On May 25th, 2010, Governor Bill Ritter signed into law new legislation requiring tougher penalties in DUI (Driving Under the Influence) or DWAI (Driving While Ability Imparied) cases. The text of HB10-1347 can be found here: http://www.leg.state.co.us/CLICS/CLICS2010A/csl.nsf/fsbillcont3/0AA564A18087D71A872576A80027B60C?Open&file=1347_eng.pdf
The new law will go into effect July 1, 2010. The most notable provisions in the new law require tougher penalties for repeat DUI or DWAI offenders. First, if a person is convicted of a second DUI or DWAI within five years of their first offense they will be required to serve a mandatory minimum of 10 days in jail and they will not be eligible for “earned time, good time, or trusty prisoner status..”. A person will, however, receive credit for any time served prior to the conviction. Anyone convicted of a second offense within 5 years will still be eligible for a work/school release term of confinement, but will not be eligible for in home detention.
Second, persons convicted of a third or greater offense of either DUI or DWAI will now be required to serve a mandatory minimum of sixty days in jail. They will also not be eligible for any good time, earned time, or trusty status during their term of confinement. Work/School release is still a possibility if the county in which they are sentenced offers such programs. Repeat offenders who are being sentenced for third or greater offense will also not be eligible for in home detention.
For all repeat offenders the minimum term of probation must be at least two years. If a person has completed all terms of their probation including their drug and/or alcohol treatment and community service they may petition the Court for early termination of their probation. This may be done by motion of the District Attorney, Probation Officer, Defense Counsel or the offender.
The law also allows for the Court to require an interlock ignition device on an offender’s vehicle. The requirement of an interlock device has been common practice through the DMV for repeat offenders and for early reinstatement for first offenders.
Josh McDowell is a defense lawyer, misdemeanor & DUI Lawyer with McDowell Laybourne & Rodemer. Mr. McDowell is also a Colorado Springs Car Accident Attorney with a personal injury practice including work on truck & bicycle accidents.
On December 1st, 2009 Governor Ritter of Colorado signed into law a bill criminalizing text messaging while driving. The new law will make texting and driving a Class A driving infraction.
The Denver Post Article is linked below:
http://www.denverpost.com/ci_12498806 The new law, which will be Colorado State Statute 42-4-239, prohibits use of cellphones for drivers under 18 years of age, and texting for any drivers. The texting language is below: A person eighteen years of age or older shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry or transmission while operating a motor vehicle.
The law also states that no one under the age of eighteen (18) shall use a cell phone while driving: An operator of a motor vehicle shall no be cited for a violation of subsection (3) of this section unless the operator was eighteen years of age of older and a law enforcement officer saw the operator use a wireless telephone for the purpose of purpose of engaging in text messaging or other similar forms of manual data entry or transmission. (7) The provisions of this section shall not be construed to authorize the seizure and forfeiture of a wireless telephone, unless otherwise provided by law. (8) This section does not restrict operation of an amateur radio station by a person who holds a valid amateur radio operation license issued by the Federal Communications Commission.
The entire statute is here: http://www.leg.state.co.us/clics/clics2009a/csl.nsf/fsbillcont3/349F9CCA2B83CD5087257537001A2BB0?open&file=1094_enr.pdf
The fines and surcharges for violating this statute are:
$ 50.00 Fine Plus a $6.00 Surcharge for a First Offense $100.00 Fine Plus a $6.00 Surcharge for a Second Offense
Joshua McDowell is a Colorado Springs Attorney practicing in DUI, domestic violenceand personal injury matters. As a Colorado Springs Personal Injury lawyer his firm handles car accidents, slip and falls, and other injury matters.
