Ignition Locks Could Be Mandated by the Federal Government for DUI Offenders

Colorado, along with Texas, has led the pack in the number of ignition interlock devices installed for DUI offenders. Texas has over 33,000 devices in use, while Colorado has 17,000 in use. If the American Energy and Infrastructure Jobs Act passes, the federal government may mandate the use for all DUI offenders.

Tucked into this bill is a portion that would make installing ignition interlock devices on the vehicles of all people convicted of a DUI, even those with very low blood alcohol content readings. Currently, judges have the right to determine when these devices are needed, and are typically reserved for repeat offenders or those that had very high BACs.

The alcohol industry, along with many drivers, feel that that right should stay with the local jurisdiction, but supporters of the bill point to Colorado’s DUI fatality statistics to back their agenda.

In 2008, Colorado had 176 fatalities related to drunk drivers. That number decreased to 158 in 2010 and 127 in 2011. It is hard to say that the ignition interlock devices were the only reason for the decrease, especially when you consider that there have been major initiatives for education and prevention around the state during the same period of time.

Should the bill pass, the federal government would have control over what BAC constitutes use of the ignition interlock device. To offset the costs of implementing the program, the bill calls for a $25 million grant to the states for participation. In Colorado, the device is paid for by the offender. Many of those against the bill believe the cost of the device should be the burden of the offender, while supporters say that using tax dollars to pay for the devices is a safety worth paying for.

Minor in Possession or Consumption of Alcohol

Underage drinking is a serious issue for many of Colorado’s youth. What may seem like a fun time may lead to some serious consequences for the teens doing the drinking and for the adult who purchased the alcohol. In Colorado, there are two charges commonly issued for underage drinking: Minor in Possession (MIP) or Consumption of Alcohol (MIC). Every year, over 10,000 MIP citations are given out in Colorado.

Colorado Law

Colorado law states that “any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person.” And “A person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control” is considered possession of alcohol. Of course, these charges combined with operating a motor vehicle can have devastating consequences.

If convicted of a Minor in Possession or Consumption of Alcohol charge, the minor can face the following penalties:

First Offense of MIP or MIC in Colorado

On the first offense of a MIP or MIC in Colorado, a fine of up to $250 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to three months.

Second Offense of MIP or MIC in Colorado

On the second offense of a MIP or MIC in Colorado, a fine of up to $500 can be issued. The underage person may be required to provide up to 24 hours of community service, and an alcohol evaluation and treatment plan may be required. The driver’s license of a first time offender may be revoked for up to six months.

Third Offense of MIP or MIC in Colorado

For the third, or subsequent, offenses the penalties become much more harsh. The third offense is a Class 2 Misdemeanor that can bring six to 18 months in jail, fines of up to $1,000 and loss of license for one year. In addition, alcohol assessments and treatment programs are almost always required and must be paid for by the individual.

Denver Police Crack Down on Marijuana Growers

This past week had Denver police officers kept busy with an operation referred to as “Operation Sweet Leaf” that has sixteen people charged with racketeering, marijuana distribution and money laundering. Police swept the city and raided dozen of homes across the metro Denver area thought to be part of a large marijuana growing operation.

The homes were found in Adams County, Weld County, Broomfield, Erie, Breckenridge and Denver. Multiple agencies were involved in the planning and investigations, including the Drug Enforcement Administration, the Internal Revenue Service and local police forces. The North Metro task force was the head of the investigations.

Officers involved in the raid served search warrants at 25 houses, in addition to the sixteen arrests. Over 1,000 marijuana plants were confiscated. While police are stating that there is no link to the state’s medical marijuana system, some people are skeptical.

There are rumors that some of the arrested people may be medical marijuana caregivers. In Colorado, a medical marijuana caregiver is a small provider that serves approximately five patients at a time and grows the marijuana in the home. There is confusion surrounding the legalities and requirements for caregivers, and this confusion may put the providers in the cross hairs of the investigations.

