COLORADO DUI BENCHBOOK

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1 COLORADO DUI BENCHBOOK THIRD EDITION H. PATRICK FURMAN Managing Editor COLORADO COUNTY JUDGES ASSOCIATION Supplemented August 2006 August 2007 August 2008 August 2009 August 2010 August 2011 CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION DENVER BAR ASSOCIATION 2011

2 ABOUT THE MANAGING EDITOR Professor H. Patrick Furman University of Colorado School of Law 404 UCB Boulder, CO (303) Chapter 1 Preliminary Matters (2006 Supplement) Chapter 6 Evidence ( and 2011 Supplements) Chapter 8 Post-Conviction Issues (2008 Supplement) H. Patrick Furman graduated from the University of Colorado School of Law in 1980, then spent nearly seven years in the Office of the Public Defender representing indigent defendants in every type of criminal case in various jurisdictions in Colorado. After a year in private practice that included a short stint as a District Court Magistrate, he joined the faculty of the Law School at the University of Colorado in Mr. Furman served as the Director of Clinical Programs from 1994 to 2004, and took emeritus status in He has taught Criminal Practice and Trial Advocacy to students handling misdemeanor and traffic cases in Boulder courts, as well as Criminal Law, Criminal Procedure, Evidence, and Wrongful Convictions. (8/11) v

3 ABOUT THE AUTHORS Hon. Adele K. Anderson Pueblo County Court Chapter 8 Post-Conviction Issues (Original Author, Supplements) The Honorable Adele Anderson received her law degree in 1981 from Washington University School of Law after serving for three years as a non-lawyer probate, county, and juvenile judge in Goodland, Kansas. After graduating as an Olin Fellow, she was an associate and then partner in the law firm of Preston, Altman, Parlapiano, Keilbach and Lytle. She was appointed in 1989 as Pueblo County Judge, where she presided over a mixed county court docket including a large DUI docket. She retired from the bench in January Hon. Noel E. Blum Boulder County Court Chapter 4 Motions to Suppress Evidence (Original Author, Supplements) The Honorable Noel E. Blum was appointed to the Boulder County Court bench in July 2003 after serving 19 years as deputy district attorney for the First Judicial District (Jefferson and Gilpin counties). He received his J.D. from the University of Colorado in 1984 and a B.A. in anthropology and archaeology from the University of Vermont in Judge Blum presides over a mixed docket of felony preliminary hearings, civil trials, protection orders, and traffic and misdemeanor trials. Hon. Cindy Hull Bruner Adams County Court Chapter 6 Evidence (Original Author, 2006 Supplement) The Honorable Cindy Hull Bruner was appointed to the Adams County Court in Prior to becoming a judge, she served for six years as a deputy district attorney in Adams County. Judge Bruner received her J.D. from the University of Colorado in 1984 and a B.S. in plant and soil science from the University of Vermont in She has been an innovator in Adams County, working closely with other agencies to improve services for litigants and their families and (8/11) vii

4 Colorado DUI Benchbook increasing the efficiency of the court through the establishment of protocols to more evenly distribute caseloads throughout the week; creation of a volunteer probation program; adoption of a process that allows high-risk alcohol offenders to be sent to private probation providers for more intensive supervision; and establishment of a designated domestic violence court. In 1995, Judge Bruner received the Ed Towey Award for outstanding and caring service to victims of crime in Adams County, and, in November 2005, she received the Judicial Excellence Award from the Colorado Judicial Institute. She also volunteers for Rocky Mountain PBS and the Brighton Sister Cities program. In 2009, Judge Bruner retired from the bench. In 2010, she began serving as a senior judge, first in Denver and Brighton and more recently in the state system. Hon. Edward J. Casias Summit County Court Chapter 3 Motions to Dismiss ( Supplements) The Honorable Edward J. Casias was appointed to the Summit County Court in Prior to his appointment, Judge Casias was a prosecuting attorney for 10 years in various jurisdictions throughout Colorado. His legal career began as an associate attorney with the firm of Ireland, Stapleton, Pryor and Pascoe in Denver. His prosecutorial career began in the Fourth Judicial District as a deputy district attorney. He also served as a deputy district attorney in the Ninth Judicial District and the assistant district attorney for the Fifth Judicial District. In his court, Judge Casias presides over preliminary hearings, traffic, misdemeanor, county court civil, small claims, and protection order cases. Judge Casias is a graduate of Colorado College (1987) and Ohio State University College of Law (1990). He is a member and past president of the County Court Trial Judges Association; Colorado Rules of Criminal Procedure Committee; the Judicial Officer s Education Committee; and the Legislature s Interagency Taskforce on Drunk Driving. Judge Casias is also a member of the Summit County Optimist Club and the Continental Divide Bar Association s Access to Justice Committee; a trustee for the Summit Foundation; and a machine pitch coach for Summit Youth Baseball and Softball, as well as serving on their board. viii (8/11)

