DUI cases involve evidence that was gathered by either law enforcement, the prosecutor, or both. The reason they gather this evidence is to try to convict you—they are looking for solid proof that you were intoxicated. Sometimes, however, the evidence shows the opposite: it suggests that you were sober, or not driving, or otherwise undermines the case against you. No matter what the evidence shows, however, the government must preserve it. They cannot throw out, destroy, “lose” or otherwise allow evidence to become unavailable. If they do, your lawyer can file a motion known as a Trombetta-Youngblood motion.
The purpose of a Trombetta-Youngblood motion is simple: it is a formal request asking the judge to dismiss the case because evidence that may have helped you was destroyed. In some cases, it could mean walking away from a DUI with no charges. Why is it called a “Trombetta-Youngblood” motion? The motion originated with a landmark Supreme Court case where an innocent man named Larry Youngblood was wrongfully convicted for a crime he didn’t commit. He was arrested in 1985 for supposedly kidnapping and sexually assaulting a child. The child said the man who assaulted him had a scarred right eye; Youngblood had a bad left eye. Nonetheless, Youngblood was arrested. Meanwhile, police had taken a semen sample from the assaulted boy and his clothing, which could have been used to tell for sure whether Youngblood was the man who assaulted him. The sample and clothing were stored wrong, and became unusable for DNA testing. Despite this lack of proof, Larry Youngblood was wrongly convicted and sent to prison. But Youngblood and his lawyers appealed the conviction. They claimed that the degradation of the DNA evidence deprived Youngblood of his right to a fair trial. His case, Arizona v. Youngblood went all the way to the Supreme Court in 1988. This case, along with an earlier ruling in California v. Trombetta, became the standard by which destroyed evidence is judged. Now, all motions to object to destroyed or mishandled evidence are known as Trombetta-Youngblood motions. (Trombetta was eventually cleared, when DNA technology improved enough to test the original evidence. He was completely innocent of the charges, and another man’s DNA matched the sample.) How does a Trombetta-Youngblood motion work in my DUI case? If there was evidence that may have helped your defense, and it was improperly stored (or completely deleted or destroyed), you have a right to file a Trombetta-Youngblood motion. This kind of mishandling of evidence is considered a violation of your Constitutional right to a due process. By allowing the evidence to become unusable, the government has essentially deprived you of a fair trial. But just because you file the motion doesn’t mean it will automatically succeed. The Youngblood Supreme Court decision set up a two-step analysis that the judge in your case must follow. The judge will ask:
Have you been charged with DUI? We can connect you with an experienced DUI attorney. Contact Starkovich Law. Defending DUI Charges in ColoradoMost people think you can't drink alcohol and drive. Some think this is a trick question. Can you? Well, It is NOT against the law in Colorado to drink and drive. What is against the law is Driving Under the Influence of Alcohol, Drugs, or Both under 42-4-1301(1)(a)(DUI). Also, against the law is Driving While Impaired by Alcohol, Drugs, or Both under 42-4-1301(1)(b)(DWAI).
It is easy to get arrested for DUI/DWAI. If the officer smells alcohol, you are going to get arrested. Also, if the officer smells marijuana, you will be arrested for Driving Under the Influence of Drugs (DUID). If you are reading this, you or a loved one may have been arrested and charged with DUI/DWAI/DUID. All three are charged under the same statute above. Most people are scared, afraid, embarrassed, and ashamed after getting a DUI charge. Often, while they may admit they made a big mistake, they are surprised and sometimes outraged by how law enforcement treated them. This is the time to hire a skilled and experienced Attorney. A good Attorney will help with the following:
FIRST OFFENSEColorado DUI Laws and the First OffenseIt is NOT against the law in Colorado to drink and drive. What is against the law is Driving Under the Influence of Alcohol, Drugs, or Both under 42-4-1301(1)(a)(DUI). Also, against the law is Driving While Impaired by Alcohol, Drugs, or Both under 42-4-1301(1)(b)(DWAI). It is easy to get arrested for DUI/DWAI. If the officer smells alcohol, you are going to get arrested. Also, if the officer smells marijuana, you will be arrested for Driving Under the Influence of Drugs (DUID). Penalties. 42-4-1307; and 42-4-1301.3 Colorado Revised Statutes There are the penalties in these statutes. We can explain to you the differences of each penalty. What happens often is the statute reads one way and in reality in court, there can be a better result. So, don't rely on what you read in the statute or on a website. “First Offense” – this means, the first time you have been convicted in any court “anywhere in the world” of any alcohol related driving offense. Different states use different names of offenses and they could count against you. Also, a Court could use a prior conviction from a variety of offenses to aggravate your case. If you have a prior conviction for any of these: DUI, DWAI, DUID, DUI Per Se, Vehicular Homicide, Vehicular Assault, Aggravated Driving with a Revoked License or Driving Under Restraint under 42-2-138(1)(d); then your current alcohol charge could be your second or third, etc. Penalties of the First Offense in Colorado DUI Laws Some of the penalties for a First Offense go along with your alcohol blood/breath results. 1. What was your alcohol best level? If you submitted to an Intoxilyzer 9000 you will know your alcohol level after the test. If you submitted to a blood test then it will be a month or more before you know the result. If you refused testing, then you are classified as a “Refusal”.
