COLORADO DUI BENCHBOOK THIRD EDITION H. PATRICK FURMAN Managing Editor COLORADO COUNTY JUDGES ASSOCIATION Supplemented Annually 2006 through 2012 CONTINUING LEGAL EDUCATION IN COLORADO, INC. COLORADO BAR ASSOCIATION DENVER BAR ASSOCIATION 2012
ABOUT THE MANAGING EDITOR Professor H. Patrick Furman University of Colorado School of Law 404 UCB Boulder, CO 80309-0404 (303) 492-8126 furman@colorado.edu Pat Furman spent nearly seven years in the Office of Public Defender, representing indigent defendants in every type of criminal case in various jurisdictions in Colorado. After a year in private practice, which included a short stint as a district court magistrate, he joined the faculty of the Law School at the University of Colorado in 1988. Part served as the Director of Clinical Programs from 1994 to 2004. As a clinician, Pat taught Criminal Practice and Trial Advocacy to students handling misdemeanor and traffic cases in Boulder courts, and also taught Criminal Law and Evidence and ran the Wrongful Convictions Clinic. Since 2009, Pat has been semi-retired, but continues to teach Evidence, Criminal Procedure, and Trial Advocacy at the Law School, and helps administer the Colorado Innocence Project. (9/12) v
ABOUT THE AUTHORS Hon. Noel E. Blum Boulder County Court Chapter 4 Motions to Suppress Evidence (Original Author, 2006 2010 Supplements, 2012 Supplement) 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 1980. Judge Blum presides over a mixed docket of felony preliminary hearings, civil trials, protection orders, and traffic and misdemeanor trials. Hon. Christopher Cross Eighteenth Judicial District Court Chapter 5 Trial Procedure (Original Author, 2006 2008 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, 2009. His current assignment is in a domestic/civil division. Hon. Steven Fieldman Pueblo County Court Chapter 5 Trial Procedure (2010 2012 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 2008. 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 gradu- (9/12) vii
Colorado DUI Benchbook ate 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 1992. Abraham V Hutt, Esq. The Law Firm of Abraham Hutt, P.C. 1127 Auraria Pkwy., Ste. 201B Denver, CO 80204 (303) 893-0881 abe@abehutt.com Chapter 9 Driver s License Considerations and Collateral Consequences (Original Author, 2006 2012 Supplements) Abraham V Hutt, Esq. has been a trial lawyer in Denver since 1984. 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 1991. 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. viii (9/12)
About the Authors R. Suzanne Iantorno, Esq. The Law Firm of Abraham Hutt, P.C. 1127 Auraria Pkwy., Ste. 201B Denver, CO 80204 (303) 893-0881 suzanne@abehutt.com Chapter 9 Driver s License Considerations and Collateral Consequences (Original Author, 2006 2012 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 2000. 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 2012 Supplements) 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. (9/12) ix
Colorado DUI Benchbook Hon. Carl S. McGuire III Washington County Court Chapter 1 Preliminary Matters (2007 2012 Supplements) Chapter 2 Guilty Pleas (2006 Supplement) The Honorable Carl S. McGuire III took the Washington County Court bench on January 1, 2005. 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 2012 Supplements) The Honorable Sandra K. Miller has served as a county court judge in Delta County since 2001. Judge Miller graduated with honors from the University of Texas School of Law in 1987. Prior to her appointment to the bench, she served as an appellate brief attorney, a private practitioner, and chief deputy district attorney for the Seventh Judicial District. In addition to a county court docket, Judge Miller is also the presiding judge for Delta s adult criminal drug court. Judge Miller has been an instructor at the National Judicial College since 2009, is an active member of the Colorado County Judges Association, and was the 2011 recipient of Colorado s Judicial Officer of the Year award. x (9/12)
About the Authors Hon. Martha T. Minot La Plata County Court Chapter 8 Post-Conviction Issues (2009 2012 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 1995. Her current case load 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. Dana Nichols Weld County Court Chapter 4 Motions to Suppress Evidence (2011 Supplement) Chapter 6 Evidence (2012 Supplement) The Honorable Dana Nichols was appointed to the Weld County Court bench in August 2007. 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 1991. Judge Nichols currently handles a mixed docket of traffic, misdemeanors, and civil matters. She also presided over the domestic violence court for two years. Hon. Peter E. Schoon, Jr. Larimer County Court Chapter 2 Guilty Pleas (2008 2012 Supplements) The Honorable Peter E. Schoon, Jr. took the Larimer County Court bench in February 2003. 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 2002. His docket includes serious traffic offenses, misdemeanors, and civil cases. (9/12) xi