Colorado Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Colorado or Court of Appeals of Colorado where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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People v. Peters - 3/29/1993
This attorney discipline proceeding comes to us on a stipulation, agreement, and conditional admission of misconduct entered into between the respondent and the assistant disciplinary counsel. In the stipulation, the parties...
People v. Viar - 3/22/1993
Original Proceeding in Discipline
Per Curiam
This attorney disciplinary case comes to us on a stipulation, agreement, and conditional admission of misconduct. See C.R.C.P. 241.18. An inquiry panel of the Supreme Court...
People v. Smith - 3/22/1993
Donald Eugene Smith (Smith) appeals the decision of the district court in People v. Smith, No. 89CR72 (June 28, 1990), wherein the jury found Smith guilty of first degree murder and the district court sentenced Smith to the mandatory...
Halter v. Department of Revenue - 2/25/1993
Plaintiff, Peter Halter, appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue for refusing to submit to testing as required by the express consent law. We affirm. ...
Knaus v. Department of Revenue - 12/17/1992
Plaintiff, Kenneth F. Knaus, appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue (Department) for driving with an excessive blood alcohol content. The sole issue on...
People v. Trimble - 11/9/1992
JUSTICE QUINN delivered the Opinion of the Court.
The issue in this appeal is whether the district court, in the course of a prosecution for the felony of "driving after revocation prohibited," properly granted a motion to...
People v. District Court - 10/13/1992
Original Proceeding
JUSTICE VOLLACK delivered the Opinion of the Court.
JUSTICE ERICKSON specially concurs, and JUSTICE LOHR joins in the special concurrence.
At the request of the People of the State of Colorado (the...
Martell v. County Court of County of Summit - 10/8/1992
Petitioner, Cody Martell, appeals from the judgment of the trial court dismissing his complaint. We affirm in part, reverse in part, and remand with directions.
In September 1990, Martell was arrested on domestic violence charges...
Pulliam v. Dreiling - 9/24/1992
Plaintiff, Dale R. Pulliam, appeals from the trial court's judgment entered on a jury verdict in favor of defendants, Toby and Steven Dreiling. We affirm.
In June 1989, plaintiff was stopped at a traffic light when his car was...
White v. Hansen - 9/21/1992
JUSTICE ERICKSON delivered the Opinion of the Court.
We granted certiorari to review White v. Hansen, 813 P.2d 750 (Colo. App. 1990), which was an appeal from a judgment in a personal injury action that was tried to a jury. The...
Goetz v. Gunter - 4/23/1992
Petitioner, Larry A. Goetz, was sentenced in 1976 for conspiracy to commit murder, and he was paroled in 1982. The state board of parole revoked his parole in September 1989, and he filed a petition for a writ of habeas corpus,...
Casebolt v. Cowan - 4/6/1992
This case presents issues concerning the existence, nature, and scope of any duty owed by the owner of an automobile to a borrower of that vehicle to prevent injuries to the borrower resulting from operation of the vehicle by the...
Peterson v. Halsted - 4/6/1992
These two cases, consolidated in this court for briefing and argument, present common issues concerning the applicability of the tort doctrine of negligent entrustment. The cases arose out of an automobile accident in which Tamara...
Colorado State Board of Medical Examiners v. Hoffner - 3/26/1992
Respondent, Mary M. M. Hoffner, appeals from the order of the Colorado State Board of Medical Examiners revoking her license to practice medicine. We affirm.
Respondent became licensed to practice medicine in Colorado in June...
People v. Senn - 2/10/1992
A hearing panel of the Supreme Court Grievance Committee recommended that the respondent in this attorney discipline proceeding receive a public censure for conduct which violated the criminal laws of Colorado and that adversely...
Barela v. People - 1/27/1992
JUSTICE QUINN delivered the Opinion of the Court.
We granted certiorari to consider whether the district Court erred in reversing the county court's dismissal of criminal charges against the defendant, Gerald Barela, and in...