3. Useful Public Service: Also known as Community Service. This is statutory and requires the Judge to enter the number of hours usually from 24 to 48. This is like “volunteer work” in that you work at a Not-For-Profit or Non-Profit animal shelter, church, food bank, etc. 4. Probation: While on a first offense the Judge is not required under the statute to place you on probation upon your conviction, expect you will be put on probation. Nowadays most judges will put all DUI/DWAI/DUID on probation to insure compliance with all of the sentencing conditions. The Judge is ultimately responsible for you during your sentence and he or she allows Probation to oversee you for him/her. One thing that sometimes helps get a shorter probation is if you immediately start Level II Education and then go on into Therapy once you complete Level II Education (12 weeks). The Judge may see that you have almost completed all of your treatment and sees that you won’t need a long probationary sentence to complete the Therapy. Otherwise, Judges order probation anywhere from 9 months to 24 months. Early Termination of Probation: Many people asked about this. Many judges want to give incentive so they allow you to petition them (write them a letter) upon completion of all your sentencing requirements asking to be let off supervised probation. 5. Monitored Sobriety: This has become quite a mainstay in DUI sentencing in Colorado. While Judges often order this as part of probation, even if the Judge does not order this as part of your sentence, your Probation Officer can and often will institute it for you. You call in each morning and if your “color” is “up” then you have to go to your designated place that day and provide a urine sample for drug and alcohol testing. 6. Treatment: The State of Colorado has developed treatment for people convicted of DUI/DWAI/DUID. The first phase of this is called Level II Education which lasts about 12 weeks. Then most people will have to continue on into Therapy on one of the tracts: Track A, Track B, Track C, or Track D. While the above gives you information of consequences for a “first offender”, there is much more to be discussed about you and your situation with a DUI Attorney. I urge you to call and set up a meeting today with the Best DUI Attorney you find. Second Offense Penalties 42-4-1307(5)Colorado DUI Laws and the Second OffenseIt is NOT against the law in Colorado to drink and drive. What is against the law is Driving Under the Influence of Alcohol, Drugs, or Both under 42-4-1301(1)(a)(DUI). Also, against the law is Driving While Impaired by Alcohol, Drugs, or Both under 42-4-1301(1)(b)(DWAI). It is easy to get arrested for DUI/DWAI. If the officer smells alcohol, you are going to get arrested. Also, if the officer smells marijuana, you will be arrested for Driving Under the Influence of Drugs (DUID). Penalties: A DUI Attorney can explain to you the nuances of each penalty. What happens often is the statute reads one way and in reality in court, there can be a better result. So, do NOT simply rely on what you read in the statute or on a website. “Second Offense” – this means, the second time you have been convicted in any court “anywhere in the world” of any alcohol related driving offense. Different states use different names of offenses and they could count against you. Also, a Court could use a prior conviction from a variety of offenses to aggravate your case. If you have a prior conviction for any of these: DUI, DWAI, DUID, DUI Per Se, Vehicular Homicide, Vehicular Assault, Aggravated Driving with a Revoked License or Driving Under Restraint under 42-2-138(1)(d); then your current alcohol charge could be your third or more. SECOND OFFENSE 1. Second Offense carries with it a statutory minimum mandatory jail sentence of ten (10) days.
If you submitted to an Intoxilyzer 9000 you will know your alcohol level after the test. If you submitted to a blood test then it will be a month or more before you know the result. If you refused testing, then you are classified as a “Refusal”.
