Denver DUI Defense Attorney Blog | Colorado Drunk Driving Arrest Lawyer | Denver DWI Law Firm

Federal proposal: Ignition interlocks for first offense DUI

2012-02-05T15:00:00Z

A new federal law could prove costly for those convicted of drunk driving. The law would mandate the use of ignition interlock devices for those convicted of DUI even on the first offense. It would also require their installation for those who had low blood alcohol content (BAC).

The law is included in another major transportation bill, and doesn't provide for funding to pay for the proposed law, which would increase the number of interlock devices in use. Colorado already has a law in place, since 2008, that gives judges the discretion in whether a person convicted of a DUI, including first offense DUI, should install an interlock device in their vehicle.

]]> Judges can use the context of the situation to provide a reasonable use of these devices. This federal law would require the use of such devices at a cost to the state or the person convicted when they aren't always necessary.

Colorado is already ranked second in the nation for the amount of ignition interlock devices in use. This means that rigorous sentencing is already in place, and a federal mandate could make enforcement more difficult, taking the focus off of those with more serious DUI offenses and those with high BAC and putting it on those with low BAC.

A DUI, even a first offense DUI, is a serious accusation in Colorado. This law will make it even more important for those charged with their first offense DUI to seek build a solid criminal defense.

Source: 9News, "Federal law would mandate ignition interlocks for DUI offenders," Dave Delozier, Jan. 31, 2012

Number of patients on medical marijuana registry keeps falling

2012-02-03T14:42:28Z

The number of patients who have signed up to receive medical marijuana in Colorado continues to fall.

According to a story on the Denver Westword blog, for five straight months, thousands of patients have dropped off the Colorado medical marijuana registry. In fact, the Colorado Department of Public Health and Environment reported that more than 8,000 patients left the registry in October and November.

This means that the number of patients on the registry has fallen to about 80,500. At first glance, this may seem like a large number. However, at its peak in June 2011, the medical marijuana registry in Colorado boasted a registration of more than 128,000 residents.

]]> According to the story, more than half of the 161,483 patients who have registered with the Colorado program since 2001 have not renewed the cards that make them eligible to receive marijuana for medical purposes.

Why have so many patients dropped off the registry? No one knows the definitive answer to that question. Some wonder if patients have been denied spots on the registry because they have seen physician assistants instead of actual doctors. Others wonder if patients simply waited to renew their registry status until January 1 of this year. That's when the registry fee here in Colorado dropped to $35.

Of course, as the story mentions, some patients might have discovered less expensive ways to obtain marijuana. They may be growing their own or searching for the drug on the black market, according to the story.

The falling numbers, though, do belie the worry expressed by critics of medical marijuana that making the drug legal, even for medical use, will result in a surge of people turning to it. That obviously hasn't happened in Colorado.

Stay tuned for more developments from our Denver criminal defense blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Denver Westword Blog, "Medical marijuana patient numbers in Colorado decline for fifth month in a row" Jan. 27, 2012

Did legislative immunity stop DUI arrest of state lawmaker?

2012-01-30T19:32:22Z

A Colorado politician is finding herself embroiled in something of a political scandal after law enforcement officials say she used her legislative immunity -- or "get out of jail free" card as the media is now referring to it -- to get out of a DUI arrest.

According to various media reports, Rep. Laura Bradford (R-Grand Junction) was stopped by Denver police at around 10 p.m. last Wednesday evening on suspicion of drunk driving.

Specifically, a police department spokesperson informed the media that the officer who pulled Bradford over last week stated that he smelled alcohol on her breath and that she admitted to having consumed alcohol.

Bradford was eventually asked to step out of her car and perform a field sobriety test, which she failed.

However, rather than being taken in for a blood alcohol test (BAC) at the station and possibly being charged with driving under the influence, Bradford was only issued a traffic citation for a lane violation and sent home in a taxi.

The reason?

]]> Police indicated that Bradford informed the officers that she was on her way home from a legislative function and was required to attend another function the following morning.

This was tantamount to invoking legislative immunity.

Specifically, Article 5, Section 16 of the Colorado Constitution declares that during the legislative term, state lawmakers cannot be arrested while attending either a session or a committee meeting, or when on their way to or from a session or committee meeting. (The only exception being for a felony or treason.)

