Medical Marijuana and DUI Law

Research has shown that patients that have prescriptions for medical marijuana are considered “chronic” users and thus have a higher tolerance level than those that use the drug recreationally. This may not seem like a big deal, but it could have some serious repercussions in January if the Colorado legislature sets the law that limits the amount of TCH nanograms that drivers can have in their systems to be considered driving under the influence.

In 2011, law makers could not come to an agreement on the amount of TCH that would qualify a driver as too impaired to drive. They considered levels between 2 nanograms and 8 nanograms. While a recreational user of cannabis may be seriously impaired with 2 nanograms in their system, a person that medicates regularly and has a Colorado Registry Card may not feel the effects of 2 nanograms, let alone be impaired behind the wheel.

If a TCH level is passed by the legislature, you will be presumed to be driving under the influence of drugs, and the results of the test that detects the THC nanograms will be used as evidence against you. The result could be automatic loss of license, without tolerance taken into consideration.

Drivers charged with a driving under the influence of drugs charge in Colorado face two separate cases. The civil case is handled by the DMV and can result in the loss of license, while the criminal case is handled in a criminal court room and the judge can choose to require time spent in jail.

If you are accused of driving under the influence of drugs and have a Colorado Registry Card, seek the help of an attorney that is experienced with medical marijuana DUI cases.

Not All DUI Cases Are Cut and Dry

It seems simple enough. You drink, you get behind the wheel of a car, you get pulled over, you take a field sobriety test and you get charged with a DUI. It happens every day in Colorado, but even more so during the holidays. What you might not realize, is that the reports police officers write may contain inaccuracies.

Such was the case with eight DUI cases that were recently dismissed after internal investigations prompted the dismissals earlier this month in Mesa County. More dropped cases are expected as attorneys review the cases involving a particular now ex-police officer that was dismissed on December 1^st due to “displayed bias” in situations where the officer was the sole witness on the scene of a DUI.

The vast majority of officers making our roadways safe are credible, and report details exactly as happened. However, it’s worth looking at the report to see if discrepancies exist. If they do, and you have not yet contacted an attorney, you should do so right away.

In some of these cases, on dash cameras will clearly show the inaccuracies, in other cases it may be the word of an intoxicated driver versus the credibility of the police. Regardless, your chance of receiving reduced penalties is significantly higher when you are represented by an experienced Colorado DUI attorney.

New Year’s Eve: Play It Safe

New Year’s is a time of celebration for many in Castle Rock.  If you have plans to be out celebrating the new beginnings with your friends or loved ones, it’s important to keep in mind that the Colorado Department of Transportation provides grants to local police departments to help offset overtime so that all officers available can be out patrolling the roads.

Colorado’s “Heat is On” campaign is in full swing for the New Year’s celebrations, and you can expect increased DUI checkpoints and more officers on the roads. The CDOT has also partnered with Mothers Against Drunk Drivers, the Colorado Licensed Beverage Association, the Regional Transportation District in Denver and Miller Coors to help educate and promote responsible drinking.

Aside from having a designated driver this New Year’s, Miller Coors is offering free vouchers for cab fare at some participating locations throughout the state. RTD is also offering free rides in some areas of Colorado.

Smart phone users can download a free app by the name of R-U Buzzed for their Andriod or iPhone device. This app will estimate one’s blood alcohol content and call a cab for you.

For iPhone Users:

http://itunes.apple.com/us/app/r-u-buzzed-bac-calculator/id338979239?mt=8

For Android Users:

https://market.android.com/details?id=com.cdot.rubuzzed&hl=en

It is important to understand that while helpful, this app cannot determine your exact levels. It is always safest to designate a sober driver prior to heading to your holiday celebrations. Hopefully, you’ll play it safe this New Year’s. However, if you find yourself charged with a DUI, contact a Colorado DUI attorney as soon as possible.

Parrish Cox Pre-Trial Hearing

Former second-year Broncos cornerback Parrish Cox, currently facing charges for sexual assault, was in court on Friday for a pre-trial hearing. His trial, originally scheduled to start on October 27, 2011, was delayed until February. Colorado criminal defense attorneys who are working for Cox have denied that Cox ever had sexual contact with the victim, though prosecutors say that there is DNA evidence proving that Cox is the father of the woman’s child.

