Vehicular Homicide / Manslaughter / DUI Attorney
Denver DUI Attorney
Did you know that you only have about seven days to begin defending yourself against DUI charges in Colorado? That’s right. Your DUI defense is time sensitive and getting a skilled attorney on your side immediately is the best way to protect yourself. DUI cases can be difficult to prove, especially if you have a skilled attorney who knows the right questions to ask, and the right points to push.
In 2013 there were over 28,000 arrests for DUI in Colorado, according to the Department of Justice. Although many know that Colorado does not have a felony DUI law, the laws in 2014 will see a rapid change. With blood-alcohol (BAC) limits dropping, the laws are becoming stricter and stricter, which means you need an experienced attorney for your DUI defense, if you want to see results.
Here are the potential penalties if convicted:
- DWAI 1st Offense―8 points toward license suspension; $200 to $500 fine; up to 180 days in jail; up to 48 hours community service.
- DUI First Offense―License revocation for 9 months; $600 to $1,000 fine; up to 1 year in jail; up to 96 hours community service; alcohol education.
The penalties increase substantially for repeated offenses and you may be required to install an ignition interlock device in your car, which will prevent you from driving if a certain level of alcohol is detected. Overconsumption of alcohol isn’t the only reason you may need a solid DUI defense. Many DUI or DWAI (Driving While Ability Impaired) convictions stem from arrests made due to a driver being under the influence of marijuana, other narcotics and non-prescription drugs.
What you may not know is that hundreds of people are wrongfully convicted of DUI every day in court, for one reason or another. With improper counsel it is easy for you, the defendant, to feel like you have no options but to plead guilty. A proper DUI defense will make you not only aware of your options, but will be able to determine if the evidence against you substantial enough for a conviction.
Don’t be that person forced into a guilty plea by fear and inadequate representation. Ensure you have a credible DUI defense attorney who is dedicated to seeing you get a fair trial.
You might be wondering if you have any grounds to dispute the charges, and depending on the circumstances of your case, you just might. A good DUI defense means a close examination of the arrest procedures and the incidents leading up to the arrest. What were the grounds for the traffic stop in the first place? Were you read your rights? Was a test administer to determine DUI or did the smell of alcohol in general prompt the arrest?
There are many different avenues an attorney can take to defend their client against DUI charges. A DUI conviction can literally alter your life. From the loss of transportation to a permanently marred record, you owe it to yourself to obtain a DUI defense attorney with a history of successfully defending their clients.
Here at Albani law we recognize the extenuating circumstances that can come with a DUI charge. We have 30 years of experience defending clients just like you. Take your DUI defense seriously and act quickly.
A Denver DUI means that you were stopped by a police officer while operating a motor vehicle and your blood alcohol content (BAC) registered as 0.08% or higher. In Denver, a DUI is slightly different from a DWAI, distinguished only by the severity of the punishment.
A Denver DUI means you could be facing up to a year in prison, a $1000 fine, or a 9 month suspension – it’s important to note, however, that these penalties are only for first time offenders. Consecutive offenders face much harsher penalties including a license suspension for as much as two years and fines climbing up to $1500, but jail time is maximized at one year.
There is also a line drawn between permissible BAC for those over 21 and those under 21 when considering a DUI in Denver charge. Since 21 is the legal drinking age, anyone driving a vehicle under the age of 21 with a BAC greater than 0.02% can be arrested. If you refuse to participate in the Breathalyzer test at the time of arrest, you can automatically be subjected to a license suspension, the term of which is dependent upon whether you are a first time offender or not.
Colorado has altered its DUI laws in recent years in order to include minimum mandatory jail time for second and third time offenders. The stricter penalties are in an effort to crack down on impaired driving and deter those who might consider it. For a Denver DUI, a second time offender must serve at least 10 days in jail, while a third time offender (and consecutive offender) is required to serve a minimum of 60 days in jail.
If you avoid going to trial for your offense and are given the option of a plea bargain, there is a chance you can plead guilty to a lesser offense, such as reckless driving, but there is no provision requiring the judge to accept this plea and charge.
It is arguable that between DUI laws and DWAI laws, Colorado has pretty strict impaired driving laws when compared to other states. It is for this reason that getting a Denver DUI, or a DUI anywhere in Colorado, necessitates an experienced attorney. If there is a chance you can negotiate a plea bargain, you’ll certainly want that alternative over going to court. An experienced lawyer will be able to reasonably determine if a plea bargain has a good chance of passing a judge’s approval or not, and if not, will be well equipped to go to trial.