Here, legal experts are already indicating that this was an improper use of the law.

"[The law] was clearly not to protect people who are accused of drunk driving," said one Denver-based attorney. "It was meant to make sure that for political reasons, a legislator was not in jail or prison and therefore not able to go to an important vote during a legislative session."

Bradford was temporarily suspended from her position as chairperson of the House Local Government Committee by House Speaker Frank McNulty (R-Highlands Ranch). She has vigorously denied that she invoked legislative immunity and returned to work at the state capitol today.

Stay tuned for more updates on this story from our Denver criminal defense blog ...

Whether you have been arrested and charged with DUI first offense or felony DUI, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

KDVR, "Colorado lawmaker suspended after skirting DUI" Jan. 30, 2012

Florida agency taking heat for sponsoring drinking party

2012-01-27T16:38:37Z

An unorthodox approach to testing breathalyzers used by police officers in potential DUI situations has placed the Florida Department of Law Enforcement in hot water. According to a report last week, the organization paid employees to have a drinking party to test the accuracy of breathalyzers.

The news report indicated that the organization hosted a "booze and Doritos" party in October and encouraged state employees -- including police officers, crime analysts and assistants -- to become intoxicated. The organization spent $330 to supply the employees with whiskey and other alcoholic beverages and snack foods.

At least 15 employees proceeded to drink while still on the clock.

Once they had been drinking, researchers had the various state employees blow into the Intoxilyzer 8000 devices and drew blood that was then sent to a lab for analysis. A video camera recorded the entire procedure, which cost the state approximately $8,000.

]]> Breathalyzers -- particularly the Intoxilyzer 8000 -- have long been the target of criminal defense attorneys who repeatedly call their accuracy into question and often succeed in getting the results thrown out.

In fact, the breathalyzers have performed so poorly that one county attorney in Florida refused to prosecute cases where the Intoxilyzer 8000 results were the primary or only piece of evidence suggesting driving under the influence.

While the researchers with Florida Department of Law Enforcement believe that their study helped prove the accuracy of the Intoxilyzer 8000, many experts -- including a panel of judges who were presented with the results of the study last month -- remain skeptical.

One biostatistics expert, Dr, John Robinson, discredited the study, saying it was too limited in scope and ultimately told very little about the efficacy of the Intoxilyzer 8000.

"[The study] doesn't really address the problem," he said. "It's only performed at one time, with a small group of people."

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more news from our Denver criminal defense blog ...

Sources:

The Post-Standard, "Florida pays state employees for drinking party to test breathalyzers" Jan. 23, 2012

The Herald Tribune, "To test Intoxilyzer, FDLE paid employees to get drunk" Jan. 18, 2012

DUI charges dismissed after judge finds cops had quota in place

2012-01-23T21:33:33Z

In a very interesting DUI/DWAI story out of Howard County, Maryland -- a suburb of the Baltimore-Washington, D.C. Metro Area -- a judge recently threw out drunk driving charges against a young woman on the grounds that her arrest was made as part of an illegal quota in place by the local police department.

Back in April 2011, 22-year-old Katie Q. was pulled over after being observed going 38 miles-per-hour in a 25 miles-per-hour zone. The Howard County police officer who pulled Katie Q. over soon placed her under arrest for driving under the influence and later measured her blood alcohol content (BAC) to be .17, over twice the legal limit.

The officer had been out as part of a so-called saturation patrol (i.e., increased police patrols in designated areas) made possible by federal funding dedicated to making DUI arrests.

At trial, Katie Q.'s attorney introduced subpoenaed internal police memos that contained exact wording from federal grant documents, which stated that "an average of 2-4 citations must be written per hour on each of these details by each officer or future funding may be withheld."

]]> Ruling from the bench, the presiding judge found that the DUI charges in the present case were clearly part of an illegal quota and were therefore dropped.

Not surprisingly, the ruling left officials with the Howard County Police Department upset, including the Police Chief William J. McMahon.

"I know there was some concern about the wording," he said. "It was a guideline given to the officers. Grants have expectations, and this was a way of explaining that to the officers ... The goal clearly wasn't to set out for X number of citations. It was a well-intended effort to underscore the important to be active on these details."

McMahon -- who also admitted that that memo was "not the best wording" -- indicated that the "bad ruling" will likely be appealed.