5 About the Authors Hon. Mary A. Celeste Denver County Court Chapter 3 Motions to Dismiss (Original Author) The Honorable Mary A. Celeste was appointed to the Denver County Court bench in She also serves as an adjunct professor at the DU College of Law. Prior to her appointment to the bench, Judge Celeste was in private practice in Denver from 1985 to She received her J.D. in 1983 from California Western School of Law, where she was the editor-in-chief of the California Western International Law Journal. She has been published in a variety of journals, including The Colorado Lawyer, Court Review, Preventive Law Journal, and California Western International Law Journal, and has spoken at legal conventions throughout Colorado and the United States. Judge Celeste is a member of the American Judges Association, Colorado Supreme Court State Access to Justice Committee and State Education Committee, Colorado Women s Bar Association and Foundation, Colorado Bar Association Board of Governors, Inns of Court, Denver Bar Association, and Colorado Gay & Lesbian Bar Association. She also has been involved in numerous civic activities, including Denver Alternatives to Sentencing Sub-Committee, Career Service Authority, Denver Foundation Focus Committee, and Denver Metro Chamber of Commerce Small Business Advisory Council, among others. Hon. Norman Cooling Fremont County Court Chapter 6 Evidence ( Supplements) The Honorable Norm Cooling presides as a full-time county court judge in Fremont County. He handles traffic (DUI), misdemeanor, and civil cases. Judge Cooling was one of Governor Ritter s first judicial appointments in February He graduated from Tulsa University College of Law in After a brief stint in private practice, he spent the next 21 years as a deputy district attorney in the Eleventh Judicial District. He is a member of the Fremont County and Colorado bar associations. Judge Cooling volunteers as a board member of a local non-profit agency. He also is a volunteer presenter of the Our Courts forum, a non-partisan group from the bar association that informs the public about the process of selecting, disciplining, and retaining Colorado judges. He is currently involved in establishing a DUI court in Fremont County. He enjoys traveling and photography. (8/11) ix

6 Colorado DUI Benchbook Hon. Christopher Cross Eighteenth Judicial District Court Chapter 5 Trial Procedure (Original Author, Supplements) The Honorable Christopher Cross received his law degree from the University of Denver College of Law in 1979 after earning an undergraduate degree in 1974 from Denison University in Granville, Ohio. He served as a deputy district attorney in Denver from 1979 through 1983, followed by 13 years in private practice. Judge Cross was appointed as an Arapahoe County Court judge in August 1997, and was appointed as a district court judge in the Eighteenth Judicial District on January 12, His current assignment is in a domestic/civil division. Hon. Steven Fieldman Pueblo County Court Chapter 5 Trial Procedure ( Supplements) The Honorable Steven Fieldman was appointed to the Pueblo County Court bench by Governor Ritter in November 2007 and started serving the bench in January Prior to his appointment, Judge Fieldman served 14 years as a deputy district attorney in the Tenth Judicial District. Judge Fieldman is a past president of the Pueblo County Bar Association and is a graduate of the Colorado Bar Association Leadership Training Program (COBALT 2008). Judge Fieldman is actively involved in various community activities and serves or has served on the boards of directors of Crossroads Turning Point, Senior Resource Development Agency, Pueblo Community Health Center Nurse-Family Partnership Advisory Board, and the Pueblo Nature and Raptor Center. Judge Fieldman graduated from Clark University in 1988 and the University of Denver College of Law in x (8/11)

