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The Rocky Mountain Criminal Law Update

Volume 1, Issue 1 – Summer 2009
© 2009 Tiftickjian Law Firm, P.C.

Welcome to the first edition of the Rocky Mountain Criminal Law Update. The purpose of this quarterly newsletter is to provide updates, analysis and discussion of hot topics in Colorado criminal, DUI and traffic law.

2009 LEGISLATIVE UPDATE HIGHLIGHTS

by Jay Tiftickjian

I. Elimination of driver’s license suspensions for drug convictions in Colorado

Effective August 5, 2009, House Bill 09-1266 eliminates mandatory driver’s license suspensions for non-driving convictions in Colorado. Prior to the enactment of this law, a person convicted of or who entered into a deferred judgment and sentence for a felony drug offense or marijuana offense was forced to surrender his or her driver’s license. This bill eliminates the loss of driving privileges upon conviction for the following offenses:

Convictions involving marijuana
Convictions for unlawful possession, use, distribution, manufacturing, dispensing and sale of a controlled substance
Criminal mischief convictions involving defacing property (i.e., graffiti cases) or damage to a motor vehicle

This change in the law has the most positive impact for people rebounding from a drug conviction. Prior to the enactment of this bill, persons convicted of a drug offense had to recover from the devastating impact of the conviction and sentence without the ability to legally drive to support themselves and their families. This bill enables drug offenders to move on and provide for themselves and their families without the additional hardship of not having a driver’s license. Unfortunately, the law is not retro-active to benefit those currently serving a license suspension based on a drug conviction.

II. Increased time served credit calculation in Colorado

Effective this summer, House Bills 09-1263 and 09-1351 increased the time credit calculation (good time credit) for persons serving a county jail sentence, prison sentence and on parole. H.B. 09-1263 provides that, as of August 5, 2009, an inmate serving a county jail sentence is entitled to a deduction of two days in any thirty-day period, rather than for each calendar month. This calculation also increases with the requirement that each county sheriff develop and implement an earned-time credit program and schedule. Effective June 1, 2009, H.B. 09-1351 increases the amount of earned time from 10 days to 12 days per month for inmates serving a prison or parole sentence for a class 4, 5 and 6 felony that is not subject to victim’s rights protection, is not a child prostitution crime, and is not a crime involving a dangerous weapon, explosive, or incendiary device.

III. Mobile phone use while driving in Colorado

Effective June 1, 2009, House Bill 09-1094 prohibits the use of a wireless device to send text messages or emails while operating a motor vehicle. In addition, all drivers under the age of 18 are prohibited from using a cell or mobile phone while driving. Unlike Colorado’s DUI statutes, “operating a motor vehicle” in this law does not refer to using a mobile phone while the vehicle is at rest but running in a parking lot or at the side of the road. This law also allows for the use of a cell or mobile phone in an emergency situation, or to report the commission of a criminal act.

Colorado does not prohibit driving while talking on a cell or mobile phone for drivers 18 years and older. Many states prohibit the use of a cell or mobile phone without a hands-free device, and it is only a matter of time until Colorado follows this trend.

This newsletter does not provide specific legal advice. If you require legal advice or assistance, you should seek the services of a competent criminal attorney. © 2009 The Tiftickjian Law Firm, P.C.

The Tiftickjian Law Firm, P.C. provides DUI and criminal defense in the state of Colorado including Adams County, Arapahoe County, Boulder County, Broomfield County, Denver County, Douglas County, Jefferson County and Summit County. These areas include Denver, Englewood, Aurora, Littleton, Centennial, Highlands Ranch, Castle Rock, Golden, The Denver Tech Center, Lakewood, Englewood, Fort Collins, Arvada, Brighton, Westminster, Thornton, Superior, and across the Front Range. If you have been charged with a criminal, DUI or traffic offense in the state of Colorado, contact the Tiftickjian Law Firm, P.C. for a complimentary consultation.

Our law offices are located at 3801 East Florida Ave, Suite 400, Denver, CO 80210
Phone: (303) 991-5896

People v. Mr. M. – DUI, Speeding
• Not Guilty
People v. Mr. L. – First Degree Assault, Kidnapping
• Not Guilty
People v. Mr. K. - DWAI, Weaving
• Not Guilty
People v. Ms. W. - Grand Jury Indictment: Felony Drug Possession
• Dismissed
People v. Mr. G. - DUI, Hit and Run
• Dismissed
People v. Mr. S. - Felony Child Abuse
• Not Guilty
People v. Mr. S. - Careless Driving Causing Death
• Not Guilty
People v. Ms. W. - DUI-Drugs
• Dismissed
People v. Mr. C. - Possession with Intent to Distribute Cocaine
• Dismissed
People v. Mr. B. - Reckless Driving, Speed Contest
• Not Guilty
People v. Mr. P. - First Degree Assault, Burglary
• Not Guilty
People v. Ms. A. - Child Abuse, Reckless Endangerment
• Not Guilty
People v. Mr. M. - Third Degree Assault, Domestic Violence
• Not Guilty

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The purpose of this website is to promote The Tiftickjian Law Firm, P.C., and the nature of its legal practice. While this website may also provide information about developments in the law, discussions of legal scenarios, and references to other attorneys and services, the information and hyperlinked websites contained in this website are intended for general informational purposes only and do not constitute legal advice.

By providing a representative list of past cases handled by The Tiftickjian Law Firm, P.C. and Jay Tiftickjian, there is no guarantee or representation that another situation with the same or similar charges will have the same or similar result. The Tiftickjian Law Firm, P.C., or any of its attorneys, cannot guarantee a specific result in a criminal case or legal situation.

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