People v. Gaskins - 1/13/1992
JUSTICE LOHR delivered the Opinion of the Court.
We granted the People's petition for certiorari to determine whether the Colorado Court of Appeals correctly concluded that the defendant, John Harvey Gaskins, was entitled to a...
People v. White - 8/15/1991
The sole issue involved in this appeal is whether § 16-8-112, C.R.S. (1986 Repl. Vol. 8A) precludes the release on bail of a defendant who is charged with a violent crime and found incompetent to proceed. We hold that it does not. ...
Weld County Court v. Richards - 6/10/1991
We granted certiorari to review the decision of the court of appeals in Richards v. County Court, 793 P.2d 590 (Colo. App. 1989), in which the court of appeals reversed the dismissal of respondent Stanley Richards' complaint for...
People v. Fahselt - 3/18/1991
In this disciplinary proceeding, the disciplinary prosecutor, the attorney for the respondent, and respondent Brian K. Fahselt (the respondent) entered into a stipulation of the facts. Based upon those facts, the hearing board found as...
Orr v. People - 12/24/1990
This case concerns the defendant Robert Lee Orr's challenge to the validity of a sobriety checkpoint conducted by the Adams County Sheriff's Department. The defendant was stopped at the sobriety checkpoint and subsequently charged with...
Caple v. Department of Revenue - 12/20/1990
The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, David W. Caple, for refusing to submit to testing as required by the express consent statute. The sole...
People v. Moffitt - 12/10/1990
In this disciplinary action, the respondent, David R. Moffitt, and the assistant disciplinary counsel for the Supreme Court Grievance Committee entered into a stipulation of facts, which was submitted to the hearing board. Based upon...
People v. Rister - 12/10/1990
This certiorari proceeding presents the question whether the Colorado State Patrol's brief stop of the defendant, Teddy Ralph Rister, while it was operating a sobriety checkpoint on a county highway violates the fourth and fourteenth...
People v. Robinson - 11/13/1990
This is an attorney discipline case. On June 21, 1990, the respondent, William F. Robinson, III, and the assistant disciplinary counsel for the Supreme Court Grievance Committee entered into a stipulation, agreement, and conditional...
People v. Emery - 10/11/1990
Defendant, Kenneth Michael Emery, appeals the judgment of conviction entered on jury verdicts finding him guilty of vehicular homicide and driving under the influence. We affirm.
The record shows that defendant was driving with...
7250 Corp. v. Board of County Commissioners for Adams County - 10/9/1990
This case involves the constitutionality of an Adams County ordinance concerning the operation of nude entertainment establishments, not licensed to sell alcoholic beverages. The ordinance places restrictions on the age of the patrons...
Banos v. El Paso County Court - 8/9/1990
Plaintiff, Phillippe M. Banos, appeals from a district court order that discharged a writ of prohibition in which he had challenged a county court's ruling that he was subject to the jurisdiction of that court. We affirm.
On...
People v. Jiron - 7/26/1990
Opinion by Judge Jones.
Defendant, Nedio Jiron, appeals the trial court's denial of his Crim. P. 35(b) motion for reduction of sentence. Relying on the 1985 amendment to § 18-1-408(3), C.R.S. (1986 Repl. Vol. 8B), defendant...
Gonsoir v. People - 6/25/1990
Petitioner, Ronald D. Gonsoir, seeks review of a decision of the Garfield County District Court affirming judgments of conviction of driving under the influence of alcohol and driving with excessive blood alcohol. Gonsoir contends that...
People v. Moya - 6/25/1990
In this disciplinary proceeding we consider two consolidated cases involving several acts of misconduct by the respondent, Leroy R. Moya. A hearing panel of the Supreme Court Grievance Committee unanimously recommended, and Moya...
