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Motorist suspected of drunk driving submerges car in swimming pool

2012-05-18T17:49:22Z

A DUI case took a very interesting turn in Southern California last weekend when a motorist drove his car into a residential home's swimming pool.

According to a story in the San Gabriel Valley Tribune, the 40-year-old driver was later booked on suspicion of driving under the influence after the early morning crash in La Puente, California.

The car actually plowed through a wall made out of cinder blocks before driving into the backyard of a residential home and ending up in that home's in-ground swimming pool.

The driver of the vehicle suffered only minor injuries despite the dramatic nature of the accident. According to the Valley Tribune's story, he was able to climb out the right front window of his car after submerging it in the swimming pool.

]]> A resident of the home said that the noise of the crash woke the family. When residents looked into their backyard, they were surprised to find a vehicle floating in their pool.

"We woke up to an awful noise and looked outside, and a car was in the pool," said one of the residents of the home. "We had always joked around about it -- that someone was going to end up in the pool -- because they've hit our wall before."

According to the story, the driver of the car was driving westbound in a 2006 Lexus GS430 when he approached a "T" intersection. He then proceeded to drive through the intersection and straight into the wall surrounding the home's backyard.

This story had a semblance of a happy ending. There was the potential for serious injury here, on both the part of the driver, fellow motorists and anyone who might have been in the backyard or swimming pool when the accident took place. Fortunately, this accident took place shortly before 5:30 a.m., so the backyard was empty.

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

Whether you have been arrested and charged with a 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:

The San Gabriel Valley Tribune, "Officials: Drunken driver ends up in backyard swimming pool in La Puente," May 13, 2012

Update: Pot-related DUI will not become a reality in Colorado

2012-05-14T21:48:40Z

Last week, it appeared as if a controversial measure designed to institute a marijuana-related DUI was poised to become state law after passing the Colorado Senate and heading to the Colorado House of Representatives.

In recent developments, however, it appears as if the proposed legislation has gone down in flames.

Last Tuesday night, S.B. 117 -- which was designed to punish drivers whose levels of THC (the psychoactive ingredient in marijuana) met or exceeded five nanograms per milliliter of blood -- died on the House floor along with 29 other bills.

Specifically, it appears as if the bills perished because of an intense -- and highly contentious -- debate over civil unions in the House that effectively caused legislative gridlock, meaning the 30 bills weren't debated/voted on before the end of the session.

]]> Sen. Steve King (R-Grand Junction), sponsor of the bill, expressed disappointment in the outcome and indicated that he would reintroduce the bill again next year unless the medical marijuana industry took decisive action against stoned driving.

"I'm going to challenge the marijuana industry in our state to step up and do something," he said.

Opponents of S.B. 117 were always concerned with the fact that medical marijuana patients generally have higher THC levels due to more frequent use of the drug, meaning they may fail the test but not actually have smoked before driving.

They welcomed the defeat of the bill and indicated that Colorado already has the necessary laws in place.

"We will continue partnering with state agencies, such as the Colorado Department of Transportation, to build awareness about the dangers of drugged driving, and to help make our roads safer," said Mike Elliot, executive director of the Medical Marijuana Industry Group.

Under current Colorado law, motorists suspected of driving under the influence of marijuana or other narcotics must submit to a blood test or face license suspension. There is, however, no standard impairment threshold used for driving under the influence of drugs -- unlike the .08 blood alcohol content (BAC) threshold established for drunk driving.

Stay tuned for more news on this story 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 Denver Post, "Sponsor of failed Colorado marijuana driving bill says he will try again," John Ingold, May 9, 2012

Driving with a .05 blood alcohol level is illegal in Colorado

2012-05-11T15:38:58Z

The legal limit for blood alcohol level while driving may be lower than many Coloradoans think it is. While you may be aware that the legal limit for a DUI in our state is .08, you may not know that driving with a blood alcohol content (BAC) as low as .05 is also treated as a criminal offense.