Felony charges against Cox include sexual assault against a physically helpless person, and sexual assault against a person who was incapable of determining the nature of the conduct. Cox was arrested at his apartment in Lone Tree, CO, last December after the victim reported the alleged sexual assault, which she claims took place in September 2010.

The woman allegedly became pregnant as a result of the encounter, which led to the DNA tests that prosecutors claim prove that there was sexual contact between the two. The Broncos placed Cox on waivers in September, but claimed that the reason for his dismissal was due to on-field performance rather than as a result of the allegations against him. Cox is currently free on $50,000 bail after pleading not guilty to the charges against him.

Attorneys are currently at odds over what evidence can be used in the trial; recently a judge ruled that DVDs involving interviews with Cox could be used as evidence in the trial, although the DVD was never turned over to the District Attorney’s office. Detectives in the case called it a procedural oversight, but this led Cox’s Colorado criminal defense lawyer to file a motion of sanction against the department for a discovery violation in September. There were also, apparently, questions as to whether Cox was properly read his Miranda rights before being questioned, and whether he was informed that he was being interviewed as a witness.

Jimmie Joe Montgomery, Most Wanted, In Custody

It looks like one of Colorado’s Most Wanted will soon be looking for a Colorado criminal defense attorney. On Wednesday, at a motel in Windsor, CO, police from the Larimer County sherriff’s office arrested Jimmie Joe Montgomery, 33 years old. Montgomery was placed on the “Fort Collins Most Wanted” list last month.  The charges for which Montgomery was wanted include drug-dealing as part of an operation called Project White Out.

Along with Montgomery, police also took into custody two women, each of whom was wanted on a long list of warrants. The drama came to a conclusion after a long standoff which began when Deputy Derek Signorelli followed up on an investigation regarding a rented U-Haul that was parked at the hotel.

Montgomery is believed to have been a key player in a major multistate drug ring, one of thirty-three people named in the operation, and one of five suspects believed to have been involved with the distribution of methamphetamines as part of the operation.

Jessica Rae Cunningham of Fort Collins was also placed under arrest. The 24-year-old woman was wanted on twelve felony warrants, including identity theft, forgery, motor vehicle theft, vehicular eluding, and theft.

A third person taken into custody was 39-year-old Meradeth Nicole Antolich of Fort Collins, who was wanted on two warrants regarding to her failure to comply with authorities on theft charges.

Police say that the three were hiding out at a Windsor motel when authorities caught up with them and placed the trio under arrest.  Both of the women cooperated and surrendered immediately; Montgomery, however, refused to leave the room for over an hour and a half. Police say that even more charges are likely to be filed after a thorough search of the hotel room after the arrests.

Speed, Alcohol Played Factors in Fatal Crash

Colorado DUI attorneys would like nothing more than to be able to turn their attentions to other forms of law.  Drunk Driving is a disturbing phenomenon in our society, and it seems that the problems are only getting worse. On Thursday, 36-year-old Jonathan Ichrist of Arvada, CO, was arrested on suspicion of causing a fatal accident in Aurora.

Police say that it was likely that both alcohol and speed contributed to the accident; Ichrist was allegedly driving 92 miles per hour when he ran a red light and slammed into a 2004 Pontiac driven by 22-year-old Catherine Wells of Denver.  Wells died in the crash, and her passenger was injured. Ichrist and his passenger were also injured and taken to the hospital.

The accident took place on East Iliff Avenue, where the speed limit is only 40 miles per hour. Ichrist’s bond has been set at $50,000. There are a laundry list of charges against Ichrist, many of which are Colorado felony charges.  The charges levied include vehicular homicide, driving under the influence, vehicular assault, and reckless driving.

It is important to remember here that Ichrist has not yet been proven guilty in a court of law, but situations like this make one reflect on just how awful it is that lives are ruined by reckless driving and those who drive under the influence of alcohol. Certainly Ichrist’s life could be ruined by this—the charges against him constitute long jail terms, and a stigma that will follow him for the rest of his life, and that’s not to mention the guilt he will likely carry.  But the loved ones of the deceased also have a long road of healing and recovery ahead—they may indeed never gain the closure they so desperately need. Regardless of the eventual outcome, we should take a lesson away from this.

