By H. Michael Steinberg Colorado DUI Criminal Defense Lawyer
Other than an immediate and complete dismissal of a case, a Colorado deferred judgment and sentence (DJ and S) plea bargain is the gold standard for all plea bargains. The only superior plea bargain offer that exists, a diversion offer, is rarely offered in a Colorado criminal cases.
By H. Michael Steinberg Colorado DUI Criminal Defense Lawyer
In a very recent decision by the Colorado Supreme Court, Linnebur v. Colorado, the Court decided that to prove a Felony DUI, which requires at least evidence of three prior DUI or DWAI convictions, those “priors” must be proven beyond a reasonable doubt to a jury.
By H. Michael Steinberg Colorado Criminal Defense Lawyer
Colorado Law actually, without a conviction and in the face of the presumption of innocence, forces a judge – as a matter of the judge’s pretrial authority – to order – as a condition of release on bond – that the individual accused of a second or subsequent Colorado Alcohol or Drug-related driving offense such as DWAI, DUI or DUID,
The Charge of Vehicular Homicide – Manslaughter
The most devastating charge facing an individual who has made the unfortunate decision to drink and drive – is the charge of vehicular homicide. Colorado courts punish this crime much more harshly than several decades ago when I first starting prosecuting these cases. Back then – in the 1980’s and 1990’s – probation – possibly some jail and alcohol treatment of course was the “standard sentence.”
Today the sentence is much more harsh. It may be a sentence to probation with jail – usually the maximum of 2 years with work release authorized. Or more typically – in the more aggravated cases – it is a sentence to prison.
Colorado DUI – Sleeping In Your Car
by Colorado DUI – DWAI Criminal Defense Lawyer – H. Michael Steinberg
There is a key case decided by the Colorado Supreme Court which reaffirmed a rule of law – specific to Colorado and a few other states. The case, Tate v People, held that the police to charge a citizen with a DUI for sleeping in a parked car in a private parking lot.
As an ex Career DA and now as a Colorado criminal defense lawyer, I have been aware for more than 42 years of a loophole in the criminal law of Colorado that actually created an incentive for drunk drivers to flee the scene of car accidents.
That loophole has now been closed.
With the passage of House Bill 1084 – signed by the Governor on June 6, 2012 – the new law increases the possible penalties for leaving the scene of a serious bodily injury crash from a class 5 felony to a class 4 making it equivalent to possible penalties for drunk driving.
End the Incentive to Flee
The old Colorado law gave drunk drivers, especially repeat offenders, an incentive to not stop at the scene of a crash and call for help of injured people. It benefited drunk drivers with a lesser range of penalties for fleeing the scene and trying to hide out until they are sober. The consequence of this loophole at times might mean the life or death of someone needing immediate medical attention at the scene of a crash.
H. Michael’s Take:
Defending The Hit and Run Case In Colorado
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