HB 13-1077 Concerning A Driver’s Right to Challenge the Lawfulness of A Law Enforcement Officer’s Initial Contact in An Administrative Proceeeding for a Revocation of a Driver’s License
In July of 2012, the Court of Appeals in Francen v. Colorado Department of Revenue,10CA2382 determined that questions as to the legality of the initial stop and subsequent arrest were not relevant in a DOR revocation proceeeding. Colorado Criminal Defense Bar (CCDB) members who practice DUI law were understandably upset by this case. In response the CCDB legislative team made this legislation a priority, found sponsors, and shepherded this bill through the process. This bill became law upon signature on May 11th and one of our members has already secured a victory for his client at a DOR hearing as a result of this change.
HB 1077 as law:
- Makes implicit that a driver can raise the issues as to the legality of the initial contact and subsequent arrest during the revocation hearing.
- Returns to the status quo of Peterson v. Tipton, 833 P.2d 830 (Colo. App. 1992).
- Provides the opportunity for a full hearing and presentation of defenses at a DOR administrative hearing.
- http://www.leg.state.co.us/clics/clics2013a/csl.nsf/fsbillcont3/434C496C4AC9632787257AEE0058323F?Open&file=1077_enr.pdf
About our DUI Lawyers
Our DUI lawyers at Folkestad Fazekas Barrick & Patoile, P.C. have been assisting those facing DUI and DWAI charges or other in the Douglas County area for over forty years. Our criminal lawyers serve individuals throughout Colorado who are facing DUI and DWAI as well as DUI-D charges in Colorado. Our DUI lawyers will work for you to achieve the best result possible in your case and to protect your rights and your license. Read about our DUI representation.