Getting a DUI in Denver can do lasting damage to your permanent record and affect your eligibility for employment in the future, as well as make vehicle insurance much more expensive or difficult to secure. If you’ve been arrested for a DUI, do your research and contact the right lawyer – not just one you happen to know, but one who is experienced in DUI cases.
A Denver DWAI is not the same as a DUI in terms of punishment or requirement – although it is the same crime. The DWAI is what sets Colorado apart from many other states and lends to the state’s reputation for being hard on impaired drivers.
Driving While Ability Impaired (DWAI) targets those operating motor vehicles with a blood alcohol concentration (BAC) of 0.05% but less than 0.08%. Typically, most states enforce laws against those with a BAC of 0.08% or higher, but Colorado has gone one step further by allowing the prosecution of those with a BAC below the average national legal limit.
A Denver DWAI charge can result in up to 180 days in jail and a $500 fine, without any risk of your license being lost or suspended. For consecutive offenders, jail time can spike up to as much as a year, fines can climb as high as $1500 and after the first offense, loss of license for up to two years is possible. For both DUI and DWAI multiple offenders, ignition interlock devices (IID) are required.
An IID makes the driver submit to a Breathalyzer test each time they get behind the wheel of their car, no matter what time of day. If your BAC is too high the IID will prevent you from operating your vehicle and even lock you out of operating your vehicle for a predetermined amount of time.
The Express Consent Law in Colorado means that as a person operating a motor vehicle in Colorado, you inherently provide your consent to submit to chemical testing to establish your fitness to operate a vehicle. Should you refuse these tests at the scene or after arrest, you will lose your license for up to a year.
Consecutive offenses featuring consecutive refusals of testing will result in prolonged loss of license for as much as three years, with an IID eligibility after a period of 1-2 years of suspension (depending on number of offenses). In short, it is much better for you to submit to testing in the event of a Denver DWAI, then it is to resist. Despite test results, your lawyer may be able to negotiate a plea bargain for a lesser charge.
Colorado is known for its strict point-of-view on impaired driving, which makes being arrested for a Denver DWAI or DUI, serious business. Your best course of action is always to hire an experienced and qualified attorney who is well-versed in Colorado DUI law.
Considering the potential punishments that come with a Denver DWAI charge, you’ll want to put yourself in capable hands. Although you won’t get off completely, there is a chance that you can get fines and jail time reduced to a minimum, which is in the best interest of first-time offenders and certainly repeat offenders.
Driving while impaired is illegal, we all know this, but did you know there are many definitions of what it means to be impaired? Many believe it is a direct reference to alcohol, but the truth is your driving can be impaired if you are tired or even if you are using legally prescribed medication that affects your ability to operate a vehicle effectively. A Denver DUID (Driving Under the influence of Drugs), means you were arrested because your driving ability was impaired by the use of drugs (legal or illicit).
It’s important to note that just because the drugs you were using were obtained legally (from medical marijuana to prescription pain killers) does not mean you can use that as an excuse or as a reasonable defense for your choices.
Many prescription drugs that impair your cognitive or physical abilities, as well as those that cause drowsiness (think of allergy medications and sleeping pills) clearly state on their labels that you are not to operate a motor vehicle while using the drug. If you choose to do so anyway, you cannot very well use the fact that the drug was obtained legally as a defense. For Denver DUID’s of this nature, you need an attorney with ample experience in DUI, DWAI and DUID defenses.
The state of Colorado permits sobriety check stops, which can be set-up in random locations at random times to screen drivers without notice. Check stops are an effective way of identifying impaired drivers and often lead to the issuing of many Denver DUID charges. Check stops may also result in fines or charges being laid for other driving offenses, including not using a seatbelt or operating an unsafe vehicle.
Driving Under the Influence of Drugs cases will see a significant increase, post-2012, as the passage of new laws regarding possession and the use of smaller amount do marijuana in Colorado. This will also result in various changes to the investigation process of Denver DUID’s and their prosecution.
As the laws change, the protocols have to too, so we can expect to see an evolving process and system over the next few years. What works in favor of the accused, however, is the difficulty inherent in proving a DUID has occurred. Where a BAC test can be easily administered at the scene in just a few minutes, determining drug use often requires blood-testing, which is a much more lengthy and expensive process.