4. Useful Public Service: Also known as Community Service. This is statutory and requires the Judge to enter the number of hours usually from 48 to 120. This is like “volunteer work” in that you work at a Not-For-Profit or Non-Profit animal shelter, church, food bank, etc. 5. Probation: While on a second offense the Judge is required under the statute to place you on probation for 24 months. Under the statute 42-4-1307(5)(IV) The Judge also has to order a “suspended” jail sentence of one year. The Judge is ordering a jail sentence of “one year” and suspending it meaning, you don’t serve it unless you violate probation and then the Judge can impose that one year in jail in addition to any other jail you may have served. Early Termination of Probation: Many people ask about this. Many judges want to give an incentive to complete the sentencing requirements so they allow you to petition the judge (write them a letter) upon completion of all your requirements. You are asking to be taken off supervised probation. It is up to the individual judge whether that judge is inclined to terminate early someone on 24 month probation for a second offense. 5. Monitored Sobriety: This has become quite a mainstay in DUI sentencing in Colorado. While Judges often order this as part of probation, even if the Judge does not order this as part of your sentence, your Probation Officer can and often will institute it for you. You call in each morning and if your “color” is “up” then you have to go to your designated place that day and provide a urine sample for drug and alcohol testing. 6. Treatment: The State of Colorado has developed treatment for people convicted of DUI/DWAI/DUID. The first phase of this is called Level II Education which lasts about 12 weeks. Then most people will have to continue on into Therapy on one of the tracts: Track A, Track B, Track C, or Track D. 7. Victim Impact Panel (MADD Panel): While attendance at a MADD Panel is not statutory, most Judges nowadays order it. It is a one-time event where you go and listen to victims of drunk drivers tell you of the devastation they suffered because of a drunk driver. While the above gives you information of consequences for a “second offender”, there is much more to be discussed about you and your situation with a DUI Attorney. I urge you to call and set up a meeting today with the Best DUI Attorney you find. Third Offense Penalties 42-4-1307(5)Colorado DUI Laws and the Third OffenseIt is NOT against the law in Colorado to drink and drive. What is against the law is Driving Under the Influence of Alcohol, Drugs, or Both under 42-4-1301(1)(a)(DUI). Also, against the law is Driving While Impaired by Alcohol, Drugs, or Both under 42-4-1301(1)(b)(DWAI). It is easy to get arrested for DUI/DWAI. If the officer smells alcohol, you are going to get arrested. Also, if the officer smells marijuana, you will be arrested for Driving Under the Influence of Drugs (DUID). Penalties: We can explain to you the differences of each penalty. What happens often is the statute reads one way and in reality in court, there can be a better result. So, don't rely on what you read in the statute or on a website. “Third Offense” – this means, the third time you have been convicted in any court “anywhere in the world” of any alcohol related driving offense. Different states use different names of offenses and they could count against you. Also, a Court could use a prior conviction from a variety of offenses to aggravate your case. If you have a prior conviction for any of these: DUI, DWAI, DUID, DUI Per Se, Vehicular Homicide, Vehicular Assault, Aggravated Driving with a Revoked License or Driving Under Restraint under 42-2-138(1)(d); then your current alcohol charge could be your third or more. JAIL.
If you submitted to an Intoxilyzer 9000 you will know your alcohol level after the test. If you submitted to a blood test then it will be a month or more before you know the result. If you refused testing, then you are classified as a “Refusal”.
