The owners of a sports bar in Trinidad, Colorado, just down the road from Colorado Springs, have been ordered to appear at a meeting to answer accusations that an employee sold alcohol to an underage person. That person was an undercover agent from the state's Division of Liquor Enforcement.
]]> The three owners of the bar will meet with the executive director of the Colorado Department of Revenue at its offices in Colorado Springs to try to explain why the agency should not revoke its license for allowing a minor to buy alcohol. That agency has jurisdiction over liquor licenses and permits.The underage agent allegedly bought a drink containing alcohol on March 30 at the bar, the second time in less than a year that officials believe the bar has not followed the state laws.
In July 2011, the bar owners were accused of allowing illegal gambling in the building. One bar co-owner pleaded guilty to a misdemeanor charge of allowing professional gambling, drawing a $1,000 fine and six months of probation. Because of the gambling incident, the state suspended the bar's liquor license for eight days in December. The state held off applying an additional 17 days of suspension, provided it did not further violate the state liquor code.
When an underage person is arrested for driving drunk or minor in possession, it's important to ask where the teen got the alcohol in the first place. Is it fair to punish a teen for something that could be a termed a youthful mistake while the person who provided them the alcohol is not punished at all?
Source: The Trinidad Times, "Hearing scheduled in alcohol sale case; Gino's trio must seek Colorado approval to keep liquor license," Steve Block, May 8, 2012
]]>A bill cleared the Colorado state Senate by an 18-17 vote that defines impairment as 5 nanograms or more of THC per milliliter of blood. THC is an ingredient in marijuana. Driving under the influence of any drug is against the law in Colorado, but supporters of attaching a blood limit to marijuana said the drug needs to have a standard similar to that of alcohol, because medicinal marijuana is legal in the state.
]]> The measure still needs one final vote in the state Senate, and observers said that a decision rarely changes after the initial vote. Should it clear the Senate, it will head to the Colorado House, which last year approved its own version of a bill that included the 5 nanogram standard by a 51-14 tally.The sponsor of the Senate bill said that the state has seen an increase in marijuana use since the approval of the drug for medical use in 2000, and a definition for impairment was needed, adding that medical approval seemingly had implied that users had the right to smoke and drive.
Approximately 80,000 Colorado residents use marijuana for medical purposes. The White House has encouraged all states to set a standard to measure drivers' impairment while using marijuana but has not recommended a specific level.
Some dissenting senators argued that marijuana and alcohol register differently, meaning someone's blood level could register a higher amount of nanograms even while not technically high.
Additionally, one senator said he remained concerned that people using marijuana for medical purposes might be unfairly convicted of a DUI. That's why it's important for medical marijuana users to be aware of the rights that Colorado voters granted them.
Source: The Denver Channel, "Marijuana DUI Bill Clears Big Colorado Hurdle," Wayne Harrison, May 2, 2012
]]>The pilot, 46, graduated from the Air Force Academy in Colorado Springs, Colorado, and spent some time as a pilot for Air Force Two, which transports the U.S. vice president. He was killed as he rode his bicycle south on Colorado 83, and was struck by a southbound Jeep Wrangler being driven by the woman, according to a state patrol spokesman.
]]> The man's wife stumbled upon the accident scene as she went to pick him up. He said it was getting too dark to ride, and he asked his wife for a ride home.Before his retirement in 2011 with the rank of lieutenant colonel, he spent five years as the Air Force Two pilot, transporting the second-in-command to 114 countries. He also flew Air Force cargo planes and served as an intelligence officer. Additionally, he instructed at the Combat Crew Training School and worked at an assistant director of operations for a squadron, according to a spokesman for the Air Force Academy.
There were no reports as to the woman's blood alcohol content or if any tests were performed to determine her blood alcohol content. It's also important to consider whether the driver could have even seen the man who was on the bicycle. If the man had told his wife that it was too dark to ride, perhaps there was nothing the woman could have done to avoid the accident.