Depending on how the laws and methods evolve in the near future, a charge of a Denver DUID can prove a challenge for a District Attorney to prove. Does this mean DUID charges will be infrequent? Likely not. If a person is obviously impaired but not registering corresponding BAC levels at the scene, officers will have no choice but to assume drugs and issue a DUID charge/arrest, and investigate further with testing.
Although the Denver DUID laws are still in a fledgling stage, there are some well-equipped attorneys who can handle this sort of case, whether it goes to trial or a plea bargain.
Texting While Driving
Distracting driving laws are in vogue all across North America, but they are not a passing fad. As technology’s reach continues to increase, so will the laws governing it, particularly where driving is concerned.
While literally billions of text messages and phone calls are made each day in the United States, it’s no shock to learn that almost nine people die each day in accidents involving a distracted driver, and over 1000 injuries occur. Texting while driving is largely outlawed across the entire country.
Although distracted driving as an offense isn’t strictly contained to the use of cell phones, it can also involve any distraction that takes your hands off the wheel or focus off the road – eating is included in this.
Texting while driving typically interferes with a driver’s cognitive ability to focus on the road, as well as their physical ability to operate the vehicle. Hands-free cellular devices are permitted in many states, but not all. In Colorado, for instance, novice drivers are not permitted to use a phone in any capacity, regardless of whether it is hands-free or not.
Luckily, Colorado doesn’t make the list of ‘worst states for distracted drivers,” but that’s not to say it isn’t a problem here. Most states have enacted modest fines, ranging from $20 for a first-time offense in California to upwards for $150 in other areas. The good news is that the texting while driving numbers are largely down across the board, as well as cell phone use in general.
While you aren’t going to face a jury for texting while driving alone, if your distracted driving results in a car accident or a fatality of another driver or pedestrian, things could change in a heartbeat. A potentially simple distracted driving ticket could turn into a reckless driving or even manslaughter charge in the blink of an eye. It’s hard to believe that eating a burger behind the wheel or sending an email could result in you completing some serious jail time, but it happens. Of course the best way to handle this is to not drive with any distractions at all.
If your bad habits are habitually getting you in trouble with the police, and you have a stack of tickets piling up, it’s probably a good time to reconsider your driving methods – and your reliance on your cell phone. If you are in a much more serious situation, where your emailing or texting while driving has resulted in a car accident, call your lawyer immediately.
An accident of this nature can have some big implications for you and your future ability to drive. It will impact your insurability and likely land you with a criminal record. Given the frequency in which distracted driving has impacted national driving statistics and fatality reports, it’s clear that this is no laughing matter.
Reckless driving is the reason for many fatalities on the road each year – and not just of drivers, but of passengers and pedestrians as well. Driving a vehicle while impaired which results in the injury or death of another person is considered either vehicular assault or vehicular homicide (when a fatality occurs).
Essentially, any inappropriate use of a vehicle that results in injuries to others is vehicular assault. These charges can be laid if an injury is caused while you are eating behind the wheel, you fall asleep at the wheel, you’re intoxicated, have been using legal or illegal drugs, or disobey the rules of the road (run red lights, roll through stop signs or perform unsafe lane changes). There is also the obvious instance of intentionally injuring another with your vehicle.
As of 2014, some new changes in legal legislation have been proposed in the state of Colorado regarding vehicular assault.
“Under current law, a person can be convicted of vehicular assault or vehicular homicide by proving either that the driver was engaged in reckless or negligent behavior, or that the driver was alcohol-impaired or under the influence of alcohol or drugs when the injury or death was caused. Vehicular assault is considered a class 5 felony.
This new proposed bill (House Bill 14-1158) would require the imposition of a mandatory prison term in any case where the driver was found guilty under the drug or alcohol provisions. If passed into law, the bill would mean that anyone convicted of a vehicular assault involving a DUI, DWAI or DUID would be sentenced to at least two years in prison.” ~ Colorado State Government
On top of this, the two year sentence for vehicular assault would be considered mandatory, regardless of what the District Attorney or Judge might otherwise desire. This article from the Denver Post explains some interesting inconsistencies in the Colorado Laws that are likely partially responsible for influencing the creation of this new Bill.
Vehicular assault is a serious offense and includes hit and runs. While it is morally unethical to flee the scene where a person has been injured due to a motor vehicle, it happens all the time. Fleeing the scene provides no guarantee that you will not be caught and it prevents you from discovering the severity of the victim’s injuries. If the victim succumbs to their injuries it is deemed a vehicular homicide – fleeing from the scene can only make your circumstance worse.
