Colorado Springs Criminal Attorney Blog

So, 2012 has rolled around and it's time for this Colorado Springs Criminal Defense and DUI Defense Attorney to clean out his in-box of the interesting stuff I never got around to writing about last year.

2011 was a big year for marijuana in Colorado, in both criminal and driving under the influence of drug (DUID) cases. A number of cops, DA's, "get tough on crime" legislators, and Department of Health folks pushed for a "legal limit" of THC to be set for blood. Actual scientists pushed back, rightfully claiming that the proposed limits could sweep up non-impaired, innocent drivers. The proposed legislation was tabled. Here's a good overview from the Denver Post.

Even though he wasn't driving stoned, this NASCAR driver found out that you can legally use marijuana and still be fired (or suspended) by your employers. The state will continue to push for limits in 2012 and the tension between medicinal pot use and employment policies isn't going to go away, so keep your eyes open. I believe, however, that the pendulum is swinging towards more expansive marijuana laws. And the reason is--not your civil rights. You guessed it. It's the other green stuff--MONEY.

The City of Colorado Springs was poised to take in an estimated $745,000 in application and licensing fees from pot shops last year. That doesn't even include sales tax. Question: Would you rather have a medicinally useful legal substance sold in a safe, regulated, tax generating establishment or by a bunch of thugs on a corner? That's what I thought.

In fact, in 2012, it looks like the pendulum will swing even closer towards complete legalization of marijuana possession with a recent poll indicating 49% of Coloradans support legalization, with only 40% opposing. See this Denver Post article. The legalization question looks headed to the ballot, and even the Colorado Attorney General thinks it will pass.

If you've read my blog before, you know how much I hate DUI checkpoints. They have minimal impact (the officers could be better utilized actually looking for erratic, unsafe driving) and are Constitutionally suspect. Well, the City of Colorado Springs agreed. I rarely agree with the Colorado Springs Gazette editorial board, but on the DUI Check point question, they got it right. After they printed this editorial, the outrage in the comments section caused the City to cease its participation in DUI Checkpoints. Don't get too giddy though, the State Patrol indicated they'll pick up where the city left off.

In more news, I've heard through the grapevine that the Colorado Legislature may be allowing common sense to enter into domestic violence prosecutions and give the cops, DAs and courts back some discretion to handle those situations on a case by case basis. I'll let you know if and when that becomes law.

Well, my e-mail is now empty. If you've been charged with a Colorado Springs DUI, Colorado Springs Criminal, or Colorado Springs Domestic Violence case, give me a call to see how to make the best of a bad situation.

This just in from the Colorado Springs Gazette: Local El Paso County and Colorado Springs Police will conduct a DUI Checkpoint tomorrow night (Friday, July 15, 2011). The original CSPD DUI Checkpoint Press Release can be found here.

I've already espoused my dislike of sobriety checkpoints here. The just reek of "Stop and show us your papers!"

I really think that the resources expended on checkpoints would be better utilized by patrol officers actually patrolling to observe the poor driving that's indicative of impairment. I think our Constitution would appreciate it, too. One thing that is interesting is that our Supreme Court has indicated that a constitutionally permissible checkpoint should be publicized prior to the implementation of the checkpoint so that citizens that wish to avoid the checkpoint can. Why is that interesting? Well, neither of the above press releases tell us where this checkpoint is. Not only that, it would seem that the operational meeting for the checkpoint (another component of a constitutionally permissible checkpoint) isn't occurring until 10 pm of the day of the checkpoint. Hmm. Here's hoping that's a typo in the press release and the police aren't being that disingenuous.

Again, our case law allows DUI checkpoints, but it sets limits to prevent discrimination and abuse of this intimidating law enforcement technique. If you were arrested at a DUI checkpoint, call an experienced Colorado Springs criminal defense attorney to assess whether you were properly detained.

With the Holiday Season rapidly approaching, you can be sure that the Colorado Springs Police Department, El Paso County Sheriff's Office, and Colorado State Patrol will pull out one of their most used (and most controversial) DUI prevention tools: the DUI checkpoint.

As a Colorado Springs DUI defense attorney, I really dislike DUI checkpoints. A checkpoint essentially forces every citizen who drives down a certain road to be stopped and interrogated by the police. I know some people justify this type of law enforcement technique with the "if you aren't doing anything wrong, you don't have anything to hide" rationale. From my perspective, that's just not the point. Our Bill of Rights is predicated on the notion that we should be free from government interference unless we've demonstrated that we have somehow broken the law. A checkpoint flies in the face of that principal: it's essentially a "stop and show us your papers" mentality--no probable cause needed for the police to get into your business.

According to the Colorado Springs Gazette, a recent Colorado Springs DUI checkpoint netted 16 potential drunk drivers. Sounds great, right? The problem though, is that almost 1200 cars (many containing multiple people) were detained for no reason other than trying to get from point A to point B. Assuming just 2 people were in each car, that's 2400 people detained to net 16 potential problem drivers. I'm no math wizard, but that's means that well over 99% of those that drove through the checkpoint were innocent and wrongly detained. When those types of numbers are coupled with studies that show how patrol officers who stop cars for erratic driving behavior are much more effective at finding drunk driver's, the public policy argument to allow checkpoints becomes even weaker.

The US Supreme Court and Colorado Supreme Court allow DUI checkpoints, but they do set parameters to attempt to prevent discrimination and abuse of this intimidating law enforcement technique. If you were detained in a DUI checkpoint and charged into court, call an experience Colorado Springs criminal defense attorney to determine if your rights were violated.