Interestingly, the same judge who dismissed the DUI charges is slated to hear two similar cases in the near future.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Stay tuned for more news from our Denver criminal defense blog ...

Source:

The Baltimore Sun, "Judge throws out DUI case, saying police had quotas" Jan. 5, 2012

Feds trying to shut down Colorado dispensaries

2012-01-20T17:56:03Z

Federal authorities are officially cracking down on Colorado medical marijuana dispensaries following a similar crackdown in California this past October.

In states such as Colorado and California where medical marijuana is legal, these state laws conflict with federal laws. For example, in Colorado, Amendment 20 permits the use of marijuana for medicinal purposes. However, under federal law, the cultivation, possession and sale of marijuana is still illegal.

According to a federal official, the current crackdown is focused more on dispensaries than on individuals.

"We're not interested in an individual who is a patient or a patient's caregiver under the original terms of the state amendment," said Jeff Dorschner, a spokesperson for the United States Attorney's Office for the District of Colorado. "But we are interested in the trafficking of marijuana, and there is a federal interest in those who are providing marijuana to children."

]]> Specifically, the crackdown is targeting dispensaries that are within 1,000 feet of a school. To that end, federal officials sent 23 warning letters to medical marijuana dispensaries in Colorado that fit this description, indicating that the recipients had 45 days to shut down their operations, or they could have their property seized and possibly be subjected to federal prosecution.

This is just the beginning, according to Dorschner. "Those 23 are just our first wave," he said. "There are many more, and after we complete the first wave, there will be a second wave and then possibly a third and a fourth."

A city attorney in Boulder -- where at least 13 medical marijuana businesses are located within 1,000 feet of a school or daycare -- said that the city hadn't received any advance warning of the federal action, but there was nothing they could do to stop it.

"We don't have any standing to come in and stop the feds," she said. "They can do what they want."

Stay tuned for more developments from our Denver criminal defense blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Daily Camera, "Feds threaten to shut down 23 Colorado marijuana shops near schools" Jan. 12, 2012

Researchers seek to study effect of pot on PTSD treatment

2012-01-18T21:11:31Z

When we think of people who would perhaps benefit from medical marijuana, we tend to think of people suffering from such debilitating illnesses as cancer, migraines or chronic pain. However, our definition may soon expand to include those people suffering from a devastating and now rapidly increasing mental illness.

A group of researchers with the Multidisciplinary Association for Psychedelic Studies (MAPS) -- which works under the oversight of the University of Arizona College of Medicine -- is seeking to launch a groundbreaking study to examine the effect of medical marijuana on those combat veterans suffering from post-traumatic stress disorder (PTSD).

The complex study, run primarily by Dr. Suzanne Sisley, would call for a group of 50 veterans of the Iraq or Afghanistan war who are currently suffering from PTSD and whose treatments have proven ineffective.

These study participants would be required to avoid marijuana for 30 days prior to the study and would then be required to smoke/vaporize 1.8 grams of marijuana per day over the course of two 60-day trials. They would be provided each week with marijuana of varying THC levels.

"With this research, we can actually figure out which symptoms it might help with, and what an optimal dosing strategy might look like," said Dr. Sisley.

]]> She also stressed that this clinical examination is designed to learn more about helping a segment of society that is truly at risk.

"If we get a chance to do this, we're not taking liberties," she said. "This is a carefully controlled, rigorous scientific study. We're not sitting around trying to get these vets high."

Interestingly, previous studies have shown that medical marijuana has proven effective in treating PTSD.

To illustrate, one study by researchers at the University of Haifa in Israel indicated that marijuana administered to rats within 24 hours of their enduring psychological trauma actually prevented the onset of PTSD.

According to supporters of Dr. Sisley, the need to study the potential benefit of medical marijuana in treating PTSD becomes all the more glaring when you consider the number of veterans currently suffering from the affliction and the thousands of others who will soon return home from deployment with the condition.

It is worth noting that one of the primary roadblocks to Dr. Sisley's study thus far has been the inability to secure marijuana. Here, she and her fellow researchers are waiting for the National Institute on Drug Abuse and Public Health Service -- a division of the Department of Health and Human Services -- to agree to sell them marijuana or until they are granted legal permission to proceed.

What are your thoughts on this study?