If you find yourself facing charges of vehicular assault, contact your lawyer as soon as possible. If the situation involves a DUI or DWAI as well, you’ll want your case managed by someone you can trust will do their best to protect your rights in court.
Car accidents are a daily occurrence in Colorado, and can happen to almost anybody. Sometimes these accidents result in the death of another person. Even if the death was the result of a mistake or accident, it is still possible to be charged with a criminal vehicular offense, including vehicular manslaughter or vehicular homicide. The penalties for a conviction for vehicular homicide or vehicular manslaughter can be severe and result in prison sentences and/or fines.
Colorado considers motor vehicles, cars, boats, vessels, public vessels, snowmobiles, and all terrain vehicles to be vehicles for the purposes of charging vehicular manslaughter or homicide.
It is important to hire an experienced criminal defense attorney to represent your best interests when charged with a driving offense, including vehicular manslaughter and vehicular homicide
Many states divide manslaughter into voluntary manslaughter, a killing during a hear of passion, and involuntary manslaughter , which are accidental killings. Unlike many states, Colorado does not do this. Instead, voluntary manslaughter is considered second degree murder with a reduced penalty.
Colorado Revises Statues Section 18-3-103 – Murder in the second degree, but with voluntary manslaughter provision :
A person commits the crime of murder in the second degree if the person knowingly causes the death of a person. (1)
Diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree. (2)
Deleted by (2.5) 12, eff. July 1, 1996. Laws 1996, H.B.96-1087, §
Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony. (3)(a)
Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony. (b)
A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of (4) section 18-1.3-406.
– See more at: http://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-103.html#sthash.mUYZhm3V.dpuf
Colorado Revised States Section 18-3-104 (manslaughter)
A person commits the crime of manslaughter if: (1)
Such person recklessly causes the death of another person; or (a)
Such person intentionally causes or aids another person to commit suicide. (b)
Deleted by (c) 13, eff. July 1, 1996. Laws 1996, H.B.96-1087, §
Manslaughter is a class 4 felony. (2)
This section shall not apply to a person, including a proxy decision-maker as such person is described in (3) section 15-18.5-103, C.R.S., who complies with any advance medical directive in accordance with the provisions of title 15, C.R.S., including a medical durable power of attorney, a living will, or a cardiopulmonary resuscitation (CPR) directive.
This section shall not apply to a medical caregiver with prescriptive authority or authority to administer medication who prescribes or administers medication for palliative care to a terminally ill patient with the consent of the terminally ill patient or his or her agent. (4)(a)
For purposes of this subsection (4): (b)
“ (I)Agent” means a person appointed to represent the interests of the terminally ill patient by a medical power of attorney, power of attorney, health care proxy, or any other similar statutory or regular procedure used for designation of such person.
“ (II)Medical caregiver” means a physician, registered nurse, nurse practitioner, physician assistant, or anesthesiologist assistant licensed by this state.
“ (III)Palliative care” means medical care and treatment provided by a licensed medical caregiver to a patient with an advanced chronic or terminal illness whose condition may not be responsive to curative treatment and who is, therefore, receiving treatment that relieves pain and suffering and supports the best possible quality of his or her life.
Paragraph (a) of this subsection (4) shall not be interpreted to permit a medical caregiver to assist in the suicide of the patient. (c)
– See more at: http://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-104.html#sthash.EXlsHz8f.dpuf
Colorado Revised Statues Section 18-3-105 (Criminally Negligent Homicide) N
Any person who causes the death of another person by conduct amounting to criminal negligence commits criminally negligent homicide which is a class 5 felony.
Colorado Revised Statues Section 18-3-106
If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. (1)(a)
This is a strict liability crime. If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide. (b)(I)
For the purposes of this subsection (1), one or more drugs means any drug, as defined in (II) section 27-80-203(13), C.R.S., any controlled substance, as defined in section 18-18-102(5), and any inhaled glue, aerosol, or other toxic vapor or vapors, as defined in section 18-18-412.
