Felony DUI 4th and felony DWAI 4th | People V CG

Big thank you to those jurors for staying true to their doubts and not being swayed by the client’s history.

Client was 65 years old with significant medical issues that required lots of medication. She was not used to driving far and her flight got cancelled when she finally made the 2 hour drive to Grand Junction. She turned around and started the long drive back. Stopped for some Mexican food and had a Bloody Mary. As she pulled off to get gas later in the afternoon, she fell asleep at the gas station. Concerned citizens called a Trooper over. Trooper smelled alcohol, saw her bad parking job, and saw her record. Called for local PD. When local DeBeque PD showed up, Trooper told them: I’m pretty sure she’s pretty drunk. Starting the snowball. DeBeque PD put her through the SFSTs, which due to her age and medical conditions she performed poorly. Arrested for DUI alcohol 4th. Found her meds in her purse and then asked for blood. Went fishing in her blood and found Hydrocodone, Clonazepam, Valium and cocaine byproduct.  The Valium and cocaine were later determined to be from her mouth surgery earlier that week. BAC was .059. So under the legal limit, lots of medication, 3 priors, and a bad video means you gotta go to trial.

Luckily, the jury saw through it and realized the police should have done better. Client hired expert, David Keech, to explain what should have been done on the police investigation. And, client hired Amanda Culbertson to explain how all of the medication was below levels of quantitation and there is no magic formula or number that would equate to intoxication.

As always, had a great time trying this case with local counsel, Denton Walker. We had a good time bringing out the truth.  Feels great to give a lady her life back. For 448 days she has been proclaiming her innocence.

Judge was fair and professional. He used to be a real trial lawyer himself. DAs knew what they were doing and gave a great fight. In the end, there was just too much doubt in this case. The jury followed the law and returned a just verdict.  Last but not least, thanks to God for orchestrating it all.