Stay tuned for more developments from our Denver criminal defense blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Atlantic, "The case for treating PTSD in veterans with medical marijuana" Jan. 17, 2012

State launches new DUI-related website

2012-01-15T20:40:25Z

Law enforcement officials in the state of Colorado recently revealed their new weapon in the fight against drunk driving, vehicular homicide and driving under the influence of drugs. However, it's not a new type of sleek police cruiser capable of reaching high speeds, a new device to measure blood alcohol content (BAC) or even a new type of field training. Rather, it's an informational website.

Specifically, law enforcement agencies across the state are currently lauding the website "No DUI Colorado," the most recent creation of the Persistent Drunk Driver (PDD) Committee.

The committee -- comprised of officials from multiple state agencies and created as part of the Persistent Drunk Driver Act of 1998 -- is responsible for "developing and implementing programs that are intended to deter persistent drunk driving, as well as educate the public."

Here, the website provides users with a basic three-step approach to driving under the influence. The first step provides users with information on how to prevent a DUI, the second step provides users with information on the consequences of a DUI arrest, and the third step provides the user with links to various local and national drunk driving resources.

]]> "Getting a DUI is a life-changing event," said PPD Committee member Glenn Davis. "This website will serve as a guide to those who have received a DUI to assist them in navigating the criminal and driver's license process, as well as provide them with resources to help them avoid repeating the same mistake."

In addition to providing the aforementioned information, No DUI Colorado also provides comprehensive DUI statistics broken down by county, a news link, and a calculator that enables the user to get a general picture of their BAC after entering different variables (i.e., weight, number of drinks consumed, gender and amount of hours passed).

Whether you have been arrested and charged with DUI first offense or vehicular homicide, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more news from our Denver criminal defense blog ...

Source:

The LaJunta Tribune-Democrat, "New website aimed at Coloradans arrested during DUI enforcement" Dec. 16, 2012

Now there's an app that can prevent drunk driving?

2012-01-13T18:09:52Z

As smart phone or tablet computer owners know, there's an app for just about everything. Now there's one that can help predict if a driver has had enough to be served with a DUI if stopped by police officers.

Insurance Journal recently reported on BreathalEyes, a 99-cent app unveiled in November. Developed by a group of Tennessee residents, the app can be used to measure involuntary eye movements when people are intoxicated. This, of course, is one method that police use when conducting field sobriety tests.

According to the Insurance Journal story, the app uses the camera in an iPhone to scan the person's eyes to uncover "horizontal gaze nystagmus." That, by the way, is the involuntary eye jerking that takes place when a person is intoxicated.

After this, the app will then estimate the person's blood alcohol content (BAC).

]]> It must be noted, however, that the BreathalEyes app does not make judgment calls; it will not tell people when they should get behind the wheel.

"At no point will the app say, 'Yes you can drive, no you shouldn't drive,'" said Russell Ries, one of the inventors of the app. "We feel ultimately that decision falls on the person. But if we can give them something to help them make a smarter decision, that is what we want to try and do."

Is there a need for such an app? If the app can keep even one person from driving after having too many drinks, it will be performing a great service. The danger, though, lies in people trying to use the app to justify driving after drinking. People who download the app will have to realize that just because it doesn't detect any involuntary eye jerking, that doesn't mean that they are necessarily OK to drive.

If you have been arrested and charged with drunk driving, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more news from our Denver criminal defense blog ...

Source:

Insurance Journal, "Drunk driver test? There's an app for that" Jan. 4, 2012

Man takes his DUI arrest 'to go'

2012-01-09T18:31:05Z

Given the prominent presence of alcohol at many New Year's Eve festivities, it's not uncommon for law enforcement officials to make a rather sizeable number of DUI/DWAI arrests during the course of the holiday evening. Typically, these drunk driving arrests take place during routine traffic stops or at sobriety checkpoints. However, these DUI/DWAI arrests sometimes take place at more unconventional or downright strange locations.

This was recently the case in Chicago where a 30-year-old man was arrested for driving under the influence in a McDonald's drive-through.

According to reports, police officers in Chicago's Near North District were summoned to a Rock 'N Roll McDonald's in the River North neighborhood at around 6 a.m. on New Year's Eve Day after receiving a report that two men had fallen asleep inside a black Volvo sport utility vehicle parked in the drive-through lane.