The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state shall not constitute a defense against any charge of violating this subsection (1). (III)
“ (IV)Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
Vehicular homicide, in violation of paragraph (b) of this subsection (1), is a class 3 felony. Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony. (c)
In any prosecution for a violation of subsection (1) of this section, the amount of alcohol in the defendant’s blood or breath at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by analysis of the defendant’s blood or breath, gives rise to the following: (2)
If there was at such time 0.05 or less grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.05 or less grams of alcohol per two hundred ten liters of breath, it shall be presumed that the defendant was not under the influence of alcohol. (a)
If there was at such time in excess of 0.05 but less than 0.08 grams of alcohol per one hundred milliliters of blood, or if there was at such time in excess of 0.05 but less than 0.08 grams of alcohol per two hundred ten liters of breath, such fact may be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol. (b)
If there was at such time 0.08 or more grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.08 or more grams of alcohol per two hundred ten liters of breath, such fact gives rise to the permissible inference that the defendant was under the influence of alcohol. (c)
If at such time the driver’s blood contained five nanograms or more of delta 9-tetrahydrocannabinol per milliliter in whole blood, as shown by analysis of the defendant’s blood, such fact gives rise to a permissible inference that the defendant was under the influence of one or more drugs. (d)
The limitations of subsection (2) of this section shall not be construed as limiting the introduction, reception, or consideration of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of alcohol. (3)
If any person refuses to take or complete, or cooperate in the taking or completing of any test or tests required by this paragraph (a), the person shall be subject to license revocation pursuant to the provisions of If the person refuses to take, or to complete, or to cooperate in the completing of any test or tests, the test or tests may be performed at the direction of a law enforcement officer having probable cause, without the person’s authorization or consent. The type of test or tests shall be determined by the law enforcement officer requiring the test or tests. If a law enforcement officer has probable cause to believe that any person was driving a motor vehicle in violation of paragraph (b) of subsection (1) of this section, the person, upon the request of the law enforcement officer, shall take, and complete, and cooperate in the completing of any test or tests of the person’s blood, breath, saliva, or urine for the purpose of determining the alcoholic or drug content within his or her system. (4)(a) section 42-2-126(3), C.R.SWhen the test or tests show that the amount of alcohol in a person’s blood was in violation of the limits provided for in . section 42-2-126(3)(a), (3)(b), (3)(d), or (3)(e), C.R.S., the person shall be subject to license revocation pursuant to the provisions of section 42-2-126, C.R.S.
If such person does not cooperate with the person, hospital, clinic, or association authorized to obtain such specimens, including the signing of any release or consent forms, such noncooperation shall be considered a refusal to submit to testing. Any person who is required to submit to testing shall cooperate with the person authorized to obtain specimens of his blood, breath, saliva, or urine, including the signing of any release or consent forms required by any person, hospital, clinic, or association authorized to obtain such specimens. (b)
A sufficient evidentiary foundation concerning the compliance of such kits with the rules and regulations of the department of public health and environment shall be established by the introduction of a copy of the manufacturer’s or supplier’s certificate of compliance with such rules and regulations if such certificate specifies the contents, sterility, chemical makeup, and amounts of chemicals contained in such kit. It shall not be a prerequisite to the admissibility of test results at trial that the prosecution present testimony concerning the composition of any kit used to obtain blood, urine, saliva, or breath specimens. In all other circumstances, failure to strictly comply with such rules and regulations shall only be considered in the weight to be given to the test results and not to the admissibility of such test results. Strict compliance with such rules and regulations shall not be a prerequisite to the admissibility of test results at trial unless the court finds that the extent of noncompliance with a board of health rule has so impaired the validity and reliability of the testing method and the test results as to render the evidence inadmissible. The tests shall be administered at the direction of a law enforcement officer having probable cause to believe that the person committed a violation of subparagraph (I) of paragraph (b) of subsection (1) of this section and in accordance with rules and regulations prescribed by the state board of health concerning the health of the person being tested and the accuracy of such testing. (c)
No civil liability shall attach to any person authorized to obtain blood, breath, saliva, or urine specimens or to any hospital, clinic, or association in or for which such specimens are obtained pursuant to this subsection (4) as a result of the act of obtaining the specimens from a person if the specimens were obtained according to the rules prescribed by the state board of health; except that such provision does not relieve the person from liability for negligence in obtaining any specimen sample. In a trial for a violation of paragraph (b) of subsection (1) of this section, testimony of a law enforcement officer that he or she witnessed the taking of a blood specimen by a person who he or she reasonably believed was authorized to withdraw blood specimens is sufficient evidence that the person was authorized, and testimony from the person who obtained the blood specimens concerning the person’s authorization to obtain blood specimens is not a prerequisite to the admissibility of test results concerning the blood specimens obtained. No person except a physician, a registered nurse, a paramedic as certified in part 2 of article 3.5 of title 25, C.R.S., an emergency medical service provider as defined in part 1 of article 3.5 of title 25, C.R.S., or a person whose normal duties include withdrawing blood samples under the supervision of a physician or registered nurse is entitled to withdraw blood for the purpose of determining the alcoholic or drug content of the blood for purposes of this section. (d)
Such test results shall not be considered privileged communications and the provisions of If a test cannot be administered to a person who is unconscious, hospitalized, or undergoing medical treatment because the test would endanger the person’s life or health, the law enforcement agency shall be allowed to test any blood, urine, or saliva which was obtained and not utilized by a health care provider and shall have access to that portion of the analysis and results of any tests administered by such provider which shows the alcohol or drug content of the person’s blood or any drug content within his system. Any person who is dead or unconscious shall be tested to determine the alcohol or drug content of his blood or any drug content of his system as provided in this subsection (4). (e) section 13-90-107, C.R.SSuch information obtained shall be made a part of the accident report. Any person who is dead, in addition to the tests prescribed, shall also have his blood checked for carbon monoxide content and for the presence of drugs, as prescribed by the department of public health and environment. ., relating to the physician-patient privilege shall not apply.
