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A Colorado Supreme Court order dealing with the exclusionary rule and driver license DMV
The Department of Revenue, through the Division of Motor Vehicles, revoked a driver’s license, following a hearing officer’s determination that the driver had driven a motor vehicle with a blood alcohol content in excess of the statutory maximum. The district court reversed, holding that the initial stop of the driver’s vehicle was not supported by reasonable suspicion. The court of appeals reversed the district court and held that the legality of the initial contact between the police and the driver was not relevant in the civil administrative proceeding to revoke the driver’s license. The court also held that the exclusionary rule did not apply to suppress evidence of the driver’s BAC. The supreme court holds that, under section 42-2-126, C.R.S. (2011), “probable cause” in the context of the driver’s license revocation statute, as it existed at the time of the hearing in this case, refers to the quantum and quality of evidence necessary for a law enforcement officer to issue a notice of driver’s license revocation, not whether the officer’s initial contact with the driver was lawful. The supreme court further holds that the exclusionary rule did not apply to suppress evidence of the driver’s BAC in the driver’s license revocation proceeding. Accordingly, the supreme court affirms the judgment of the court of appeals.
UNOPPOSED MOTION TO CONVERT DEFERRED JUDGMENT AND SENTENCE TO UNSUPERVISED DEFERRED JUDGMENT AND SENTENCE
UNOPPOSED MOTION TO CONVERT DEFERRED JUDGMENT AND SENTENCE TO UNSUPERVISED DEFERRED JUDGMENT AND SENTENCE
UNOPPOSED MOTION TO PERMIT ADDITIONAL PERIOD OF OUT OF STATE TRAVEL FOR EXCHANGE OF CHILDREN FOR PARENTING TIME
UNOPPOSED MOTION
TO PERMIT ADDITIONAL PERIOD OF OUT OF STATE TRAVEL FOR EXCHANGE OF CHILDREN FOR PARENTING TIME
The Court had previously granted a client on bond time to travel out of state, this motion was filed to ask court for extended time to exchange the children for parenting time.
Motion for 404B Notice
the motion requests that the Court Order the prosecution to provide notice in advance of trial that conforms to the standards set forth in People v. Spoto. Further, if the prosecution seeks to introduce such evidence, the Defendant moves that a hearing on the admissibility of such evidence be held sufficiently in advance of trial in order to afford counsel adequate time to confront the proffered evidence.
MOTION FOR OUT-OF-STATE WITNESS TO APPEAR BY PHONE
MOTION FOR OUT-OF-STATE WITNESS TO APPEAR BY PHONE
MOTION FOR SPECIFIC DISCOVERY: DUI Case
MOTION FOR SPECIFIC DISCOVERY: TROOPER EVIDENTIAL BREATH ALCOHOL TEST (EBAT) OPERATOR
CERTIFICATION
MOTION TO SUPPRESS BREATH TEST RESULT DUE TO FRAUDULENT CERTIFICATION
MOTION TO SUPPRESS BREATH TEST RESULT DUE TO FRAUDULENT CERTIFICATION
MOTION FOR JUDICIAL DETERMINATION OF THE ADMISSIBILITY OF DEFENDANT’S PRIVATE PORTABLE BREATH TEST RESULT
MOTION FOR JUDICIAL DETERMINATION OF THE ADMISSIBILITY OF DEFENDANT’S PRIVATE PORTABLE BREATH TEST RESULT
MOTION FOR SPECIFIC DISCOVERY
MOTION FOR SPECIFIC DISCOVERY: EVIDENTIAL BREATH ALCOHOL TEST (EBAT) OPERATOR CERTIFICATIONS AND DISPATCH TAPE
MOTION TO SUPPRESS ILLEGAL STOP, INVOLUNTARY ROADSIDE TESTS, WARRANTLESS ARREST, STATEMENTS AND INVOLUNTARY BREATH TEST
MOTION TO SUPPRESS ILLEGAL STOP, INVOLUNTARY ROADSIDE TESTS, WARRANTLESS ARREST, STATEMENTS AND INVOLUNTARY BREATH TEST
Motion for Sanction and/or to dismiss for destruction of evidence
A motion filed in this case, when it was determined by the defense team that a video surveillance was not obtained by the investigators or DA until it was to late. The judge denied the motion in part but allowed defense to use the lack of obtaining the evidence in their case.
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Order Re: Family Partnership
Great decision handed down by Denver District Court judge Regarding a claim a son made against his father for his share of real estate. Son/ Plaintiff claimed there was a family partnership that owned real estate, Father/Defendant denied a partnership and claimed he owned all the real estate separate. Judge agered that there was no partnership
PLAINTIFF’S MOTION TO STRIKE DEFENDANTS’ NONPARTY DESIGNATIONS
PLAINTIFF’S MOTION TO STRIKE DEFENDANTS’ NONPARTY DESIGNATIONS