Lucero v. Goldberger - 6/14/1990
In this C.R.C.P. 106 action, plaintiff, Larry Ray Lucero, appeals a district court's judgment that affirmed a ruling by the respondent judge of the Jefferson County Court denying plaintiff's motion to enforce an alleged governmental...
People v. Fagan - 5/29/1990
In this disciplinary proceeding we consider four consolidated cases involving respondent Charles Douglas Fagan. The Inquiry Panel of the Supreme Court Grievance Committee (the Panel) approved a Stipulation, Agreement and Conditional...
People v. Davis - 5/14/1990
Justice MULLARKEY delivered the Opinion of the Court.
This is a direct appeal pursuant to section 16-11-103(7)(a), 8A C.R.S. (1986), of a death sentence imposed on the defendant Gary Lee Davis following his trial and...
People v. Adams County Court - 5/3/1990
SILVERSTEIN, JUDGE
In this C.R.C.P. 106(a)(4) action, the People appeal the dismissal of a complaint seeking review of a county court ruling in a prosecution for various traffic offenses. We affirm.
Duane Bailey was...
People v. Wyman - 4/2/1990
ERICKSON, JUSTICE
This is an interlocutory appeal by the prosecution pursuant to C.A.R. 4.1, which followed the suppression of the results of a blood test by the district court. We reverse and remand with directions.
The...
People v. O''Leary - 11/13/1989
JUSTICE ERICKSON
Two separate disciplinary proceedings have been consolidated for the purpose of this opinion. The Hearing Panel in 89SA219 recommended that the respondent be suspended for a period of three years for continuing...
People v. Fleming - 10/30/1989
JUSTICE LUIS D. ROVIRA
An Adams County District Court order dismissed the charge against defendant, Dale Lee Fleming, after trial, on the ground that the prior convictions which formed the bases for the charge were obtained in an...
People v. Garner - 10/23/1989
JUSTICE MULLARKEY delivered the Opinion of the Court.
The People bring this appeal pursuant to section 16-12-102(1), 8A C.R.S. (1986), to review the ruling of the trial court dismissing a vehicular homicide charge against the...
Davis v. Carroll - 10/19/1989
TURSI, JUDGE
The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Truett Davis. The sole issue on appeal is whether plaintiff refused to submit to a...
Wilson v. Hill - 10/12/1989
FISCHBACH, Judge
Plaintiff, Jerome Wilson, appeals from the district court judgment affirming the revocation of his driver's license by the Department of Revenue (Department) pursuant to § 42-2-122.1, C.R.S. (1984 Repl. Vol. 17)....
Shumate v. Department of Revenue - 9/14/1989
HUME, JUDGE
The Department of Revenue (Department) appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Randle Gillan Shumate. We reverse and remand.
Following plaintiff's...
People v. Rickstrew - 6/26/1989
JUSTICE ERICKSON delivered the Opinion of the Court.
The prosecution appeals from the trial court's ruling that section 42-4-1401, 17 C.R.S (1984 & 1988 Supp.), is unconstitutional because it imposes a more severe penalty...
People v. Robinson - 6/5/1989
JUSTICE KIRSHBAUM delivered the Opinion of the Court.
The People appeal the trial court's judgment dismissing a criminal information filed in the El Paso County District Court against the defendant, Maceo Robinson, Jr. The trial...
People v. Smith - 4/17/1989
Original Proceeding in Discipline
CHIEF JUSTICE QUINN delivered the Opinion of the Court.
A complaint was filed with the Grievance Committee charging the respondent, James David Kimo Smith, with unprofessional conduct...
People v. Greene - 4/17/1989
JUSTICE MULLARKEY delivered the Opinion of the Court.
In this attorney disciplinary proceeding, a hearing panel of the Supreme Court Grievance Committee has recommended that the respondent, Dwight R. Greene, be disbarred and that...
Charnes v. Robinson - 4/10/1989
JUSTICE MULLARKEY delivered the Opinion of the Court.
