Tag: drunk driving
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Colorado Springs man accused of driving drunk into the Arkansas River
Facebook Twitter WhatsApp SMS Email Print Copy article link Save A Colorado Springs man was arrested after allegedly driving a UTV into the Arkansas River with another person inside while under the influence, according to the Chaffee County Sheriff’s Office. The UTV was found partially submerged by deputies around 1 p.m. Sunday near Ruby Mountain…
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Colorado justices to decide whether decades-old constitutional violation affects man’s 2021 conviction
The Colorado Supreme Court announced on Tuesday it will determine whether an alleged violation of a man’s constitutional right to counsel more than 30 years ago has any bearing on his 2021 drunk driving conviction. At least three of the court’s seven members must agree to hear an appeal. Under Colorado law, driving under the influence…
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Colorado Supreme Court tosses Boulder DA’s appeal for failure to follow procedure
Although the Colorado Supreme Court indicated earlier this year that it might intervene in an ongoing Boulder County prosecution implicating a key 2020 police reform law, the justices reversed course last week after realizing the district attorney’s office neglected to follow the correct appellate procedure. Originally, the prosecution sought the Supreme Court’s immediate guidance on…
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Second federal judge refuses to dismiss lawsuit against Fort Collins for officer’s wrongful DUI arrests
A second federal judge on Tuesday refused to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Carl Sever is one of several arrestees who filed suit over their encounters with Jason Haferman, the former “DUI officer” for…
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Colorado Supreme Court to hear medical malpractice appeal, signals interest in DUI case
The Colorado Supreme Court announced on Monday it will review whether the longstanding provision in state law generally capping medical malpractice awards to plaintiffs also applies to the interest accrued from the time of the plaintiff’s injury, without exception. At least three of the court’s seven members must agree to hear a case on appeal.…
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Colorado Supreme Court overrules itself on felony DUI, makes it harder for defendants to challenge convictions
The Colorado Supreme Court took the unusual step on Monday of partially overruling its own landmark decision from less than four years ago, concluding drunk drivers who were not tried in accordance with state law are not entitled to automatic reversal of their convictions. The court’s majority also clarified that when settled law changes during…
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Appeals court says name, birthdate, ‘Caucasian male’ not descriptive enough to prove prior offenses
Colorado’s second-highest court last week clarified that a defendant’s name, date of birth and description as a “Caucasian male” did not combine to prove beyond a reasonable doubt that he was the same person who had three prior drunk driving convictions. An Arapahoe County jury convicted Dennis Herold in 2022 of felony driving under the…
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Federal judge refuses to dismiss Fort Collins from another lawsuit involving officer’s wrongful arrests
For the second time in under a month, a federal judge has declined to dismiss Fort Collins from a lawsuit alleging the city’s own failures contributed to a police officer’s repeated wrongful arrests of motorists who were not actually intoxicated. Cody Erbacher is one of several arrestees who filed suit over their encounters with Jason…
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Appeals court rejects use of 86-year-old SCOTUS decision to challenge DUI conviction
Rejecting a creative argument from a man convicted of driving under the influence, Colorado’s second-highest court on Thursday concluded a line from an 86-year-old U.S. Supreme Court decision did not call into question the legitimacy of the defendant’s prior DUI offenses. The Sixth Amendment guarantees the assistance of counsel for criminal defendants. Most famously, the…