Source: Air Force Times, "Ex-Air Force Two pilot killed; woman faces DUI," April 24, 2012
]]>The state began to suspect a problem after a private laboratory hired by a client came up with a different result than a state test. The agency fired the analyst after double checking some results. It is not known if the analyst was intentionally reporting results to try and convict people easier.
]]> The health department has vowed to have other staff members work overtime to conduct retesting on the samples. Of the first 250 re-tests, 10 came up with different results.Officials said the man had been properly trained. Still, a lab director said it appeared the analyst had not put the correct amount of blood in a vial for testing in some cases. Prosecutors said they were unsure how the testing problems might affect pending or past DUI cases.
At least one attorney who represents clients who have been accused of drunk driving said the reliability of the samples could prove questionable. Likening it to the use of DNA evidence in homicide cases, he said that if the state cannot guarantee the accuracy of the results, they should not be used as evidence.
The state lab tests blood samples in drunk driving cases for the Colorado State Patrol, sheriff's offices, and some local law enforcement agencies. No doubt people who have recently been arrested on drunk driving charges will want to know if they are going to get a fair shake in court.
Source: The Denver Channel, "State Fires Lab Analyst, Retests 1,700 DUI Blood Samples," Lance Hernandez and Thomas Hendrick, April 20, 2012
]]>The accident occurred on July 31, 2010, in Arvada, Colorado. The driver, behind the wheel of an SUV, admitted to striking a 41-year-old tow truck driver. At the time of the incident, the driver's blood-alcohol content was allegedly 0.233.
]]> At the sentencing, the judge told the man that he would receive the maximum sentence allowed under the pre-arranged plea deal. He had pleaded guilty to a felony count of vehicular homicide and another felony charge of leaving the scene of an accident where someone has died.Prosecutors said the man had taken his parents' car that evening because his car would not start due to his intoxication. To operate his own car, he needed to blow into a ignition interlock device that will not allow the car to start if it senses alcohol.
The man allegedly approached the intersection, filled with emergency vehicles from an earlier accident. The man drove through the intersection and struck the tow-truck driver. He was stopped by a police officer a few blocks away.
Co-workers of the tow-truck driver filled the courtroom during the sentencing, asking the judge to apply the full sentence. The man, in his words to the judge and the spectators, said he couldn't say anything to bring back the truck driver. He said he was disgusted with himself for driving that evening. Hopefully he can begin the process of treating his problem while in prison.
Source: 9News, "Hit-and-run driver sentenced to 48 years in prison: 'It sickens me,'" Blair Shiff and Chris Vanderveen, April 11, 2012
]]>The officer, who is a highly decorated member of the state police in a state neighboring Colorado, made 200 DUI arrests in 2007 alone. It is her handling of a March 2010 traffic stop that has called her actions into question.
]]> The man she pulled over that day claims she failed to follow department protocol when she administered a breath test before conducting a field sobriety test. By rule, the field sobriety test comes first.The officer's lawyer said she was merely trying to give that driver "the benefit of the doubt" by not forcing the driver to exit the car, but the benefit of the doubt doesn't matter. An officer is duty bound to follow the law.
At a court hearing, the officer said she had taken off her microphone as she performed the test. The driver's attorney said the officer admitted she removed the microphone so that her supervisors would not know she broke the rules. The attorney said that action shows she bends the truth when she wants to, which should call her credibility into question.
In 2009, the camera on the dashboard of her police car showed her using a Taser on a man during a traffic stop when the man would not leave his car. She suspected the man of DUI, and he said he wanted to contact a lawyer. A blood test indicated the man had a blood alcohol content of 0.03 far below the legal limit.
The state and the man settled that case for $40,000.
The officer's lawyer said that two questionable cases should not tarnish the officer's reputation, but anyone who has been arrested for drunk driving by the woman should wonder if his or her rights were violated.