More arrests are expected as the investigations unfold. If you or someone you care about is a medical marijuana caregiver and concerned about the current investigations in the Denver metro area, speak with an experienced Colorado criminal defense attorney to understand your rights.

Why Innocent People Go to Jail

When approached by police, many people believe honesty is the best policy. Many people who are sitting in jail right now uttered the phrase “I was completely honest with the police” or “I had nothing to hide.” The truth of the matter is, if the police come knocking on your door, they are looking for evidence. What you think mike be polite conversation could actually be part of the process building a case against you.

You have no idea what someone may be accusing you of when the police approach you. It does not take a clear confession of a crime to be found as guilty and sentenced to jail time.  Police are trained in interrogation tactics that often build trust and rapport, making you think that you are not a suspect in the crime.  They often ask confusing questions that can paint you into a corner, making you appear guilty when you may not be.

The police officer often needs you to only say a few key words before you can be charged with a crime. Considering that you have no idea what those words may be, you cannot afford to take chances with any words at all. When approached by the police, simply refuse to speak to the officer until your attorney is present. You do, after all, have the right to remain silent.

If you fear you may be accused of a crime, or have had the police approach you, seek the help of an experience Colorado criminal defense attorney immediately. You cannot afford to be without representation. Attorneys know the games that are played during questioning, and can help you avoid making costly mistakes.

What Qualifies as a Domestic Violence Case in Colorado?

Many times, people accused of a crime in Colorado appear in court and find themselves facing a judge that tells them their case involves domestic violence. The reaction to this claim is often that no violence happened, so how can the judge make a domestic violence claim. It’s important to understand what makes a case qualify as domestic violence.

Colorado Domestic Violence Explained

In Colorado, domestic violence is not as cut and dry as it seems. Domestic violence cases often do not involve any physical harm. The law states that an act or threat to perform an act of violence with a person that is accused has been involved in an intimate relationship. An intimate relationship includes spouses, ex-spouses, unmarried couples past or present, or people that have had a child together, regardless of their current or past living arrangements.

You can also be accused of domestic violence if you commit a crime against person, property, or an animal as a method of threatening, intimidating, punishing or coercing someone that you have had an intimate relationship with in the past or present time.

Why You Need a Colorado Domestic Violence Attorney 

As you can see, domestic violence is a very broad term that can be applied to nearly any accusation involving a present or past person you have been involved with intimately. If you are facing a charge that involves someone that could be considered an intimate relationship, don’t take chances by going to court without an experienced Colorado domestic violence attorney on your side.

Colorado Drug Possession: What Now?

Being charged with drug possession in Colorado is no laughing matter. Depending on the amount of the illegal substance you are found with, and the circumstances surrounding the arrest, you could face serious, if not life altering penalties for the charges if found guilty. If you have been arrested for possession, there are a few things you should keep in mind before your court date approaches.

Possible Penalties for Colorado Drug Possession

Nearly all crimes that relate to drug possession are punishable by time served in prison. Failure to appear for court will most commonly land you in prison for six months as a minimum, so be sure to keep track of your court date. If the amount was less than an ounce, and you have no previous criminal record, you may be lucky and be considered a “petty offense” with a $100 fine. More than one ounce of illegal substances will be a misdemeanor charge, which usually brings six to eighteen months in jail and a large fine. Anything over eight ounces is a felony charge, which will likely result in up to a year and half in jail, a suspended drivers license and a very large fine.

Do You Need a Colorado Criminal Defense Attorney?

When you consider the hefty penalties for drug possession charges in Colorado, the better question to ask is “Can you afford not to have an attorney?” An experienced lawyer will have handled hundreds, if not thousands, of Colorado drug possession cases in his or her career.  An experienced attorney understands the court system, likely knows the judges that will handle your case, and has the expertise to negotiate on your behalf to help you get a lesser sentence if your charges cannot be dropped altogether.