When the responding officers arrived at the scene, they saw the Volvo stopped in the drive-through lane with its engine running and two men sleeping inside. Upon further inspection, the officers saw that the car was in drive and that the driver, Walter D., had his foot engaging the brake pedal.

]]> After waking Walter D., the officers ordered him to put the car in park and turn off the ignition. When they asked him if he was in need of medical assistance, Walter D. simply responded that he "just wanted another McDonald's sandwich."

At this time, the officers noted that Walter D. bore certain signs of intoxication, including slurred speech and the odor of alcohol. When they asked if he had been drinking, Walter D. informed the officers that he had consumed a few glasses of wine.

However, the officers soon discovered an open bottle of tequila inside the Volvo.

Walter D. was eventually placed under arrest for DUI after registering a blood alcohol content (BAC) of .207, well over Illinois' legal limit of .08. He was also later charged with driving on a revoked license, illegal transportation of alcohol and obstructing identification for initially giving police the wrong name and address.

As for Walter D.'s sleeping passenger, he actually slept through much of the police questioning. When he eventually came to, he declined medical attention and took a cab home.

If you have been arrested and charged with drunk driving, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Stay tuned for more news from our Denver criminal defense blog ...

Source:

The Chicago Tribune, "Motorist who passed out in drive-through 'just wanted another McDonald's sandwich" Jan. 2. 2012

DUID charges against Mesa County man dropped, State Patrol apologizes

2012-01-04T20:55:23Z

A seemingly routine arrest for DUI first offense in Mesa County this past summer has sparked a widespread investigation by the District Attorney's Office resulting in the dismissal of eight drunk driving cases and the review of hundreds of DUI cases.

The reason?

According to an internal investigation by the Colorado State Patrol, one Mesa County trooper regularly drafted reports that contained a mixture of information "from prior arrests and the current arrest, resulting in reports which contained wrong or conflicting information."

Authorities were alerted to this deceptive behavior following the DUI arrest of James F. by Trooper Don M. back on the evening of June 25, 2011.

According to reports, James F. and his wife were making their way home from Country Jam USA at around 9 p.m. when they were suddenly pulled over by Trooper Don M. for allegedly doing 41 miles per hour in a 35 mile per hour zone.

At this time, Trooper Don M. stated that he smelled alcohol in the car. However, James F. informed him that he had consumed only one glass of wine roughly three hours prior to being pulled over.

]]> Nonetheless, James F. was still required to perform a series of field sobriety tests and asked to submit to a voluntary breath test -- which he agreed to take and ultimately passed.

However, Trooper Don M. then informed James F. that he believed him to be under the influence of marijuana and asked whether he would submit to a voluntary blood draw back at the law enforcement center at Country Jam USA.

"Obviously his intention was to try and find something that was really out there that couldn't be proved unless there was a blood test," said James F.

James F. eventually took the blood test and was issued a summons on suspicion of driving while ability impaired by drugs first offense and speeding. However, he also decided to have his own blood test performed and promptly hired a DUI defense attorney.

The charges were ultimately dropped by the prosecutor who wrote in court records that James F. had "no reasonable likelihood of conviction because of no active THC & no alcohol in blood result."

James F. was soon interviewed by the Internal Affairs Unit of the State Patrol and the aforementioned investigation was launched.

"How many other people has [Trooper Don M.] done this to," said James F. "How many people are incarcerated over this?"

It is worth noting that James F. received a letter of apology from the Colorado State Patrol over the flawed report and that Trooper Don M. is no longer employed by the State Patrol.

Stay tuned for updates on this story from our Denver DUI/DWAI blog ...

Remember, mistakes happen. Whether you have been arrested for DUI first offense or felony DUI, it is extremely important to speak with an experienced Colorado attorney.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The Daily Sentinel, "State patrol apologizes to Palisade man after court dismisses charges" Dec. 9, 2011

Survey lists 20 cities with highest percentage of drunk drivers

2011-12-26T15:47:13Z

The website Insurance.com has once again released its annual survey ranking the 20 most populous U.S. cities with the largest percentage of drivers with DUI/DWAI citations. The cities that drew that highest ranking were as follows: San Diego (1), Los Angeles (2), and Indianapolis (3).