Driving with a blood alcohol level between .05 and .08 is a misdemeanor traffic offense called "driving while ability impaired," or DWAI. It's an unusual law that exists only in New York and here in Colorado.

]]> Here, the risk is that many people with a blood alcohol level of .05 may not think of themselves as impaired. To illustrate, a 140-pound person could reach that level with as little as two drinks in an hour or three drinks in two hours.

"People [with a blood alcohol level of .05] say 'I'm fine, I feel fine,' at .05 people honestly probably do feel fine," said one attorney. "Under the law you are not fine, you are committing a crime if you drive."

The penalties are nothing to scoff at. People convicted of a DWAI can get sentences of two to 180 days in jail, fines up to $500, 24 to 48 hours of public service, and be required to undergo an alcohol evaluation. In addition, people convicted of a DWAI who have a commercial driver's license could lose their license for a year.

A sergeant with the Mesa County sheriff gave this sagely advice: "If you've been drinking, even if you feel a little bit buzzed or if you feel like you might not be able to drink, don't drive, get a ride."

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

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

Source:

KJCT-Grand Junction, "Do you know the limit? It's not .08!," May 4, 2012

Pot-related DUI likely to become a reality in Colorado

2012-05-07T20:23:10Z

Last week, a controversial measure designed to institute a marijuana-related DUI officially cleared a rather significant hurdle in the Colorado Senate and now appears poised to become state law.

Specifically, state senators passed S.B. 117 by a vote of 18-17. The proposed legislation would punish drivers whose levels of THC -- the psychoactive ingredient in marijuana -- meet or exceed five nanograms per milliliter of blood.

The narrow passage of the bill came courtesy of a vote change by Sen. Nancy Spence (R-Centennial), who voted against a measure calling for the same DUI drug standards last year.

]]> Sen. Steve King (R-Grand Junction), sponsor of the bill, indicated that a THC threshold is a welcome and necessary tool for law enforcement, particularly in light of the explosion in medical marijuana use.

"We are well on our way to a doped-driving epidemic that will match the DUI epidemic that we had 15 and 20 years ago," he said.

Opponents of S.B. 117 -- both Democrats and Republicans alike -- are concerned with the fact that medical marijuana patients generally have higher THC levels due to more frequent use of the drug. However, this does not necessarily mean that they are driving under the influence at the time they are pulled over by law enforcement.

"Some of these people wake up in the morning and roll out of bed at five nanograms," said Sen. Pat Steadman (D-Denver).

S.B. 117 will now have to pass one more formal vote in the state Senate and is expected to pass. From there, it will go to a full debate/vote before the Colorado House of Representatives, where lawmakers approved a five nanogram limit just last year by a 51-14 vote. (This measure went on to be defeated in the Senate.)

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

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

Source:

KMGH-Denver, "Marijuana DUI bill clears big Colorado hurdle," Wayne Harrison, May 2, 2012

Coloradoans' opinions on marijuana legalization are hard to measure

2012-05-04T14:23:39Z

In November 2012, Coloradoans will vote on Amendment 64, which would legalize the personal use of marijuana throughout the state if it passes. Meanwhile, pollsters who are trying to gauge how Coloradoans are likely to vote are having a tough time.

A survey taken in Colorado in August of last year showed overwhelming support for legalized marijuana. However, another survey taken by the same polling company only four months later showed opinion was much more evenly divided, though a bare majority still expressed support.

]]> Opinion on the legalization question could swing rapidly, according to political science experts. On some issues, such as same-sex marriage, people's opinions rarely change. But on the marijuana legalization issue, people are more impressionable, and their opinions can be more easily swayed by what they hear.

Making it even harder to predict what will happen in November are the recent actions taken by several Colorado towns to shut down their medical marijuana dispensaries. Three towns voted recently to ban the dispensaries. The votes received wide attention when the story of one of the towns -- Fort Collins -- was featured on the "American Weed" series on the National Geographic Channel.