Perjury Condemns Wife in Husband Shooting Case

Here’s another bizarre case for the records.  After her husband was shot and killed, a Durango County woman has been arrested and charged with perjury in an investigation following the sentencing of the shooter, her own brother.  Perjury is a crime that no Colorado criminal defense lawyer wants to deal with, as it naturally pokes serious holes in the credibility of any case.

The Random House Dictionary defines perjury as “the willful giving of false testimony under oath or affirmation, before a competent tribunal, upon a point material to a legal inquiry.” In lay terms, this means that if you lie in court after swearing to tell the truth, you’ve committed perjury, which is a serious crime.

Suzanne Garcia, an administrative assistant at local Park Elementary School, was in Baltimore when the shooting actually took place.  Nevertheless, she has been charged with a whopping eight felony charge counts of perjury.  Pursuant to regulation 1-CCR 301-38, the school district has notified parents directly of the arrest, according to the superintendent’s administrative assistant, Jane Schold.

The County Sheriff’s office has declined to comment on the specifics of the charges, but has said that the investigation is ongoing and there will likely be even more counts coming down the pike.  This is a fairly shocking turn of events in a case that has been surprising from the get-go; Garcia has been known as a relatively stand-up individual in the community, having been a cheerleading coach and even run for political office in the state House’s 59^th District.

No doubt that as the investigation continues and more charges possibly come to light, the details of the exact nature of these eight counts of perjury will be revealed; it will be interesting to see how Garcia’s defense attorneys deal with the issue.

Afternoon Shooting Suspects in Custody

On Friday afternoon, a teenager was shot in the neck and dropped off at an Aurora County hospital. Police are currently investigating the shooting, and have two suspects in custody.  It’s too early to say exactly what happened, but certainly their Colorado criminal defense attorneys are going to have a lot to go through as the case unravels.

According to reports, several parties were involved in a verbal altercation around noon on Friday, when shots rang out.  It is believed that two men then loaded the teenaged victim into their car and drove him to Children’s Hospital Colorado in Aurora, where they dropped him off and left.  Details are still sketchy, but police caught up with the two suspects, whose names have not yet been released, a few blocks later and placed both of them under arrest.  The victim was rushed immediately into surgery.  There have as yet been no updates as to his condition.  Since the victim is a minor, his name has also not been released to the press.

It’s good that police so quickly acted to take suspects into custody in this case, and we can hope that they got the right men, and that the charges filed, be they felony assault charges or misdemeanor weapons charges, will be appropriate to the crime in question, but there seems to be a lot to sort out yet.  Was the shooting in response to the argument, or a consequence of it?  Was it an accident or deliberate?  That the suspects dropped the victim off at the hospital speaks that there was no intent to kill, or at least that they regretted the act afterward.  This is something that a good criminal defense lawyer will bring up at trial. In the end, this is another sad incidence of youth violence in a country plagued by it.

Bizarre Accusations around Former Arapahoe Sheriff

In a case that seems straight out of an episode of Law and Order, on Friday former Arapahoe County Sheriff Pat Sullivan was formally charged in court in a drugs-for-sex case, the charges including three felonies and one misdemeanor. The charges surrounding the case are bizarre and surprising, even for a seasoned Colorado criminal defense lawyer.

Sullivan was jailed Tuesday after a sting operation in which he was allegedly caught trading drugs for sex with a male acquaintance. He was charged with three felony crimes:

• Distribution of a controlled substance
• Possession of methamphetamine
• Attempt to influence a public official.

In addition, Sullivan was charged with the misdemeanor offense of solicitation of prostitution.

Sullivan’s suspected dealer will likely be charged soon.

More potential charges have come to light, however.  Allegedly, in 2007 Sullivan assisted his friend Sean Moss, a gay pornographic movie actor with whom he had a long-time relationship, to get a job in a local school system, working for Overland High School.  Overland officials said that they have had no complaints regarding Moss’s interactions with students.  Moss, however, died earlier this year, and though his death is still under investigation, he had quantities of methamphetamines and GHB – the date rape drug – in his system at the time of his death.  Prosecutors believe that it’s possible Moss got the drugs from Sullivan, and they are engaged in an active investigation into this possibility.  Court documents show that while a bail bondsman put up the money, Sullivan was involved in a case wherein Moss was bailed out of jail on drug charges shortly before his death.

As any criminal law attorney can tell you, cases like this tend to get more complicated and fascinating as they go on.  It should be quite interesting to see how this one plays out.