service, restitution, probation and mandatory substance abuse treatment. If you are a repeat offender, the consequences may be even more severe.

If you or a loved one has been charged with a DUI or DWAI in Colorado Springs, you need a knowledgeable and experienced Colorado Springs DUI defense attorney on your side fighting for your rights and skillfully defending your charges. Please call The Bussey Law Firm for a free consultation. We will help you keep your driver's license and help minimize the adverse effects a DUI can have on your life and your criminal record. Please call us today to find out how we can help you get a favorable outcome in your Colorado Springs DUI case.

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Posted In: Alcohol Charges , Criminal Charges , Drunk Driving/ DUI , Traffic Violations

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A key official in the Colorado Springs Chamber of Commerce is facing felony drunk driving charges in Colorado after officials say she caused a car accident that seriously injured her passenger. According to this news report in The Gazette, the 40-year-old woman was speeding in her 2002 Lexus around a curve on Hill Circle Drive in the Kissing Camels Estates when she lost control of the vehicle, ran into a median, struck a tree and careened another 60 feet before coming to a stop.

Both the driver and passenger were seriously injured and had to be extricated from the car by emergency crews. The driver is apparently still in the hospital with injuries. Once she is released from the hospital, officials say she will be arrested on suspicion of reckless driving, DUI and vehicular assault.

It is an offense in Colorado to operate a motor vehicle with a blood alcohol content of 0.08 percent or higher. Blood alcohol content is usually measured using breath or blood tests. Most times, arresting law enforcement officials administer what are known as "field sobriety tests" to determine whether or not the driver is intoxicated or impaired. As a DUI defendant in Colorado, you have legal rights.

If you've been charged with driving under the influence or driving while ability impaired (DWAI) or with any traffic violation, it would be in your best interest to consult an experienced Colorado Springs criminal defense lawyer right away.

A skilled Colorado DUI defense attorney can help you protect your driving privilege and make sure that your case is completely reviewed for defense strategies. If you or a loved one is facing DUI charges, please call The Bussey Law Firm P.C. to schedule your free and confidential consultation.

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An El Paso County sheriff's detective faces several charges after a police pursuit and confrontation in February. According to this Associated Press news report, the major crimes detective at the sheriff's department was subdued by a shot with a sponge round and a police dog on Feb. 28. The detective faces two counts of felony menacing, prohibited use of a weapon, vehicular eluding, resisting arrest, reckless driving and driving under the influence in Colorado. The deputy is on paid administrative leave pending his trial. The charges apparently came after the confrontation in a Franktown parking lot when the officer refused to be pulled over. He was said to be "suicidal" at the time.

Felony crimes usually result in the most severe punishments that the criminal justice system is authorized to impose. If you or a loved one has been charged with a felony DUI in Colorado Springs, it is critical that you contact an aggressive and skilled felony DUI defense lawyer. Examples of felony crimes include homicide, robbery, assault, burglary, sexual assault or rape. Driving under the influence can become a felony if the incident involves significant injury to another driver, passenger or pedestrian.

Felony crimes in Colorado are usually punished with a lengthy prison sentence and severe monetary penalties. A top Colorado criminal defense attorney can help get your charges dismissed or reduced and even help get your fines lowered. If you have been charged with a felony crime in Colorado, please call The Bussey Law Firm P.C. to get more information about your legal rights and options. Initial consultations with us are always free.

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A lost vehicle license plate apparently led Colorado State Patrol officials to arrest a 16-year-old boy on suspicion of DUI in Colorado the morning of February 11, according to this news report in The Daily Sentinel. Colorado State Patrol officials earlier that morning had responded to a call regarding a hit-and-run accident in which a vehicle had crashed into a highway information sign at 3219 Interstate 70 Business Loop.

Officers found the license plate lying at the intersection. Local law enforcement officials traced the plate and located the vehicle parked at its registered residence. The vehicle looked as if it had been in a car accident and state troopers found the 16-year-old boy asleep behind the wheel, the article stated.

Continue reading "Colorado DUI Arrest of Suspected Teen " »

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A 20-year-old woman was arrested following a three-car collision on Austin Bluffs Parkway. According to a recent article posted on Southern Colorado’s KKTV.COM, the woman was arrested on suspicion of DUI in Colorado and vehicular assault.