Experts believe that media outlets such as the National Geographic Channel and interest groups can have a large impact on how people will ultimately vote on Amendment 64, especially since most political candidates are not taking sides. The last state to put the question of marijuana legalization up for a vote was California back in 2010, where the measure was defeated 54 to 47 percent.

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:

KUNC 91.5, "Unraveling Medical Marijuana Public Opinion in Colorado," Grace Hood, April 5, 2012

Boulder man arrested for bicycle DUI

2012-04-30T21:46:05Z

For the most part, our DUI/DWAI-related blog posts focus on more common offenses in Colorado news, including first-offense DUI arrests or felony DUIs. However, today's post will examine a DUI-related offense that is reported on far less often: driving a bike under the influence.

Earlier this month, a 30-year-old man was arrested for driving his bicycle down a busy thoroughfare in Boulder while intoxicated, eventually telling arresting officers that he "just wanted to get home."

According to reports, Boulder police responded to the scene of an accident where a bicycle purportedly struck a car that was waiting to make a left turn in the crosswalk. At the time of the collision it was raining, making visibility rather poor.

The bicyclist, who was not using a light or reflective device, suffered only minor injuries and informed the responding officers that he had consumed 10 drinks over the course of the evening and that he wanted to walk home because he was "fine."

]]> However, the officers must not have shared the same sentiment, because they took the young man to a nearby hospital for treatment for his cuts and bruises. Roughly two hours later, the officers administered a field sobriety test, which he promptly failed.

"[The young man] did not complete the voluntary roadside maneuvers in a manner that is consistent with sobriety."

Officers then administered a breath test three hours after the bicycle crash to measure the young man's blood alcohol content (BAC), which registered .207 -- well over the legal limit here in Colorado.

The officers subsequently placed the young man under arrest on suspicion of driving under the influence and booked him into the Boulder County jail.

While you may think that you can only be arrested for DUI if you are behind the wheel of a car, this is clearly not the case. In fact, the number of cyclists arrested in bicycle-friendly Colorado towns always seems to be rising.

Stay tuned for further developments from our Denver DUI/DWAI blog ...

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:

KMGH-Denver, "Boulder cyclist arrested on DUI charge after collision," Thomas Hendrick, April 17, 2012

'Legal' synthetic marijuana may be more harmful than the real thing

2012-04-27T15:05:50Z

A new recreational fad has emerged in recent years among teens and adults looking for a legal alternative to marijuana. The synthetic marijuana known as "K-2" or "Spice" promises a safer "high" while keeping the users out of trouble with the police. However, new information suggests that the legal version of the drug may be more dangerous than the illegal alternative.

Christina Hantsch of the Loyola University Medical Center has suggested that the drug may be more dangerous than heroin or cocaine. Yet, teens who claim that they are afraid to use these types of "hard drugs" are experimenting with the marijuana substitute because they do not think it is as dangerous as other types of drugs. In fact, The Centers for Disease Control and Prevention recently reported that 1 in 9 high school students have tried the drug at least once.

]]> According to reports, users of the drug have experienced a variety of negative symptoms. Loss of consciousness, paranoia and psychotic episodes are just a few of the side effects of using the drug. Other users reported losing the ability to move their body while remaining conscious. As a result, calls to poison control centers regarding the drug increased significantly between 2010 and 2011.

While many states -- including Colorado -- have either outlawed the drug or are in the process of passing legislation on the issue, drug manufacturers seem to be finding loopholes in the law.

As soon as these state government regulate one or more of the substances used to make the drug, the manufacturers change the formula and put the product back on the market. So while the states deal with the legal aspects of banning the substance, the public needs to be educated on the potential harm this drug can cause.