If a person refuses to take, or to complete, or to cooperate in the completing of any test or tests as provided in this subsection (4) and such person subsequently stands trial for a violation of subsection (1)(b) of this section, the refusal to take or to complete, or to cooperate with the completing of any test or tests shall be admissible into evidence at the trial, and a person may not claim the privilege against self-incrimination with regard (f) to the admission of his refusal to take, or to complete, or to cooperate with the completing of any test or tests.
Notwithstanding any provision in (g) section 42-4-1301.1, C.R.S., concerning requirements which relate to the manner in which tests are administered, the test or tests taken pursuant to the provisions of this section may be used for the purposes of driver’s license revocation proceedings under section 42-2-126, C.R.S., and for the purposes of prosecutions for violations of section 42-4-1301(1) or (2), C.R.S.
Nothing in this subsection (5) shall preclude a defendant from offering evidence concerning the accuracy of testing devices. This subsection (5) shall not prevent the necessity of establishing during a trial that the testing devices used were working properly and that such testing devices were properly operated. In all actions, suits, and judicial proceedings in any court of this state concerning alcohol-related or drug-related traffic offenses, the court shall take judicial notice of methods of testing a person’s alcohol or drug level and of the design and operation of devices, as certified by the department of public health and environment, for testing a person’s blood, breath, saliva, or urine to determine his alcohol or drug level. (5)
– See more at: http://codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-106.html#sthash.1Hkqvqls.dpuf
CRIMES AND PENALTIES (these could be the what are or what is…)
Second Degree Murder/Voluntary Manslaughter: Causing the death of another person in a sudden hear of passion. This is a class 3 felony punishable by up to 12 years imprisonment, and up to $750k+ in fines.
Manslaughter: Recklessly causing the death of another person or intentionally causing or aiding another person to commit suicide. This is a Class 4 Felony punishable up to 6 years imprisonment and $500K+ in fines.
Criminally Negligent Homicide: Causing the death of another person by conduct that is criminally negligent. This is usually a Class 5 Felony punishable by up to 3 years imprisonment and up to $100K+ in fines
Vehicular Homicide: Causing another person’s death through reckless driving. Driving under the influence of alcohol or drugs and causing someone’s death is a “strict liability” crime, meaning no intent or harm or state of mind is required. This is typically a Class 4 Felony, for driving recklessly, but is increased to a class 3 felony when alcohol or drugs are involved. A person is presumed to be or not be under the influence on their Blood Alcohol concentration (BAC) as follows:
– .05 or less: the defendant is presumed to not be under the influence.
– .05-.08: This is not determinative but can be used as evidence to be considered.
– .08 or Higher: The defendant is presumed to be under the influence.
Peter Albani Law, LLC handles all Vehicular Homicide, DUI, Vehicular Manslaughter cases and crimes. Mr. Albani has a statewide practice. He routinely defends these charges in Denver, Arapahoe County, Douglas County, Jefferson County, Adams County. Broomfield County, Boulder, County, El Paso County, and Elbert County. Mr. Albani knows the Court systems and the prosecutors. Mr. Albani knows the ins and outs of these types of cases.
If you are charged with a vehicular homicide, DUI, Vehicular Manslaughter charge, you need an attorney who can immediately begin working to defend your case. At Albani Law LLC, Mr. Albani has worked with investigators, lab experts and more to fight these charges. If you want this level of representation and commitment, then call (303) 753-0900 and ask to speak with Peter Albani, Attorney. We can start helping immediately.