Colorado Springs Criminal Attorney Blog

Yesterday, this Colorado Springs Criminal Defense Attorney (me!) wrote a blog about the many medical marijuana happenings in Colorado Springs and the State of Colorado. In July 2011, the Colorado Springs Gazette reported that the City was about to take in $745,000 in medical marijuana dispensary application and licensing fees, excluding sales tax revenue.

Well, the sales tax estimates were just reported today. According to the Gazette, the City brought in $710,000 in sales tax revenue from medical marijuana sales. While I'm no math wizard, it would appear that in 2011 the City's revenues were increased by $1.455 million dollars from the sale of medical marijuana. For a cash strapped municipality, that's a LOT of green (pun intended).

With freedom comes responsibility, or so I've been told. Sometimes, however, people can make mistakes--like driving under the influence of marijuana or allowing someone else to use his medical marijuana. Those mistakes are actually crimes. Not the crimes of the century, but crimes nonetheless, and with the heightened scrutiny our local DA's office is giving marijuana cases, those crimes can carry big punishments. Like loss of driving privileges, jail time, felony convictions, and huge fines. So be careful and wise out there my friends.

If you do get in trouble, give me a call. Let's see how we can make the best of a bad situation.

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.

Hello everyone! Today is St. Patrick's Day. Luck o' the Irish to ya. I've also got a couple of updates for you as well.

As with every "party" holiday, there is sure to be a lot of drinking tonight. The best way to stay out of trouble if you go out is to take it easy, stay in control and don't drive! The Colorado Springs Police and El Paso County Sheriff's are out there using "saturation patrols" and DUI checkpoints to search for impaired drivers. A DUI saturation patrol is simply flooding an area to patrol for driving behavior indicative of impairment (weaving, slow driving, not responding to traffic control devices, etc.). So, be careful, be smart, and be safe.

In other news, the THC (marijuana) DUI bill has gone through first reading at the Capitol. Looks like this one is going to be law, my friends. Here's an update about it from the Colorado Independent. It's a pretty decent explanation of the issues. I, for one, believe the focus on "legal limits" really detracts from the real issue of DUI cases--dangerous driving. I posted a blog a while back that linked to an article that suggests we should really look at how impaired a driver is instead of what their "level" is when imposing sanctions. Studies have shown (but I don't have time right now so I'm not going to link to them) that using a cell phone is while driving is as dangerous as driving at a .08 BAC for most people. I guess that would hold true for 5 ng of THC in your blood too. Wouldn't it be better just to focus on whether someone is actually driving poorly? Or am I just a jaded Colorado Springs defense attorney :-)?!

Be safe out there tonight, my friends!

Last month, I posted about Colorado pressing forward with per se DUI limits for THC in blood. Essentially, this means that if you have a certain level of nanograms of THC per milliliter of blood, Colorado law will presume that you are impaired. Well, according to the Aspen Times, it looks like Colorado is one step closer to a 5 ng reality.

I can't really tell from the article what the minutia of the bill looks like--whether the "limit" will follow the Colorado Driving While Ability Impaired (DWAI) presumption or whether it will follow the Driving Under the Influence (DUI) scheme, along with the DUI and DMV consequences. And while this law would appear on it's face to not be targeting medical marijuana users, it's interesting to note that Colorado already has a driving under the influence of drugs charge that is built around the "totality" of the circumstances that of which the article speaks. It's also common to have testimony about THC levels in blood and what equals impairment or intoxication. It's also interesting to note that Colorado Springs Representative Waller has come out (along with El Paso County District Attorney Dan May) against MMJ.

So why the push for "limits"? It might just be that without them, DA's are having a hard time making a case based on actual driving behavior that the driver's ability to drive is compromised. And the cynic in me thinks our elected officials may be trying to get some "tough on crime" good press.

If you have been cited for a Colorado Springs DUI, make sure you call a good Colorado Springs criminal defense attorney to talk about your case.

It's been awhile since I've posted. Holidays and vacations and such.

This news story from the Denver Post about Colorado setting "per se" marijuana blood levels shook me from my holiday laziness because it's important in both the medical marijuana areas as wells as for Driving Under the Influence of Drugs charges.

Colorado (and the nation) has long set blood alcohol levels for "safe driving." First, they were set at .15, then .10, and now .08 for being under the influence. Colorado also has a .05 impaired law. The proposed "per se" limits for marijuana would be similar to the alcohol limits. They essentially would mean that a jury or judge could consider you impaired by the drug--even if you don't exhibit any physical manifestations of impairment. All the judge or jury would need to convict is a certain level of active THC in your blood stream, and the burden effectively shifts to you to show you aren't high at the time you are driving.

Currently, Colorado law doesn't require a DMV revocation just for having a certain level of THC in a driver's system as long as a driver isn't convicted of DUI. That could very well change if "per se" limits are set for marijuana use and driving, meaning THC impaired driving would be treated just like alcohol impaired driving.

There doesn't appear to be a consensus on the "level" and what a level indicates--it also doesn't appear that impairment levels have been scientifically validated like those for alcohol. Jessica Corry, a Denver attorney, recently had an article on the Huffington Post about the problems "per se" levels could cause. What will these levels ultimately mean for mmj and recreational users: a lot more risk, regulations, and prosecutions.

If you have any questions about marijuana levels and driving, don't hesitate to call a Colorado Springs Criminal Defense Attorney for advice!

In 2000, Colorado passed Amendment 20. Amendment 20 changed the Colorado Constitution affording Colorado Citizens access to medical marijuana (MMJ). Not much happened in the first eight years from the passage of the Amendment, but when the Obama administration took office and changed the DEA's policies regarding federal marijuana law enforcement a new industry was born.

This blog is not about the burgeoning Colorado Springs Medical Marijuana business. It isn't even about Colorado Springs Driving Under the Influence of Drugs (DUID) charges arising out of MMJ use (that's a much longer blog). It is about the unintended consequences of obtaining a medical marijuana card, being able to legally possess MMJ in Colorado, and the risks you take when you leave the State of Colorado--especially in a vehicle. You should call a Colorado Springs Medical Marijuana lawyer or DUI lawyer to assess those risks before they become problems.

Geography lesson--the State immediately to the west of Colorado is Utah. Utah is not commonly known for its tolerance of intoxicants, legal or otherwise. In fact, Utah has even passed a DUI law that essentially allows the State of Utah to convict a driver of DUI even if the driver isn't impaired and there isn't any active drug metabolite in the driver's blood system! This law is called "Driving with a measurable controlled substance/non-impaired DUI."

Geography lesson #2. The closest IKEA to Colorado is in Utah (until the Denver IKEA opens).

So what happens when a completely sober and stylish Colorado resident who holds a MMJ card and drives a stylish car with Colorado plates drives to Utah to get some stylish, yet inexpensive, Scandinavian furniture from IKEA and gets stopped for speeding? That's right, he gets a DUI that potentially revokes his driver's license in Colorado for an offense that doesn't even exist in Colorado!

Moral of the story: make sure you know the consequences of traveling with your MMJ card, or even admitting you use MMJ, outside of the State of Colorado.