Stay tuned for more 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 Christian Science Monitor, "Synthetic marijuana on the rise: looks like pot, but 'far worse'" Daniel Wood, April 17, 2012

State agency to retest 1,700 DUI blood samples

2012-04-23T20:30:19Z

The legal community here in Colorado is currently abuzz following revelations that the state is retesting 1,700 blood samples taken in DUI cases.

According to reports, the Colorado Department of Public Health and Environment was notified of a potential problem back in March by a deputy district attorney. Specifically, the DDA reported that a private lab retained by a criminal defense attorney on behalf of a client had produced a different result -- meaning a different blood alcohol content (BAC) reading.

Agency officials immediately launched an investigation into the matter and discovered that there were indeed problems with the DUI blood samples prepared by the state and that the faulty samples could be traced to a particular individual.

"We immediately removed the analyst involved ... and investigated the situation," said Dave Butcher, director of the Colorado Department of Public Health and Environment Lab Services Division. "Once we confirmed that, we moved to terminate the employee."

The employee in question worked in the lab from October 2011 to March 2012, and all of the former blood samples he prepared -- 1,700 in all -- are now being retested at an estimated total cost of $42,500.

]]> Interestingly, Butcher indicated that the problem with the samples was likely that the analyst failed to measure a precise ½ milliliter of blood into testing vials, and that this was attributable to an unintentional flaw in his technique.

Of the 1,700 blood samples, only 250 have been retested by the state thus far.

"So far, 10 samples are showing results lower than what is obtained in private labs," said Butcher.

Butcher indicated that the staff of the Lab Services Division has since been retrained and that an independent auditing system will be introduced for the time being to help ensure accurate testing results.

He also stated that he expected that any testing discrepancies discovered would ultimately have no impact on the prosecution of the DUI cases since they are still pending.

However, many DUI defense lawyers disagree on this assessment.

"This is scientific evidence," said one attorney. "It's just like DNA evidence that we would use in a homicide case. Reliability is what we're totally about here. If these tests are not reliable, they should not be used to convict people who are driving under the influence, (or of) vehicular assault or anything involving driving while intoxicated."

For those unfamiliar with the Labs Services Division, it tests DUI blood samples for law enforcement agencies throughout the state that are lacking their own lab facilities, including the Colorado State Patrol.

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

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

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

Source:

KMGH-Denver, "State fires lab analyst, retests 1,700 DUI blood samples," Lance Hernandez and Thomas Hendrick, April 20, 2012

UC-Boulder sets up checkpoints to keep people out of 4/20 event

2012-04-20T15:31:26Z

Anyone planning to attend today's annual 4/20 celebration of marijuana at the University of Colorado-Boulder (CU-Boulder) should be aware of the university's stringent new security procedures designed to keep non-students away from the event.

According to university reports, at last year's event, 10,000 people gathered on campus at 4:20 p.m. to smoke marijuana. Officials say that the event reflects poorly on the university and that they want to shut it down once and for all.

"[It] doesn't reflect well on the reputation of the University. This is something that has to end," said Ryan Huff, a CU-Boulder campus police spokesperson. "[It] will take some number of years, but we'd like to see it go away."

]]> Today, the university is setting up checkpoints at all major entrances to the campus and will deny admission to anyone without a university ID or special clearance to enter. In addition, more police will be on patrol.

People on campus who are not affiliated with the university or not attending another event could be charged with trespassing, an offense that carries up to six months in jail and up to $750 in fines.

Not surprisingly, closing the campus is a controversial move since the university is a public institution that receives about $60 million annually from the state of Colorado.

However, a campus spokesperson says the university is invoking a long-standing policy "intended to prevent interference and material and substantial disruption of University functions or activities, promote safety, [and] protect University property." The policy has been used previously during weather emergencies, but never during a public event.

The Boulder Committee to Protect the First Amendment said the 4/20 event is a protest against marijuana laws, and that the university's actions violate the First Amendment right to protest.

It is worth noting that the Colorado State Patrol also announced that they will be increasing their patrols in and around Boulder, looking for drunk drivers and drivers under the influence of drugs (DUID).