Source: ABC News, "Former Trooper of the Year Admits to Violating DUI Procedure," Christina Ng, March 29, 2012
]]>The man, 38, was arrested outside of Silt, Colorado, and charged with misdemeanor DUI, possession of an open container of alcohol, failure to drive in one lane and prohibited use of weapons.
]]> After officers pulled the man over, he would not take a field sobriety test, according to court records. He reportedly had glassy eyes and exhibited slurred speech and a lack of balance. Results of a blood alcohol content test have not been disclosed.Where the man will face a judge, however, is putting scrutiny on this case unlike any other misdemeanor DUI. Since his arrest, he has resigned from his job as an officer in Glenwood Springs, Colorado, which is located in Garfield County. His case has been moved to Pitkin County Court because of the prospects of a conflict of interest in Garfield County, according to authorities. Arraignment is set for April 17.
Now, his time in court comes as tensions mount between the Pitkin County sheriff's office and federal agencies. The man once worked on assignment with the U.S. Drug Enforcement Agency.
The sheriff's office and the DEA are at odds because the DEA did not tell local officials about its investigation of the six people who lived near Aspen because of the suspects' rumored friendship with the sheriff. Because of the former officer's connection to the DEA investigation in Aspen, a representative for the man said the DUI case is sensitive.
The officer once testified in federal court, for example, saying that one of the cocaine-trafficking suspects was close friends with the current and past sheriffs. He also said that the Pitkin County sheriff's office frowned upon outside agencies doing undercover work in the county. It's important that the officer receives a fair trial, because his ability to get future work in his field is also at stake.
Source: The Aspen Times, "Paul Pedersen charged with DUI outside of Silt," Rick Carroll, March 31, 2012
]]>The skier, visiting the resort area of Keystone, Colorado, was hit as he attempted to cross the four-lane Highway 6 at Rasor Drive. The vehicle in the right lane stopped to let the 33-year-old man from Romania cross. Police claim the driver in the left lane did not stop and hit the man.
]]> The stretch of road where the man crossed has been the subject of concern among area residents, according to reports. They have written letters to the editor of the newspaper, asking for transportation officials to modify the roadway before a serious injury or death occurred.Officials acknowledge that pedestrians at that intersection have difficulty seeing cars, and drivers always can't see those on foot. Highway 6 is a well-traveled route used by truck drivers, as well as skiers eager to get to the slopes.
The crosswalk has a steady stream of pedestrians with two bus stops nearby. Skiers staying in local condominiums also use that crosswalk to reach the ski area. A local resident said that if drivers do not know the crosswalk is there, they can go right through it without stopping.
The county and the Colorado Department of Transportation have joined forces to try to solve the crosswalk problem. Transportation officials announced last year that the department would spend as much as $100,000 on a new crosswalk with an extensive sign to warn drivers. Infrared technology that can detect when a pedestrian has entered the crosswalk will trigger the warning sign.
Source: CBS4, "Romanian Tourist Killed By Suspected Drunk Driver In Keystone," March 19, 2012
]]>After their time spent in Larimer County DUI court, they say they are sober. The court started in mid-2010 with the goal of rehabilitating people with repeated DUI offenses who had a likelihood of drinking and driving again.
]]> The DUI court strives to help solve a problem rather than just to pass a sentence and move on to the next case. Instead, those who enroll in the voluntary DUI court typically are sentenced to the county's work release program.Treating the root of the drinking problem of the habitual offender is the goal of the DUI court. They pay a fee to live in a different wing in the county jail, take part in therapy sessions, do community service and participate in DUI education programs. Those who enroll in DUI court pay for all treatment and costs of supervision.
Anyone who lives in Larimer County who has repeated alcohol charges on their records can enroll. Participants now taking part in the program generally are between 22 and 69 years old and have four to five DUI convictions.
Since the program started, no participant has received an additional DUI charge or been dismissed for not following the rules, officials said. The court will track graduates every three months to determine if they have had additional DUI offenses.
