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Follow on Google News | Court of Appeals reverses DUI Law and eliminates primary issues for most DMV hearingsIn a major change to 25 years of Colorado DUI law, a divided panel of the Court of Appeals decided on July 5, 2012 that one major issue in most DMV hearings for drivers accused of DUI, and eliminated the defense of reasonable suspicion.
The language of the opinion indicates that the statute in effect for the previous 21 years does not contain an express requirement that the Department of Revenue determine issues like reasonable suspicion for the vehicle contact by police. The opinion by the Court of Appeals runs 51 pages, and includes a dissent by a Judge Taubman, who noted the legislature's intent in drafting the statute on license revocation allows for such challenges directly, and on issues like probable cause mentions them expressly. Judge Taubman also noted the long history of the statute and case law already allowing for such decisions, like a lack of reasonable suspicion for initial contact with a driver, and indicated the previous court decision on the same topic did not likely 'misread' the statute on the issue, and that the courts have repeatedly affirmed those decisions. The entire case linked here: http://www.cobar.org/ For additional questions or if you have issues with Department of Revenue actions against your Colorado driver's license, or if you are charged with a Colorado DUI, contact us at http://denverlawshark.com End
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