According to Insurance.com, several factors may be responsible for propelling one city into a higher spot over another, including:

A larger population that enjoys drinking alcohol and socializing (i.e., younger people, tourists, business people, military personnel, etc.)
More rigorous enforcement of DUI/DWAI laws and/or more funding to combat drunk driving
A general lack of public transportation, meaning people are more "car-centric"

How did Denver, or any other city in the state of Colorado fare in the survey?

]]> Once again, no Colorado city was ranked in the survey.

In the case of San Diego -- the city ranked first in the survey for two years in a row -- a significant population of college students is most certainly a major factor. However, the aggressiveness of San Diego police departments in cracking down on drunk driving is another very significant factor.

In fact, aggressive law enforcement throughout the state of California may be the reason why four of the top ten cities cited in the survey are located in California (see below).

"[Law enforcement officials in California] are very attuned to the danger of driving under the influence," said Peter Moraga of the Insurance Information Network of California. "[Drunk driving is] on their radar constantly, especially during the holidays."

The twenty cities in the survey were:

San Diego, CA
Los Angeles, CA
Indianapolis, IN
Jacksonville, FL
San Francisco, CA
Charlotte, NC
San Jose, CA
Ft. Worth, TX
Columbus, OH
Phoenix, AZ
Austin, TX
Dallas, TX
Houston, TX
New York, NY
Chicago, IL
San Antonio, TX
Philadelphia, PA
Memphis, TN
*No city listed
Detroit, MI

If you have been arrested and charged with drunk driving, it is imperative to consider speaking with an experienced Colorado attorney. Your rights and your future may be at stake.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more news from our Denver criminal defense blog ...

Source:

Insurance.com, "Top 20 cities for drunken driving offenders" Dec. 19, 2011

Will feds target Colorado's medical pot industry?

2011-12-19T18:39:16Z

A few months ago, our blog reported on how the federal government launched a comprehensive initiative designed to crack down on the medical marijuana industry in California.

Here, U.S. attorneys sent letters to landlords renting/leasing property where medical marijuana is being grown and/or sold, informing them that unless they evict their tenants, they may face criminal charges and/or the forfeiture of their land.

Now, it appears as if a similar initiative/crackdown may take place here in Colorado over the next few months.

According to media reports, an anonymous law enforcement official has indicated that federal officials are currently reviewing whether to take action against medical marijuana in Colorado. Specifically, the official revealed that federal officials would likely target medical marijuana dispensaries/cultivation sites located near schools, issuing a letter instructing them that they have 45 days to cease operations or face potential prosecution.

]]> Understandably, a potential federal crackdown has left medical marijuana-related businesses -- including Colorado's 667 dispensaries, 926 cultivations sites and 246 marijuana-infused product makers -- concerned and medical marijuana advocates upset.

"Colorado has been a model for how a state should regulate medical marijuana," said Brain Vicente, executive director of Sensible Colorado. "Our system has worked and Colorado should be allowed to continue to do so."

Federal officials have hardened their stance against medical marijuana following the release of a June memo by Deputy Attorney General James Cole, calling for the prosecution of those seeking to profit from the sale of medical marijuana.

While Cole's memo indicated that compliance with state law would not provide any type of immunity from federal prosecution, he has since clarified that both caregivers and patients should not be targeted.

Currently, 16 states and the District of Columbia have medical marijuana laws in place.

While it remains to be seen whether federal officials will actually target Colorado's medical marijuana industry in early 2012, many legal experts are clearly not surprised by the possibility.

"This has been the reality that people in the industry have been living with from day one," said Professor Sam Kamin of the Sturm College of Law at the University of Denver. "The feds have generally stayed away from people in good compliance with state law. ... Will that be the approach here?"

Stay tuned for more developments from our Denver criminal defense blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Republic, "Feds consider marijuana crackdown in Colorado, months after similar effort in Calif." Dec. 14, 2011

Update: NBA star Ben Wallace arrested on DUI, gun charges

2011-12-14T20:37:37Z

A few months ago, we reported on the DUI arrest of NBA player Ben Wallace, a center for the Detroit Pistons and all-around fan-favorite known throughout the league for his defensive prowess.

Specifically, we discussed how Wallace was pulled over by law enforcement officials in Bloomfield Township, Michigan in the early morning hours of Saturday, September 24 after his 2007 Cadillac Escalade was observed weaving and driving over lane markers.