The law offices of Ellmann & Ellmann PC, in Castle Rock, Colorado have years of experience defending drug possession charges, from the smallest petty offenses to complex cases involving large quantities of controlled substances.

Douglas County Deputy Arrested for DUI After Causing Pile-Up on I-25

The New Year isn’t off to a good start for a Douglas County Sherriff’s Office Deputy, who was arrested for a DUI just before lunch on January 1^st. The deputy has been a member of the Special Operations Response Team, which responds to disturbances at the local jail.

This was no small incident either. The Denver Post reported that the off-duty deputy braked abruptly in his Ford Escape on northbound Interstate 25. The quick stop caused two vehicles to crash into the Escape, and caused another three-car pile up as people tried to avoid the accident.

Luckily, the four people injured were treated for minor injuries only. The deputy was arrested and charged with a DUI, careless driving and for failing a Breathalyzer at the scene.

The Douglas County Sherriff’s Office spokesperson suggested that an internal investigation would be conducted, and the Castle Rock police are handling the main investigation. The deputy is on administrative leave without pay for the time being.

Facing a DUI is not something anyone should do on their own. If you or someone you care about is charged with a DUI, especially one involving an accident, seek the help of an experienced Castle Rock DUI lawyer right away.

Repeat DUIs Result in Serious Consequences

Your first Colorado DUI comes with pretty harsh penalties. You likely will face a temporary loss of license, fines, driver education requirements, community service, and possible time in jail or probation. But what happens if you receive an additional DUI? Unfortunately, the penalty is much more severe after the first offense.

If you are facing a second DUI, it is very important that you find a successful Colorado DUI attorney to represent you. The consequences are seriously increased with each DUI a person receives, and an attorney is your best chance of receiving the minimum penalties should you be found guilty of a DUI.

Fines

The minimum fine given for a second DUI in Colorado is $600. Rarely will you skate by with just the $600 fine though. Fines as high as $1,500 are possible for a second DUI, and many judges will go for the toughest penalties in an attempt to prevent future DUIs.

Jail Time

A second Colorado DUI will require a minimum of 10 days served in jail. However, the maximum sentence is one year of jail time. During the time served, you cannot use or earn time off for good behavior.

Probation Requirements

In addition to time spent in jail, a person convicted of a second DUI must have two year of probation as a minimum. The maximum amount of probation is five years.

Additional Expenses

In addition to the fines, a person with consecutive DUIs will incur court costs and attorney fees. If damage was done to a person or property during the DUI, you may also have to pay restitution. Most DUIs come with a list of required treatment programs, and each of these will have a cost associated with them.

Researchers Claim Accident Rates Lower in States with Legalized Medical Marijuana

Many news stories and opinion pieces have been circulating the newspapers and Internet, discussing driving while under the influence of medical marijuana in Colorado. The sheer number of articles available on this topic would make you think that medical marijuana is causing an alarming number of accidents on our roadways.

You might be surprised to find out that the opposite might possibly be true. Recently, two Montana State University professors conducted a study comparing the number of vehicle accidents in states that have legalized medical marijuana and states that have not passed legislation permitting medical marijuana. They compared state-level data from reputable sources, including the National Survey on Drug Use and Health.

The results from their research was surprising, even to the researchers. States that have legalized medical marijuana, such as Colorado, saw a sizable decrease in traffic accidents. The average decrease was over nine percent.

When asked to explain why these statistics might be as they are, the researchers speculated that young people in these areas were likely less likely to drink and drive when they had access to marijuana. They also cited the possibility that those that use marijuana may be less impaired behind the wheel, and therefore less likely to be involved in accidents.

According to Daniel Rees, one of the two professors involved in the research. “The result that comes through again and again and again is that young adults drink less when marijuana is legalized and traffic fatalities go down.”

Many critics disagree with their findings, but it is interesting food for thought. What do you think?