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

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

Source:

KMGH-Denver, "CU closes campus to extinguish 4/20 fest," Thomas Hendrick, April 13, 2012

Update: Former Miss USA facing DUI charges

2012-04-16T19:26:23Z

In today's connected world, it is bound to make the news almost immediately whenever a celebrity is arrested on suspicion of drunk driving (DUI first offense, felony DUI, etc.). Unfortunately, some publications will also immediately jump to perhaps unfair conclusions about the person arrested, using altogether unflattering terms.

To illustrate, back in December, our blog reported on a very interesting story out of Michigan, where 26-year-old Rima Fakih -- the first Arabic woman ever to be crowned Miss USA back in 2010 -- was arrested and eventually charged with operating while intoxicated (OWI).

While many publications/outlets were quick to judge or perhaps portray her in a less than positive light, Fakih has since come forward to take full responsibility for her actions.

Last week, Fakih appeared in District Court in Highland Park, Michigan, pleading no contest to driving while visibly impaired -- a misdemeanor -- as part of a plea deal reached with prosecutors. In exchange for pleading no contest, prosecutors agreed to drop an open intoxicants charge -- a misdemeanor -- and a careless driving charge -- a civil infraction.

]]> (For those unfamiliar with a no-contest plea, it is not viewed as an admission of guilt but is treated as one for the purposes of sentencing.)

"You have to pay the price for making mistakes, but you move on and make sure you learn from those mistakes," said a penitent Fakih after the hearing.

Fakih was arrested back on Dec. 3 after the Jaguar XJR she was driving was observed by police officers traveling at a high rate of speed and changing lanes without a signal. Her blood alcohol content (BAC) was later measured at .19 -- well over the legal limit in the state of Michigan.

Fakih's DUI defense attorney stated that he expects his client to be placed on probation at her May 9 sentencing hearing and is hopeful she will be able to serve the probation in California, where she currently resides.

"The settlement that was reached is fair to all sides," he said. "She doesn't have to go through all of this anymore."

Stay tuned for more 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.

Source:

The Detroit Free Press, "Former Miss USA Rima Fakih pleads no contest in driving impairment case," Melanie Scott, April 12, 2012

Decorated state trooper admits to violating department policies in DUI stops

2012-04-13T15:37:58Z

A chilling YouTube video from 2009 shows a Utah Highway Patrol officer repeatedly tasering a driver during a DUI stop after he politely said he wanted to call his lawyer. Now, the same highway patrol officer has admitted in court that she intentionally violated department procedures in another traffic stop and tried to hide her actions from her superior.

The violations came to light during a hearing to suppress evidence in a separate DUI case involving Trooper Lisa S. who pulled over the defendant, Theron A., back on January 2, 2010 because his license plate light was out. Subsequent to the traffic stop, Theron A. was charged with felony drug crimes and misdemeanor DUI.

Earlier this year, Theron A.'s attorney successfully petitioned the court to use parts of Trooper Lisa S.'s personnel file -- which detailed the violations -- in order to put her credibility at issue.

]]> During the hearing, Trooper Lisa S. testified that she intentionally left her microphone in her patrol car during a different DUI stop in March 2010 so that her superiors would not know that she was going to make the driver take a portable breath test before performing a field sobriety test, both violations of Utah Highway Patrol policies.

"I don't know why I did it," she said. "It's one of the stupidest things I've done."

Trooper Lisa S. has been something of a lightning rod for controversy. In 2007, she became the first woman to be named Utah Highway Patrol trooper of the year. In 2009, the president of the state senate congratulated her for her 400 DUI arrests, more than twice as many as any other Utah Highway Patrol trooper and possibly a national record.

Since 2009, she has also been a member of a select group of 12 troopers known as the DUI Squad who patrol both highways and city streets -- permissible under state law -- to "identify and interdict impaired drivers remove impaired drivers." Specifically, the DUI Squad focuses on such hot spots as convenieicne stores and bars.

