Grand Junction Criminal Defense and Personal Injury Blog
Johnathon Miller had four times the legal limit of alcohol in his blood when he slammed the car he shouldn’t have been driving into an 83-year-old man at Grand Junction Regional Airport in May and fled the scene.
The 33-year-old, who had multiple drunk-driving offenses on his record, was later found passed out behind the wheel more than four miles away. The elderly victim nearly died of his injuries. Miller pleaded guilty to felony vehicular assault and was sentenced to eight years in prison, according to prosecutor Jeremy Chaffin.
The Colorado Parks and Wildlife and other law enforcement agencies are setting up checkpoints along I-70 to check hunters tags and licenses. However, law enforcement is also utilizing these checks for DUI drivers, and to find evidence of poaching, party-hunting, and take over the limit violations.
Currently there are eight agencies that are participating in this type of check points, Colorado Parks & Wildlife, Colorado State Patrol, Clear Creek Sheriff’s Office, US Fish and Wildlife Services, US Forest Services, Utah Division of Wildlife Resources, Wyoming Game and Fish Department and Kansas Department of Wildlife and Parks and Tourism.
As of August 5, 2015 Colorado House Bill 15-1043 went into effect. House Bill 15-1043 states that a DUI in the state of Colorado can now result in a Class 4 Felony, if the DUI violation is a fourth conviction for DUI, DUI Per Se, DWAI, vehicular homicide, vehicular assault, or any combination thereof.
What does this mean to you? If you are convicted of a fourth DUI you will have a felony conviction on your record for life. Having a felony conviction on your record can prevent you from:
Being charged with a domestic violence offense serious and can affect the rest of your life if you are convicted. Domestic violence is a classification that is attached to an underlying crime, such as assault, harassment, trespassing, false imprisonment, criminal mischief, stalking, or obstruction a telephone service. When the alleged victim and the accused are involved in an “intimate relationship” or have been in the past, virtually any criminal offense can be classified as domestic violence.
A domestic violence charge is also a sentence enhancer, meaning that it is the description of the circumstances under which another offense was committed that causes the sentence of that underlying offense to become harsher.
For the last 20 years, Country Jam has been a huge weekend in Mesa County, not only for the 4-day country music festival, but also for the number of MIP citations that have been issued. For example, last year alone 80 festival goers were issued citations for under-aged drinking. The penalties for a first time conviction for a minor in possession or consumption of alcohol is a fine of not more than two hundred and fifty dollars, the court can order that the defendant perform up to twenty-four hours of useful public service, require that the minor complete an alcohol evaluation or assessment along with an alcohol education program or alcohol treatment program. Furthermore, for a second or subsequent offence, the Colorado Department of Revenue will revoke the minor’s drivers license for three months up to one year for a third MIP conviction.
Law enforcement agencies in Mesa County often operate DUI Checkpoints during County Jam weekend. In this blog post, we will explain what a DUI checkpoint is, the legal issues involved in DUI checkpoints, and what you may do if you encounter one.
Over the years, the attorneys at Peters & Nolan, LLC have successfully litigated the legality of DUI Checkpoints. Recently, Andrew Nolan obtained court orders suppressing all evidence in two separate DUI checkpoint cases resulting in the dismissal of those cases. In addition to the successful litigation of checkpoint cases, the lawyers at Peters & Nolan are experienced and highly qualified to litigate all aspects of a DUI case from driver’s license hearings through trial and appeal. DUI cases handled by Peters & Nolan also include Vehicular Homicide, Vehicular Assault, and Habitual Traffic Offender charges.
Investigation and Arrest
It is your unlucky day. The police have just arrested you and now they want to get a statement from you. Or, perhaps, they are still investigation and have decided to come talk to you or invite you to the police station. What should you do?
The very first thing you should do is to ask to speak to a lawyer.
At Peters & Nolan we understand that having a case with us, regardless if it is personal injury or a criminal case, it can be a very stressful time period of your life. We strive to minimize your stress level and maximize the favorable outcome of your case. Below are a few handy points that will help us achieve these objectives.
Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.
- January 9, 2017
One too many: DUI law results in hard time for chronic offenders-Daily Sentinel
- November 9, 2015
Checkpoints Targeting Hunters
- August 12, 2015
Colorado House Bill 15-1043