The Colorado Springs car accident happened near the University of Colorado campus as the woman, who was driving eastbound on Austin Bluffs, lost control of her car. Her Toyota Camry then crossed the median into the westbound lanes and hit a Geo Tracker as well as a Ford pick-up truck, Colorado Springs police said. The driver of the Tracker suffered “serious bodily injury” as his auto rolled over in the crash.

Continue reading "Colorado Springs Drunk Driving Incident Responsible For Multiple Auto Accidents" »

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A Colorado Springs accident that involved two autos ended with the arrest of a hit-and-run driver, according to this recent news report in KKTV.COM. The two-vehicle collision happened near Austin Bluffs and N. Academy.

More details have not been made available in this report and the driver who was arrested has not been identified. The hit-and-run car was found a short time after the accident. Police arrested its driver for Driving Under the Influence (DUI) and he was taken to an area hospital for treatment. The driver of the other car that was hit, was not injured, the article said.

Continue reading "DUI Suspect Arrested Following Hit-And-Run Accident" »

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The website espn.com reported on October 28, 2008 that Colorado Rockies pitcher Luis Vizcaino 34, was detained early Monday morning on October 27, in Tampa Florida for driving under the influence. The Tampa Tribune has reported that Vizcaino was being charged with a misdemeanor DUI.

According to the officers involved in the arrest Vizcaino was travelling at 71 mph in a 45 mph zone early the morning of his arrest. Vizcaino’s eyes were found to be glossy and blood shot while also smelling strongly of alcohol. His blood alcohol level was slightly over the legal limit. Vizcaino lives in Florida and was bailed out prior to noon the same morning he was arrested. The Rockies did release this statement, “We are continuing to monitor the situation and have been in contract with Luis and his representatives.” His baseball season was cut short by injury this year; he had a record of 1-2 and an ERA of 5.28.

DUI’s are serious offenses and can bring with them heavy fines and jail time. Contact the experienced DUI defense attorneys in Colorado at The Bussey Law Firm, P.C. who have extensive experience and knowledge of the court system. Know your options. Avoid making mistakes and protect your license and your right to drive. Once represented by DUI lawyer Timothy Bussey, the authorities may only communicate with you through your attorney or while your lawyer is present. This ensures you won't hurt your case by an inadvertent admission. Please call 1-719-475-2555 for a free consultation.

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Effective January 1, 2009, Colorado law has changed concerning license revocations. The law change affects those facing a license revocation action as a result of a DUI allegation. A person should consult an experienced Colorado Springs DUI attorney to receive advice concerning their particular case.

The following is a very basic overview of the new changes.

For a first time offender (over the age of 21) who has submitted to a chemical test that resulted in a BAC of .08 or greater the revocation period has increased from three months to nine months. This applies to cases which occurred on or after January 1, 2009. A person receiving the nine month revocation may request early reinstatement after one month if they install an ignition interlock device on their vehicle. An ignition interlock device is an alcohol sensor. You must blow into the ignition interlock in order to operate your vehicle. If it sense alcohol, the vehicle will not be operable.

If the person who has installed the ignition interlock has four consecutive months of no alcohol detected, they may be eligible to have the ignition interlock devise removed. There are additional changes to the law which can be discussed with an experienced DUI attorney in Colorado.

The DMV has time limitations for a person to request a DMV hearing. There may be as little as seven days before a person is subject to revocation. A person should contact a DUI defense lawyer in Colorado Springs as soon as possible to receive legal advice concerning their specific case.

Each person’s case is different and the DMV laws are subject to constant change and revision. Contact the Bussey Law Firm, P.C. to review your case and defend your driving privilege. Representation by DUI lawyer Timothy Bussey, can help prevent a license revocation.

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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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A 48-year-old man, who is facing driving under the influence charges in Montana, has nine prior DUI convictions in Colorado, according to this report in the Rocky Mountain News. Thaylin Pierce was reportedly arrested at a parking lot in Billings where some people saw him stumble drunkenly away from a casino. The citizens prevented him from driving away by blocking his pickup truck.

