The General Assembly is currently debating whether they should sign in House Bill 1077. House Bill 1077 would be instrumental in changing current laws regarding DUI, DUI per se, and DWAI arrests. The bill would allow drivers to challenge the validity of the law enforcement officer’s initial contact with the driver at Department of Revenue (DOR) driver’s license revocation hearings. The hearing officer will consider these issues when a driver raises them as defenses.
The bill was proposed after the Colorado Court of Appeals decision in Francen v. Colorado Department of Revenue, Division of Motor Vehicles, __P.3d __ , (Colo. App. no. 12CA110). The court of appeals ruled that the lawfulness of the initial stop of a motorist is irrelevant for purposes of Colorado’s express consent law. This ruling overturned many years of case law, which allowed the law enforcement officer’s initial contact to be challenged.
Passing House Bill 1077 would essentially overturn the Court of Appeals ruling in Francen, which would allow criminal defense attorneys to once again argue whether the initial police action was lawful at Department of Revenue driver’s license revocations hearings.
Mr. Bussey has challenged DMV revocations for more than 15 years. The DMV revocation hearing is an important stage of a DUI defense. Mr. Bussey has successfully challenged officer’s observations at these hearings. If you are faced with criminal charges, an experienced attorney can help you defend yourself in court and protect your legal rights.
The legal team at The Bussey Law Firm, P.C., dedicated Colorado Springs criminal defense attorney Tim Bussey strives to provide aid each of his clients, no matter what charges they face. For a no-cost consultation, call us today at (719) 475-2555