Colorado was the first of ten states and Washington, D.C., to legalize marijuana for recreational use, but it has never been allowed on the road. Under CRS 42-4-1301 of the Colorado Code, driving under the influence of drugs or alcohol is illegal. It does not matter if the drug is illegal, prescription, over-the-counter, or legal for recreational use, as in the case of marijuana.
It’s easy enough to explain the difference between vehicular assault and vehicular homicide in Colorado: to be charged with vehicular homicide, someone must have died. But in other respects, the two crimes are similar. Both are almost always charged in relation to driving under the influence or while impaired by alcohol, or driving under the influence of drugs (DUID).
With Valentine’s Day waiting right around the corner, it’s time to panic, and throw in some last-minute planning as to how you’re going to spend that special day with that special someone.
Here in Western Colorado, nothing could be more romantic than an evening surrounded by the magnificent splendor of the red rock cliffs and mesas that embrace Colorado’s breathtaking wine country. A fine dinner with an exquisite bottle of wine and maybe a little dancing are the ingredients for a memorable evening with your sweetie.
But don’t get too carried away on the vino, Romeo. It’s easy to let the love in the air impair your judgment, and that can lead to indulging in perhaps a bit more wine than you and your honey expected. And the fact that a lot of folks get a little tipsy around dinnertime on February 14th is not lost on local law officials.
The holidays have arrived, and with them, holiday traffic. The period from Thanksgiving to New Year tends to be the busiest time of year on our state’s roads, and that means more accidents. It also means there’s a greater risk of DUI arrests, even in a small community like Grand Junction.
At Peters & Nolan, LLC, we understand firsthand how devastating a DUI conviction can be. Driving under the influence should be avoided at all costs, but if you or a loved one has been charged with DUI, it’s imperative to have someone on your side who can advocate on your behalf.
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:
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 Grand Junction drunk driving defense 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.
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.
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