Police arrested Pierce after he failed a field sobriety test and refused to take a breath test, according to court documents cited in the news article. He has also been charged with misdemeanor counts of resisting arrest and not having proof of insurance. According to prosecutors, Pierce has also been previously convicted of a DUI in Wyoming.

Repeat DUI offenders face extremely serious consequences including jail time, hefty fines and loss of driver’s license. What these defendants need is not jail time, but some serious help with alcohol or drug rehabilitation. However, courts tend to be more sympathetic to first-time offenders with regard to alternative sentencing. Repeat offenders could face more serious consequences if the incident resulted in injuries or death to someone other than the drunk driver. In such cases, the defendant could be looking at vehicular manslaughter or even murder charges. In the State of Colorado, it is illegal to operate a motor vehicle with a blood alcohol content of 0.08 percent or more.

If you or someone you love is facing a DUI charge in Colorado, please contact the Law Office of Timothy Bussey to schedule your free consultation. We can provide the quality, aggressive and experienced legal defense you’ll need to stay out of jail and get your life back on track.

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Posted In: Drunk Driving/ DUI

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Bobby Dodge, 56, a contract beer truck driver was arrested on November 12, 2008 on suspicion of driving under the influence after his big rig overturned in suburban Wheat Ridge, according to this KKTV news report. Police officials say Dodge was traveling east on Colorado 58 when he took the exit ramp too fast for the eastbound Interstate 70. That was when his truck flipped over.

Wheat Ridge police say the beer, which Dodge had recently picked up from Golden, remained in the truck’s trailer. Officials had to take out the entire load of beer from the truck to set it upright. Thankfully no other vehicles were involved in this big rig accident and no injuries were reported. Dodge was booked and taken to a detoxification facility, the news report stated.

If you have been charged with a DUI or DWAI in Colorado, you are facing severe penalties including heavy fines, suspension or revocation of your driver’s license or even jail time. The penalties can get even more severe if you have been repeatedly arrested on drunk driving charges or if you have prior DUI convictions. An agressive defense can help minize those penalties.

If you or someone you love has been accused of driving under the influence in Colorado Springs, please call the Law Office of Timothy Bussey to find out how we can help you defend those charges. If you are a commercial truck driver, especially, you run the risk of losing your license and your livelihood. Please call today for a free and confidential consultation.

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According to a report in the Rocky Mountain News, Jeffrey Casey, 35, of Golden, Colorado was pulled over at 2am on October 9th, 2008 for suspected DUI on West Sixth Avenue. In an attempt to escape police, Casey tried to drive off during the traffic stop and in a frightening turn, the arm of Trooper Bradley Fox got caught in the jeep and the trooper was dragged 50 to 100 feet before he was able to free himself, jump back in his cruiser, and give chase.

The chase ended on West Colfax Avenue, where the trooper's car and the Jeep made contact, causing the Jeep to crash into cars at the dealership between Kipling and Simms and roll onto its side. Trooper Bradley Fox was treated for minor scrapes and returned to work on the investigation

Thankfully nobody was seriously injured in this incident, as the driver of the overturned jeep was reported to have suffered only moderate injuries. The result could have been much worse, as high speed chases are dangerous events that often end in catastrophic injury and even death.

Continue reading "DUI Suspect Flees Police, Drags Trooper 100 Feet" »

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According to a published report in the Minneapolis Star Tribune, a 25 year old driver who was pulled over for speeding, unsafe driving, and suspicion of drinking and driving has explained that the reason he swerved into the wrong lane on the highway was that he was text messaging.

The driver was traveling in the wrong lane when he approached a Cass County deputy's squad car on a Minneapolis highway. The driver swerved to avoid hitting the squad car, then took off at speeds of up to 100 miles per hour before pulling over.

"This is the kind of traffic event where almost everything that could go wrong, did go wrong," said Nathan Bowie, a spokesman for the Department of Public Safety. "Fortunately, the officer was there to make the stop before anything else happened."

Research shows that driver inattention is the leading factor in most crashes and near-crashes. According to a 2006 NHTSA and Virginia Tech Transportation Institute study, nearly 80 percent of crashes and 65 percent of near-crashes involve some form of driver inattention within three seconds before the crash. Cell phone use is one of the most common driver distractions.

Continue reading "Distracted Driver Charged With Speeding, Drunk Driving" »

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