Trooper Lisa S., however, been severely criticized for her failure to follow UHP policies, and not only by the press and defense attorneys. A district judge once wrote in a ruling that her behavior was "especially troubling."

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 information in the next post from our Denver DUI/DWAI blog ...

Sources:

The Salt Lake Tribune, "Utah Highway Patrol trooper admits violating policies," Aaron Falk, March 27, 2012

City Weekly, "Utah Highway Patrol's DUI Super Trooper Page 1," Stephen Dark, September 8, 2010

Prom season and its elevated drunk driving risks

2012-04-09T20:18:06Z

There is no doubt that this is an exciting time for many teenagers. College acceptance letters are arriving in mailboxes, graduation is right around the corner and prom season is finally here. This means that over the next few weekends, teens across Colorado will be dressing up, taking pictures and heading out for an evening of dancing. It must be noted, however, that with prom season comes an increased risk of both car accidents and DUI-related accidents.

To illustrate, statistics from the U.S. Department of Transportation indicate that an average of 48 teens are killed and 5,202 are injured in car crashes during a typical prom weekend.

Furthermore, the advocacy group Students Against Destructive Decisions (SADD) has determined that the leading cause of death among teens/young adults (15-20) is car accidents and that 36 percent of these fatal accidents are directly attributable to alcohol.

Given these eye-opening statistics, what can parents do to help keep their teen drivers safe during prom season?

]]> Experts recommend that parents consider a few of the following steps to help prevent underage consumption and/or drunk driving accidents:

Talk about your expectations and clearly outline your rules for the evening
Make sure you find out who is responsible for driving and your child's plans for the evening
Talk to other school officials and other parents to confirm what your child has told you about the evening
Communicate to your teen that he or she can call you -- no questions asked -- if any problems arise and they need a safe ride home
Ask your teen to check in with you at designated times and to leave their cell phones on throughout the evening

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

Stay tuned for more information in the next post from our Denver DUI/DWAI blog ...

Sources:

Charlotte Parent, "Teen Safe Driving -- Prom and Graduation" March 2012

The Evansville Courier & Press, "Prom, graduation season accelerates dangers of underage drinking, drugs," Nichole White, April 4, 2011

Will cars be able detect your blood-alcohol level in the future?

2012-04-06T14:12:11Z

Will cars of the future help prevent DUI-related accidents and arrests? They just might, according to a recent story in the Los Angeles Times.

According to the story, the Senate version of the federal transportation bill includes $24 million in new funding over the next two years for the study of alcohol-sensing technology designed to prevent drivers from starting their vehicles if they are found to be under the influence.

The goal of this research is to determine whether it makes sense to mandate that all automakers include this technology as standard equipment in cars of the future.

Of course, many states already require drivers convicted of DUI to install ignition interlock devices on their vehicles. Before starting their cars, these drivers have to breath into the devices. If their blood-alcohol level is determined to be at or over the legal limit of 0.08 percent, their cars won't start.

]]> Not everyone, though, is excited about the prospect of expanding this technology to include those drivers who have never been found guilty of driving while intoxicated or driving under the influence of drugs.

The Los Angeles Times' story cites complaints from the American Beverage Institute. Specifically, ABI officials argue that the ignition interlock technology might be set to detect alcohol at or below the legal limit. This in turn could prevent drivers from starting their car even if they aren't intoxicated, and prevent them from enjoying a drink or two while out with family or friends.

Despite these valid concerns, the research will likely continue to move forward. It is noted in the story, however, that it's unlikely that cars of the future will include the same ignition interlock devices that those convicted of drunk driving must deal with today. Instead, the goal is to find a less obtrusive technology, one that doesn't require drives to breath into a tube.

What are your thoughts on outfitting all new cars with unobtrusive technology that can measure your blood alcohol content (BAC)?

