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 – Vehicular Assault Laws

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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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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.

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A New Law Signed by the Colorado Governor in June of this year — mandates certain conditions of bond be expanded to cover a number of new crimes. Previously, these conditions of bond were applied primarily in Colorado Domestic Violation Cases — the New Law expands the use of these conditions to the crimes listed below.. It is worth noting the importance of this new law as greatly increasing the costs of and difficulty in complying with a pending – UNPROVEN – Colorado criminal case.

Here is a Summary of the new Law / Legislation

The bill expands to all crimes subject to the Victims’ Rights Act the courts’ discretion to add the following restrictions, currently only available in domestic violence cases, to mandatory protection orders issued to defendants at the time of arraignment or first court appearance:

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A Recent Denver Post article points out an anomaly in the law

” End incentive for fleeing scene of a bad accident”

The scenario is this. Intoxicated driver gets into an accident. Realizes that if he or she stays at the scene and calls the police as the law requires – they will be charged with DUI.