7 About the Authors Abraham V Hutt, Esq. The Law Firm of Abraham Hutt, P.C Auraria Pkwy., Ste. 201B Denver, CO (303) Chapter 9 Driver s License Considerations and Collateral Consequences (Original Author, Supplements) Abraham V Hutt, Esq. has been a trial lawyer in Denver since He handles criminal, civil, and administrative cases, although his primary emphasis has been on criminal defense. He has represented clients in the trial courts of 19 of Colorado s 22 judicial districts, as well as the Colorado Supreme Court, the Colorado Court of Appeals, and the U.S. District Court for Colorado. He is a frequent CLE lecturer on the subject of trial tactics and has taught that topic at the University of Denver Sturm College of Law, the University of Colorado School of Law, and the National Criminal Defense College. He has given CLE lectures on these and many other topics, particularly on the subject of cross-examination, across the United States. He is a longtime member of the Colorado Supreme Court Committee on the Rules of Criminal Procedure and has served on the Board of Directors of the Colorado Criminal Defense Bar and the Colorado Legislature s DUI Task Force. Mr. Hutt is probably best known for his work in the area of DUI defense. He has authored numerous articles on the subject and is a frequent speaker at various continuing education seminars, lecturing on such topics as Cross-Examination on Roadside Sobriety Exams, 50 Ways to Win a DMV Hearing, Jury Selection Tactics for DUI Cases, and Sophisticated Techniques in DUI. He has written on DUI and motor vehicle law for Colorado Bar Association CLE since Mr. Hutt represented the National Association of Criminal Defense Lawyers, the Colorado Trial Lawyers Association, and the Colorado Criminal Defense Bar before the Colorado Supreme Court as amici curiae in People v. Rister, 803 P.2d 483 (Colo. 1990), concerning the constitutionality of sobriety roadblocks. (8/11) xi

8 Colorado DUI Benchbook R. Suzanne Iantorno, Esq. The Law Firm of Abraham Hutt, P.C Auraria Pkwy., Ste. 201B Denver, CO (303) Chapter 9 Driver s License Considerations and Collateral Consequences (Original Author, Supplements) R. Suzanne Iantorno, Esq. is an associate at The Law Firm of Abraham Hutt, P.C. She received her J.D. from the University of Colorado School of Law in 2000 and a B.A. from Colorado State University in Fort Collins. Ms. Iantorno was admitted to practice in Colorado in She is a member of the Colorado Bar Association, Denver Bar Association, Colorado Criminal Defense Bar, National Association of Criminal Defense Lawyers, and National College for DUI Defense. She has lectured extensively on of trial tactics, scientific issues, and motions practice in DUI cases. Hon. JenniLynn E. Lawrence Montezuma County Court Chapter 7 Sentencing (2011 Supplement, 7.1 through 7.5) The Honorable JenniLynn Everett Lawrence graduated from the University of Wisconsin Law School in 1997 and enjoyed private practice for 13 years before being appointed to serve as a Montezuma County Court judge. She is admitted to practice in Colorado, New Mexico, Wisconsin, and Florida. As a practicing attorney, she earned the esteemed AV Preeminent rating from Martindale Hubbell. Judge Lawrence is a native of Montezuma County and a graduate of Mancos High School and Fort Lewis College. Prior to becoming an attorney, Judge Lawrence taught English at Cortez Middle School and Montezuma-Cortez High School. xii (8/11)

9 About the Authors Hon. Carl S. McGuire III Washington County Court Chapter 1 Preliminary Matters ( Supplements) Chapter 2 Guilty Pleas (2006 Supplement) The Honorable Carl S. McGuire III took the Washington County Court bench on January 1, Judge McGuire served on active duty in the U.S. Navy JAG Corps before returning to the eastern plains of Colorado to practice law. Judge McGuire received his B.S. in agricultural economics from Colorado State University and his J.D. from the University of Wyoming College of Law. Judge McGuire is a part-time judge. His private practice includes estate planning, probate, and municipal law. Judge McGuire continues to serve as a JAG officer in the U.S. Navy Reserve. In addition to his mixed docket in county court, Judge McGuire assists the district court in both civil and criminal cases. Hon. Sandra K. Miller Delta County Court Chapter 2 Guilty Pleas (Original Author, 2007 Supplement) Chapter 3 Motions to Dismiss (2011 Supplement) The Honorable Sandra K. Miller was appointed to the Delta County bench in March She is a resident of Delta and has practiced law on the Western Slope since Judge Miller graduated with honors from the University of Texas School of Law in Prior to her appointment to the bench, Judge Miller practiced law in both the public and private sectors and is a former appellate court briefing attorney, private practitioner, and chief deputy district attorney for the Seventh Judicial District. Her judicial workload includes civil, criminal (misdemeanor and felony), traffic offenses, juvenile, and adult drug court in the Delta County Court. Hon. Martha T. Minot La Plata County Court Chapter 8 Post-Conviction Issues ( Supplements) The Honorable Martha Tinsley Minot received her law degree from the University of Colorado Law School in 1983 after earning an undergraduate degree with honors in 1979 also from the University of Colorado. Judge Minot was in private practice in Durango, Colorado from 1983 until she was appointed to the La Plata County Court in Her current case load (8/11) xiii