The Motor Vehicle Division of the Colorado Department of Revenue (DMV) appeals from the court of appeals' unpublished decision in Robinson v. Charnes, No. 85CA1542 (Colo. Ct....
Lyons v. Nasby - 3/20/1989
Certiorari to the Colorado Court of Appeals,
ERICKSON
I.
Plaintiff-Petitioner Doris Lyons appeals from the decision in Lyons v. Nasby, 748 P.2d 1341 (Colo. App. 1987), dismissing her claim which sought recovery...
Tongish v. Arapahoe County Court - 3/2/1989
Opinion by JUDGE NEY
Respondents, the Arapahoe County Court and the Honorable Richard Jauch, appeal from a district court order which determined that the county court had abused its discretion and exceeded its jurisdiction by...
Charnes v. Boom - 12/19/1988
JUSTICE LOHR delivered the Opinion of the Court.
In Boom v. Charnes, 739 P.2d 868 (Colo. App. 1987), the Colorado Court of Appeals affirmed a district court judgment reversing the Department of Revenue's decision to revoke...
People v. Reeves - 12/19/1988
JUSTICE VOLLACK
In this disciplinary proceeding, a divided hearing panel of the Supreme Court Grievance Committee recommended that respondent Kelly A. Reeves be suspended for one year and one day. Two members dissented, one in...
People v. Inman - 12/12/1988
CHIEF JUSTICE QUINN delivered the Opinion of the Court.
In this interlocutory appeal the People challenge an order suppressing a small packet of cocaine seized from a purse belonging to the defendant, Patricia J. Inman, during an...
People v. Winters - 11/28/1988
MULLARKEY, Justice
We consolidated the cases of People v. Winters, No. 86SA361 and People v. Rosendal, No. 87SA289, to determine whether a trial court's imposition of a sentence to community corrections contravened section...
People v. Wood - 11/25/1988
JUDGE JONES
Jeffrey Mark Wood appeals a judgment of conviction of driving while his operator's license was revoked, a violation of § 42-2-206, C.R.S. (1984 Repl. Vol. 17), entered after a trial to the court. We reverse. ...
People v. Enriquez - 10/31/1988
JUSTICE VOLLACK delivered the Opinion of the Court.
The People appeal from an order of the El Paso County District Court dismissing three of four criminal charges filed against Robert Enriquez. The charges were dismissed for...
Motor Vehicle Division v. Warman - 10/31/1988
CHIEF JUSTICE QUINN delivered the Opinion of the Court.
In Warman v. Department of Revenue, 745 P.2d 270 (Colo. App. 1987), the court of appeals, in affirming a district court judgment that Herschel E. Warman should not lose...
People v. Humes - 9/12/1988
JUSTICE VOLLACK
In this appeal, the People seek reversal of the Adams County District Court's order affirming the county court's suppression of evidence of blood alcohol test results obtained by the prosecution. Based on our...
Bath v. Department of Revenue - 9/8/1988
PIERCE, JUDGE
The Department of Revenue appeals from the district court judgment reversing its revocation of the driver's license of plaintiff, Alfred Wayne Bath. We reverse.
The evidence at the revocation hearing...
People v. County Court - 7/21/1988
JUDGE PLANK
Respondents, the Arapahoe County Court and the Honorable Ralph Taylor, appeal a district court order which found, pursuant to C.R.C.P. 106(a)(4), that the respondent court had exceeded its jurisdiction and/or abused...
Bath v. Colorado Department of Revenue - 7/5/1988
JUSTICE KIRSHBAUM delivered the Opinion of the Court.
The Motor Vehicle Division of the Colorado Department of Revenue (the Department) appeals a portion of an order of the El Paso County District Court declaring facially...
People v. Fisher - 7/5/1988
JUSTICE VOLLACK delivered the Opinion of the Court.
The prosecution filed this appeal from the district court's denial of its "Motion to File Information Directly in the District Court" pursuant to Crim. P. 7(c)(2). We reverse...