The officer who pulled Wallace over detected the odor of alcohol and administered field sobriety tests. Wallace later indicated that he had consumed four beers over the course of two hours at a club and was in the process of heading home.

Wallace subsequently failed a preliminary breath test and was taken into custody without incident. His blood alcohol content (BAC) was later measured at the police station to be in excess of Michigan's legal limit of .08.

Unfortunately for Wallace, the arresting officers also discovered an unloaded handgun and loaded magazine in a backpack inside his truck.

]]> A cooperative Wallace later informed police that the handgun was registered to his wife and that he had placed it in the backpack for protection while driving back to Michigan from Virginia. However, he forgot about it after arriving home.

Wallace was charged with OVI - a misdemeanor punishable by 93 days in jail - and a charge of unlawful carrying of a concealed weapon - a felony punishable by five years in prison.

In recent developments, Wallace was sentenced yesterday to a $600 fine (plus court costs), one year of probation and 30 hours of community service teaching basketball to children following the entrance of a plea deal with prosecutors.

Specifically, prosecutors agreed to let Wallace plead guilty to one count of OVI and one count of carrying a weapon while intoxicated -- also a misdemeanor punishable by 93 days in jail.

Wallace, who offered no comments before sentencing, was granted the right to travel with the Pistons for the upcoming NBA season and will report to his probation officer via telephone.

Most basketball fans know Wallace, 37, for his four NBA Defensive Player of the Year awards and his tenacity on the court. He has played for the Detroit Pistons, Chicago Bulls, Cleveland Cavaliers, and Orlando Magic.

Stay tuned for updates on this story from our Denver DUI/DWAI blog ...

Remember, mistakes happen. Whether you have been arrested for DUI first offense or felony DUI, it is extremely important to speak with an experienced Colorado attorney.

This post is provided for informational purposes only and is not to be construed as legal advice.

Sources:

The Detroit Free Press, "Detroit Pistons' Ben Wallace gets probation on drunken driving, gun charges" Dec, 13, 2011

The Detroit News, "Police: Wallace 'knew he was in the wrong, and he shouldn't have had gun'" Sept. 29, 2011

Use of blood tests in DUI cases gaining in popularity across U.S.

2011-12-12T20:46:36Z

Any Coloradoans planning a trip to the state of Texas over the upcoming holidays to visit friends or family should be aware of a law enforcement procedure in the Lone Star State that can cause significant legal headaches for anyone arrested on suspicion of DUI/DWAI: blood tests.

According to reports, law enforcement officials throughout Texas have begun to rely more and more on the use of blood tests -- referred to as "no refusals" -- during weekends and holiday enforcement campaigns.

This means that if a motorist refuses to take a breathalyzer, the officer can take him or her to the nearest police station where an on-duty magistrate will be waiting to review the case and issue a search warrant to draw blood.

The suspect will then be taken to a nurse or other on-duty medical professional located in the police station to have their blood sample drawn.

"With no refusal, you don't have to go tromp down to the police station and then to a judge's house and then to a hospital, because you have everyone in one central location," said one prosecutor from Montgomery County, Texas.

What exactly is the appeal of these blood tests/no refusals?

]]> According to law enforcement officials in Texas, blood evidence results in convictions in almost 90 percent of cases because juries are more easily swayed by this type of scientific evidence -- a phenomemon prosecutors refer to as the "CSI effect" -- than they are by simple testimony (as is required in drunk driving cases involving a refusal to blow).

Still, many criminal defense attorneys in Texas are appalled by what they see as the ultimate invasion of privacy.

"It's an erosion of civil liberties," said one Austin-based DUI defense attorney. "If we can poke people involuntarily for evidence, where do we draw the line?"

Still other criminal defense attorneys fear that the judges/magistrates issuing the search warrants in no-refusal campaigns are simply rubber stamping them, without conducting the proper review.

Interestingly, Texas state courts have consistently upheld the legality/constitutionality of blood tests, while other states -- Florida, Illinois, Louisiana, and Missouri -- are starting to use them more frequently.

Stay tuned for updates from our Denver DUI/DWAI blog ...

Remember, mistakes happen. If you have been arrested for driving under the influence, it is extremely important to speak with an experienced Colorado attorney.

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Fox News Latino, "More Texas cities to demand blood tests for drunk drivers" Dec. 12, 2011