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

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

Stay tuned for more information in the next post from our Denver DUI/DWAI blog ...

Source:

The Los Angeles Times, "Should future cars curb drunk drivers?" March 28, 2012

Law enforcement makes over 400 DUI arrests on St. Patrick's Day weekend

2012-04-02T21:20:00Z

A few weeks ago, people across Colorado threw on their favorite green gear and headed to their local taverns to celebrate St. Patrick's Day -- the first time the holiday has been on a Saturday since 2007. However, partygoers weren't the only ones out it full force over the weekend. As it turns out the Colorado State Patrol and local law enforcement agencies all over the state were using increased patrols to catch motorists driving under the influence.

In 2010, the St. Patrick's Day holiday DUI campaign resulted in exactly 686 DUI arrests across Colorado. Tragically, one person was killed in an alcohol-related crash.

In 2011, approximately 682 motorists were arrested by law enforcement officials for driving under the influence over an enforcement period that spanned seven-days. There was one alcohol-related fatality.

What then were the results of the 2012 St. Patrick's Day holiday DUI campaign?

]]> According to reports, there were approximately 424 DUI arrests in Colorado over the St. Patrick's Day weekend and three-alcohol related fatalities.

"We had a record number of officers on our roads looking for impaired drivers over the holiday weekend," said Colonel James Wolfinbarger, chief of the Colorado State Patrol. "Despite all of our efforts, unfortunately three people were killed due to impaired driving. No matter what time of the year impaired driving will not be tolerated and you will be arrested."

Interestingly, the statistics released also identified which cities had the highest number of drunk driving arrests over the St. Patrick's Day holiday.

Here, Denver came in at number one (48 arrests), followed by Colorado Springs (36 arrests), and Aurora (29 arrests).

While no formal announcement has been made, it is likely that the next period of increased DUI enforcement will be over the Memorial Day weekend.

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

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

Stay tuned for more information in the next post from our Denver DUI/DWAI blog ...

Source:

Fox 31, "St. Patrick's Day DUI crackdown nets 424 arrests" March 26, 2012

Feds crack down yet again on Colorado medical marijuana

2012-03-30T14:15:27Z

Back in January, John Walsh, the U.S. Attorney for the District of Colorado, sent letters to 23 medical marijuana dispensaries that were within 1,000 feet of schools, threatening prosecution unless the dispensaries were shut down.

At the time, a spokesperson for the attorney general's office warned that the crackdown was just the "first wave," and that "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."

All 23 dispensaries targeted in the January crackdown stopped selling marijuana, while the attorney general's office has now made good on their threat to bring another "wave" of action against medical marijuana dispensaries.

Specifically, they recently sent letters to 25 more Colorado dispensaries within 1,000 feet of schools, again giving an ultimatum to owners that the dispensaries be shut down or their property would be seized.

]]> This ongoing federal action illustrates the long-simmering tension between federal and state law enforcement officials in Colorado and other states where medical marijuana is legal under state law, but illegal under federal law. In Colorado, medical-marijuana dispensaries have been legal ever since voters passed a medical-marijuana law 12 years ago.

Recently, Stan Garnett, the Boulder District Attorney, wrote a letter to Attorney Walsh, expressing his frustration with the sustained federal crackdown on facilities acting in full compliance with state law

"I can see no legitimate basis in this judicial district to focus the resources of the United States government on the medical marijuana dispensaries that are otherwise compliant with Colorado law or local regulation," read the letter.

Walsh responded with an open letter of his own, indicating that he was exercising his duties under federal law to combat marijuana trafficking.

"Federal law unambiguously prohibits all sale and distribution of marijuana," read his letter. "This office will continue this program until all marijuana dispensaries operating within 1,000 feet of a school have been warned and cease operations."

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

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

Sources:

The Chicago Tribune, "Attorney tells more Colorado medical pot centers to close" March 23, 2012

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