The man who recently graduated was the first to enroll in the program. Convicted of DUI charges six times, he said the court helped him understand that he suffered from alcoholism and has learned the tools to help him beat the condition.
Source: Reporter-Herald, "Larimer County's DUI court helps residents turn their lives around," Madeline Novey, March 16, 2012
]]>Police arrested the 23-year-old man as he drove his SUV in the Old Town section of of the town in a neighboring state where the team is holding spring training. If convicted of extreme DUI, the pitcher would face punishment that could include a minimum jail sentence of 30 days, the loss of driving privileges and approximately $2,500 in fines.
]]> The man was released shortly after his arrest and told the team's general manager that he had consumed two drinks. He reportedly returned to training camp and apologized to his teammates if his arrest caused any embarrassment.In many states, including Colorado, the penalty for extreme DUI is harsher than for other DUI cases. A DUI case may be labeled "extreme" when a person has a higher blood alcohol content than just over the legal limit of 0.08. In Colorado, it must be higher than 0.17.
In this instance, Rockies officials said this player understood the seriousness of driving after drinking, as well as the allegations against him. They said he is a hard worker on the field and will not face team discipline for the alleged incident.
The pitcher is in his first training camp with the Rockies, and in his second full season in the major leagues.
One of the options the player has if he is interested in fighting the charges is making sure the Breathalyzer was functioning properly at the time of his arrest. It can malfunction more often than people think.
Source: The Arizona Republic, "Scottsdale police: Rockies pitcher was at twice legal limit," DiAngelea Millar and Laurie Merrill, March 6, 2012
]]>And now Colorado lawmakers are trying to agree on a clear standard for what constitutes driving under the influence of marijuana. Lawmakers are currently considering a standard of 5 nanograms of THC, the ingredient in marijuana that produces a high.
]]> The sponsor of the bill argues that the state needs a "clear" standard that police can test when determining if someone's driving is impaired. Critics, however, argue that the standard is arbitrary and not based in science. A similar bill failed last year, and a committee formed to study the issue also failed to agree on a fair THC standard.Some of the bill's opponents have argued that the THC standard would unfairly single out medical marijuana users, because regular usage can increase THC levels, even if a driver is not currently high when pulled over.
Marijuana rights supporters have proposed a public education campaign to inform medical marijuana patients that driving while high is illegal in place of a specific standard.
Two other states have a THC standard of 2 nanograms, while another state has a 5-nanogram standard.
With more and more states approving the usage of medical marijuana, there should be a standard in place that doesn't infringe on people's rights to use what has been prescribed to them as medication. But an arbitrary number likely isn't the answer.
Source: Associated Press, "Colorado revisits marijuana DUI standard," Kristen Wyatt, Feb. 27, 2012
]]>The accident occurred when the two men, both plumbers, had parked their van on North Nevada Avenue in Colorado Springs. They were getting their equipment from the van when a SUV reportedly hit two parked cars, causing the men to be pinned to their van.
]]> A 46-year-old man died as a result of his injuries. The other man, the 44-year-old owner of the plumbing company, was taken to the hospital with two broken shins.Police claim that the arrested man and his passenger invented a story at the scene to disguise who actually was driving the Nissan Pathfinder they said hit the two men. The woman told police that she was behind the wheel when a small truck turned in front of her, forcing her to maneuver to avoid it. That is when she said she hit the parked cars, according to police.
But police said they don't believe there ever was a small truck. Once investigators questioned the two separately, authorities learned the man was the driver, according to police. Additional evidence gathered will bolster their case, they said.
Police said the arrested man was taken into custody in late 2008 and charged with DUI in El Paso County, Colorado. Later, he pleaded guilty to a reduced charge of driving while ability impaired and was also twice was convicted for driving with a revoked license.
Police said they suspect the woman lied for him so that the man would face no further brushes with the law. But consulting with an experienced defense attorney is likely a better strategy than trying to concoct a story with another person. The man will likely face severe penalties if convicted, because his license has already been suspended.