City and County of Denver v. Industrial Commission - 5/16/1988
JUSTICE VOLLACK delivered the Opinion of the Court.
The City and County of Denver petitioned this court requesting certiorari review of City & County of Denver v. Industrial Commission, 725 P.2d 89 (Colo. App. 1986). In...
Meehan v. County Court - 5/12/1988
Opinion by JUDGE TURSI
Finding no deprivation of his right to speedy trial, the county court refused to dismiss the criminal complaint against Maurice John Meehan. On review pursuant to C.R.C.P. 106(a)(4), the district court...
Colorado Department of Revenue v. McBroom - 4/25/1988
JUSTICE VOLLACK delivered the Opinion of the Court.
We granted the Colorado Department of Revenue's petition for writ of certiorari to review McBroom v. Colorado Department of Revenue, No. 85CA0797 (Colo. App. Sept. 4, 1986), in...
People v. Dowhan - 4/25/1988
JUSTICE VOLLACK administered the public censure.
William R. Dowhan, you appear before this court to receive a public censure for your professional misconduct. You were admitted to the bar of this court in 1971, and as a...
Colorado v. Borquez - 3/14/1988
JUSTICE LOHR delivered the Opinion of the Court.
The Colorado Department of Revenue, Division of Motor Vehicles (department), revoked the driver's license of the respondent, Mickey Lee Borquez, based on the determination of a...
Safeway Stores Inc. v. Industrial Claim Appeals Office - 3/3/1988
Opinion by JUDGE JONES
Safeway Stores, Inc., employer, seeks review of an order of the Industrial Claim Appeals Office (Panel) which awarded unemployment compensation benefits to Amos E. Varos, claimant. We affirm.
Employer...
People v. May - 11/2/1987
JUSTICE ERICKSON delivered the Opinion of the Court.
In this disciplinary proceeding the Supreme Court Grievance Committee has recommended that the respondent, Thomas H. May, be suspended from the practice of law for six months...
People v. Rogers - 10/5/1987
JUSTICE ERICKSON delivered the Opinion of the Court.
This is an appeal from a district court order dismissing felony charges against the defendant, David Rogers, for possession, cultivation, and conspiracy to cultivate marijuana...
Colorado Department of Revenue v. Kirke - 9/14/1987
JUSTICE VOLLACK delivered the Opinion of the Court.
The Motor Vehicle Division of the Colorado Department of Revenue [hereinafter DMV] appeals from the court of appeals' decision in Kirke v. Colorado Department of Revenue, Motor...
Colorado Division of Revenue v. Lounsbury - 9/14/1987
JUSTICE VOLLACK delivered the Opinion of the Court.
The Colorado Department of Revenue, Motor Vehicle Division [hereinafter DMV], appeals from the court of appeals' unpublished opinion, Lounsbury v. Colorado Division of Revenue,...
Jolly v. People - 9/8/1987
CHIEF JUSTICE QUINN delivered the Opinion of the Court.
Jerry W. Jolly (defendant) was convicted by a county court jury of driving while license revoked in violation of section 42-2-130, 17 C.R.S. (1984), and his conviction was...
Priday v. People - 9/8/1987
CHIEF JUSTICE Quinn delivered the Opinion of the Court.
We granted Leroy F. Priday's petition for certiorari to consider whether the District Court of Jefferson County erred in holding that the compulsory joinder statute, § ...
People v. Wright - 9/8/1987
CHIEF JUSTICE QUINN delivered the Opinion of the Court.
We granted the People's petition for certiorari to review a judgment of the District Court of Jefferson County, which affirmed a county court dismissal of state misdemeanor...
People v. Hickox - 8/6/1987
Opinion by CHIEF JUDGE ENOCH
Defendant, Paul Bruce Hickox, appeals the judgments of conviction entered after jury verdicts of guilty of two counts of vehicular assault and the lesser included offenses of driving under the...
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