H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.

Articles Posted in DUI -Reasonable Suspicion

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Colorado Vehicle Homicide.jpgThe Charge of Vehicular Homicide – Manslaughter

The most devastating charge facing an individual who has made the unfortunate decision to drink and drive – is the charge of vehicular homicide. Colorado courts punish this crime much more harshly than several decades ago when I first starting prosecuting these cases. Back then – in the 1980’s and 1990’s – probation – possibly some jail and alcohol treatment of course was the “standard sentence.”

Today the sentence is much more harsh. It may be a sentence to probation with jail – usually the maximum of 2 years with work release authorized. Or more typically – in the more aggravated cases – it is a sentence to prison.

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by Colorado DUI – DWAI Criminal Defense Lawyer – H. Michael Steinberg

On December 20, 2012 – the Colorado Supreme Court reaffirmed a rule of law – specific to Colorado and a few other states – that permits the police to charge a citizen with a DUI for sleeping in a parked car in a private parking lot.

Here are the facts of Tate v. People:

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The Boulder Diagonal Highway was the scene of a devastating accident involving a driver going the wrong way and allegedly under the influence at the time.

Dean Carlson was bound over for trial after a preliminary hearing in a Boulder County courtroom. Carlson’s vehicle crashed head on into and an oncoming car and injuring two people — including one man who is not expected to survive.

The Colorado Crimes Charged At This Point – Is Vehicular Assault 18-3-205

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The statewide “campaigns” known as sobriety DUI checkpoints to catch alleged drunk drivers is on again this Labor Day 2012. The idea is to “crack down on drinking and driving” but the question is always asked if these stops – not based on bad driving or any other illegal activity – are constitutional.. are they legal?

Unfortunately -yes they are. I have written extensively on Colorado DUI Sobriety Checkpoints and these roadblocks – if conducted properly – will not be struck down…. which begs the question.. If you have been arrested and charged – was YOUR Colorado Sobriety Checkpoint conducted pursuant to the guidelines set out by Colorado law? Always ask a Colorado criminal defense lawyer who practices in this area.

Since Memorial day this year the police have made 2,000 DUI arrests in Colorado utilizing the “sobriety checkpoint.” That is an average of 72 DUI arrests per day in the state.