Some jurisdictions want increased Jail or IHD is there was an accident. Useful Public Service. Also known as Community Service. This is statutory and requires the Judge to enter the number of hours usually from 48 to 120. This is like “volunteer work” in that you work at a Not-For-Profit or Non-Profit animal shelter, church, food bank, etc. Probation. While on a third offense the Judge is required under the statute to place you on probation for 24 months. Under the statute 42-4-1307(5)(IV) The Judge also has to order a “suspended” jail sentence of one year. The Judge is ordering a jail sentence of “one year” and suspending it meaning, you don’t serve it unless you violate probation and then the Judge can impose that one year in jail in addition to any other jail you may have served. Early Termination of Probation. Many judges want to give an incentive to a Defendant to complete the sentencing requirements. So some judges allow you to petition them (write them a letter) upon completion of all your requirements. You are asking to be taken off supervised probation. It is up to the individual judge whether that judge is inclined to give early termination to someone on probation for a third offense. Monitored Sobriety. This has become quite a mainstay in DUI sentencing in Colorado. While Judges often order this as part of probation, even if the Judge does not order this as part of your sentence, your Probation Officer can and often will institute it for you. You call in each morning and if your “color” is “up” then you have to go to your designated place that day and provide a urine sample for drug and alcohol testing. Treatment. The State of Colorado has developed treatment for people convicted of DUI/DWAI/DUID. The first phase of this is called Level II Education which lasts about 12 weeks. Then most people will have to continue on into Therapy on one of the tracts: Track A, Track B, Track C, or Track D. If you are facing a 3rd DUI conviction then you more than likely will be looking at Track “D” (24 hours of education and 86 hours of therapy). Probation oversees your treatment. Victim Impact Panel (MADD Panel). While attendance at a MADD Panel is not statutory, most judges nowadays order it. It is a one time event where you go and listen to victims of drunk drivers tell you of the devastation they suffered because of a drunk driver. While the above gives you information of consequences for a “third offender”, there is much more to be discussed about you and your situation with a DUI Attorney. I urge you to call and set up a meeting today with me. a) C.R.S. 42-1-102(68.5) (a) "Persistent drunk driver" means any person who:
(I) Has been convicted of or had his or her driver's license revoked for two or more alcohol-related driving violations; (II) Continues to drive after a driver's license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses; (III) Drives a motor vehicle while the amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.15 or more grams of alcohol per one hundred milliliters of blood or 0.15 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving; or (IV) Refuses to take or complete, or to cooperate in the completing of, a test of his or her blood, breath, saliva, or urine as required by section 18-3-106 (4) or 18-3-205 (4), C.R.S., or section 42-4-1301.1 (2). (b) Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125 (1) (g) and (1) (i) and 42-2-202 (2). Persistent Drunk Driver Colorado legislation has changed the definition of a persistent drunk driver under Colorado law. Persistent drunk drivers, (PDDs), are required to have a minimum 2 year ignition interlock as a mandatory term of driver’s license reinstatement. Along with the interlock requirement, being legally classified as a PDD requires you to complete Level II Alcohol Education and Treatment and to maintain an SR22 for no less than 2 years. These requirements are mandated by law! You will be designated as a persistent drunk driver, even if this is your first offense: if you refuse to take a test or your BAC is ≥ .150, as a result of an administrative revocation hearing at a Colorado DMV location. ancient book glasses Two Worst Mistakes People Make in Family Court The two worst mistakes I’ve seen people make in family court are: 1. Representing yourself. Many of my clients come to me after they have tried to represent themselves. Colorado tries to make it easy for people to represent themselves: they post the forms and guides on how to handle your case on your own. But filling out a form is one thing. Understanding the law is another. There are at least three levels of law you have to understand in family court: a. What the law says about the law. The State legislature is constantly passing and updating Colorado family and divorce law. b. What Colorado courts have said about the law. Colorado courts interpret the written law. Their interpretation may or may not make sense. c. What family law judges think about the law. Family law judges have a lot of discretion on what to do with your case. Even if the law says one thing, they have a lot of freedom to interpret how the law applies to your specific case. 2. Getting the wrong attorney. While having an attorney is usually better than representing yourself, having the wrong attorney won’t do you any good. Attorneys need to be able to research the law and apply it correctly in your case. Not all attorneys put in the time and effort to make sure your case is fully prepared. Some attorneys may want you to fight when you have enough money, but when the money runs out, so does their will to fight. One way to find a good attorney is to look at their history. If an attorney has a history or service, volunteer work, or working for a bar committee, then chances are the attorney is not simply working for a paycheck. Attorneys who work for the Government, for the poor, or in other jobs usually want to help people first. Many private attorneys left Government or non-profit jobs in order to better serve people without being limited by an organization. The reason many people decide to go without an attorney is that they feel they cannot afford it. However, they end up losing more when they pay too much or don’t receive enough child support or maintenance or agree to an unfair division of property. The vast majority of my clients have gotten a better deal with my help then when they went on their own. Can't believe this was over 10 years ago. What a long, long process for such a sad situation. Moore was a good player, a real bummer to see his career cut short. http://denver.cbslocal.com/2014/09/04/steve-moore-glad-to-be-done-with-legal-order/ What a great day today in Colorado? Or was it? Totally redefining a word, 'marriage', from man/woman to WHATEVER... In due time, maybe we can all legally partake in any form of marriage??!! http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/10958728/Australian-judge-says-incest-may-no-longer-be-a-taboo.html http://www.telegraph.co.uk/news/worldnews/australiaandthepacific/australia/10958728/Australian-judge-says-incest-may-no-longer-be-a-taboo.html |