10 Colorado DUI Benchbook involves presiding over traffic offenses, misdemeanors, and civil cases. Judge Minot has been the president of the Southwest Colorado Bar Association, the president of the Colorado County Judges Association, is currently a member of the Judicial Discipline Committee and is involved in numerous civic activities in her jurisdiction, including being a hospice volunteer and training advocates for a crisis telephone service. Hon. John J. Mitchel Montrose County Court Chapter 3 Motions to Dismiss ( Supplements) The Honorable John J. Mitchel was appointed to the Montrose County bench in He received his law degree from the University of Colorado School of Law in 1982 after earning a bachelor s degree in international relations in 1973 from The Catholic University of America, Washington, D.C. He served as deputy district attorney and chief deputy district attorney in the Seventh Judicial District, followed by 16 years in private practice in state and federal courts, emphasizing complex commercial litigation, criminal defense, and appeals. In addition to county court cases, Judge Mitchel was assigned some district court civil and criminal cases. He also was the district court drug court judge for five years. Judge Mitchel served on the Trial Judge s Council and the Supreme Court Statewide Drug Court Standards and Practices Committee. He retired from the bench in 2011 and is currently in private practice in Montrose. Hon. Dana Nichols Weld County Court Chapter 4 Motions to Suppress Evidence (2011 Supplement) The Honorable Dana Nichols was appointed to the Weld County Court bench in August She served as a state public defender for more than 10 years in Greeley, Pueblo, Colorado Springs, and the appellate division. She also practiced civil litigation for three years in Denver as an associate with Kennedy & Christopher. She received her J.D. from the University of Colorado in 1994 and a B.S. in biology from Colorado State University in Judge Nichols currently handles a mixed docket of traffic, misdemeanors, and civil matters. She also presided over the domestic violence court for two years. xiv (8/11)

11 About the Authors Hon. Todd Jay Plewe Twenty-Second Judicial District Court Chapter 7 Sentencing ( Supplements) The Honorable Todd Jay Plewe was appointed to the Montezuma County Court bench in 2002 by Governor Bill Owens, and to the District Court bench of the Twenty-Second Judicial District effective October 1, 2010, by Governor Bill Ritter. Judge Plewe received his bachelor s degree in history from Brigham Young University in 1994 and his law degree from the University of Colorado School of Law in Prior to taking the bench, Judge Plewe practiced law in Alamosa and Cortez. Judge Plewe lives with his wife and four children in Cortez. He is active in church and community. Judge Plewe enjoys coaching youth football, supporting his children s many activities, flyfishing, and playing golf with his family. Hon. Stephen Ruddick Arapahoe County Court Chapter 1 Preliminary Matters (Original Author) Chapter 7 Sentencing (Original Author) The Honorable Stephen Ruddick was sworn to serve in the Arapahoe County Court on November 18, He served twice as president of the Aurora Bar Association and on the Colorado Bar Association Board of Governors. Judge Ruddick was also an active participant in the annual Colorado Bar Association High School Mock Trial competitions. He chaired the Colorado Trial Judges Council and was president of the Thompson G. Marsh Chapter, American Inns of Court. Prior to joining the bench, Judge Ruddick was in private and public practice and served in both the State Senate and State House of Representatives. He retired from the bench in Hon. Peter E. Schoon, Jr. Larimer County Court Chapter 2 Guilty Pleas ( Supplements) The Honorable Peter E. Schoon, Jr. took the Larimer County Court bench in February He received his undergraduate degree from Central College (Pella, Iowa) and in 1975 obtained his J.D. from Washburn University Law School (Topeka, Kansas). Along with his 27 years in private practice, Judge Schoon served as the associate municipal judge for Loveland, Colorado, from 1988 to His docket includes serious traffic offenses, misdemeanors, and civil cases. (8/11) xv

12 Colorado DUI Benchbook Hon. C. Edward Stirman Larimer County Court Chapter 3 Motions to Dismiss (2008 Supplement) The Honorable C. Edward Stirman received his juris doctorate degree from the University of Colorado School of Law and his undergraduate degree with high distinction from Colorado State University. Judge Stirman was appointed to the Larimer County Court bench in June Prior to his appointment, he served as a district court magistrate from 1997 to He is a graduate of the National Judicial College and the National Institute for Trial Advocacy. xvi (8/11)

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