Source: The Denver Channel, "Man Wanted In Crash That Killed Plumber Surrenders," Alan Gathright, Feb. 21, 2012
]]>The 34-year-old driver from another state pleaded guilty in November 2011 to a variety of charges pertaining to the Dec. 26, 2010, accident that left a 71-year-old resident of Lamar, Colorado, dead. In all, the driver admitted to 10 charges, including two counts of vehicular homicide, driving under the influence and two counts of vehicular assault.
]]> Prosecutors said the driver pulled his tractor-trailer off the road in Limon, Colorado, and drank at a bar during the afternoon before getting back into his truck.After returning to the road, he then allegedly entered the eastbound lanes of Interstate 70, driving westbound. He traveled about 11 miles in the evening darkness without his lights on as motorists called police to warn them of the wrong-way traveler. A Limon officer unsuccessfully tried to pull him over before the accident occurred.
The driver of the other vehicle died instantly, while two passengers in his car were injured. The truck driver's blood alcohol content was allegedly measured at around the 0.20 mark in multiple tests three hours after the accident, court records showed. It is not known what methods were used for the test.
While the sentence may seem harsh, the plea deal likely made the sentence lighter. The man is admitting to his mistakes and choosing to move on. It's important that he be given the treatment he deserves so that society doesn't fail him when he is released.
Source: Elbert County News, "Elbert County judge sentences DUI trucker to prison for death of Lamar man," Rhonda Moore, Feb. 15, 2012
]]>Surprisingly, the review found that weather did not play a role in most of the accidents. Many of the accidents occurred when the skies were clear. A high number of accidents - 12 of the 43 crashes or 28 percent - involved alcohol and driving under the influence. Deaths and injury as a result of DUI seemed more likely to cause an accident than weather in 2011.
]]> Some of the other causes were failure to wear seat belts, as well as reckless and inattentive driving.Under Colorado law, it is generally a criminal misdemeanor to drive while under the influence of alcohol. However, for a second or third offense the charges will become more severe. If an injury or death occurs, vehicular assault or vehicular homicide charges might be filed.
Punishment for a first DUI offense is likely to include jail time, fines and public work service. Subsequent offenses will result in longer periods of imprisonment, higher fines, more community service and a substance abuse evaluation and court ordered alcohol abuse treatment. In many cases the court will also order that an ignition interlock device as a condition or bond or probation.
If ever stopped for suspicion of driving under the influence, cooperate with the law enforcement officers, but at the first chance ask to speak with a Colorado criminal defense attorney.
Source: The Gazette, "Traffic fatalities up slightly in 2011, myriad factors contributed," Jakob Rodgers, Feb. 10, 2012.
]]>Denver police officials and the Denver district attorney's office confirmed his arrest nearly a week after the Feb. 1 incident. A spokeswoman said the player received two citations for misdemeanor counts of driving under the influence of alcohol, as well as tickets for careless driving and for operating a vehicle without proof of insurance.
]]> The player was allegedly traveling southbound on Interstate 25 at a clip of 65 to 75 mph in a 45 mph construction area, police said. Ironically, the luxury car he was driving -- a silver 2007 Bentley -- bears a vanity license plate that reads "SAUCED."After a Denver police officer pulled over the Bentley, the officer claimed to have smelled alcohol on the player's breath, according to reports. A blood alcohol test was conducted, but police did not yet have the results.
The player is due to make a court appearance on March 2.
The Broncos drafted the man in 2009 out of the University of Georgia with the 12th pick in the draft. He signed a five-year contract worth nearly $17 million but missed much of the 2011 season with a torn anterior cruciate ligament. Responding to reports of his arrest, the Broncos issued a public statement acknowledging the seriousness of the situation and vowing to take a close look at the case.
Source: The Denver Channel, "Broncos' Knowshon Moreno Arrested In DUI Stop," Wayner Harrison, Feb. 6, 2012
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