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MCCLUSKEY LAW ​ OFFICE

​CRIMINAL DEFENSE 303-698-1603



MCCLUSKEY LAW OFFICE is a criminal defense law office dedicated to protecting the rights of individuals charged with crimes.  M. E. McCluskey, Esq. is available to represent clients charged with  FELONIES and or MISDEMEANORS in Arvada, Aurora, Bennett, Beyers, Boulder, Breckenridge, Brighton, Broomfield, Castle Rock, Centennial, Cherry Creek, Denver, Edgewater, Engelwood, Federal Heights, Fort Collins, Fort Lupton, Fort Morgan Greeley, Greenwood Village, Frederick, Highlands Ranch, Kiowa, Lakewood, Lakeside, Littleton, Lochbuie, Lodo, Longmont, Louisville, Loveland, Northglenn, Parker, Platteville, Sheridan, Strasburg, Thornton, Telluride, Vail, Watkins, Westminster, Wheat Ridge, Windsor, Front Range communities and ADAMS, ARAPAHOE, BOULDER, BROOMFIELD, CLEAR CREEK, DENVER, DOUGLAS, EL PASO, GILPIN, JEFFERSON, LARIMER, and WELD counties.

January 2016   Colorado Bureau Of Investigation Admits Dozens Of Faulty DUI Blood Tests but has yet to disclose what caused these errors.

http://denver.cbslocal.com/2016/01/11/colorado-bureau-of-investigation-admits-dozens-of-faulty-dui-blood-tests/

"Medina declined to say if the problem was human error, testing equipment, or some other factor...

The CBI opened labs in July 2015 in Pueblo and Grand Junction and since then has done about 1,500 DUI blood tests for the Colorado State Patrol and other law enforcement agencies. Medina said the faulty tests amounted to about 4 percent of the DUI testing the labs have conducted since last July.The CBI said it learned of its erroneous lab results “in recent months“ when an independent lab checked two blood samples that had also been tested by the CBI and the  independent lab — ChemaTox — discovered what the CBI calls “anomalies.”"



HB 15-1043   August 2015

First Regular Session - Colorado Seventieth General Assembly

A bill to make certain repeat DUI offenses into felonies was enacted by the Colorado legislature.  House Bill 15-1043 focuses on DUI repeat offenders.  Under certain circumstances individuals with a fourth DUI offense can be charged with a class 4 felony for driving under the influence. 


Driving with an ignition interlock device.

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CASE LAW UPDATE

Navarette v. California

​After hearing oral arguments on January 21, 2014 the U.S. Supreme Court began crafting a decision on this Issue:  Whether the Fourth Amendment requires an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate dangerous driving before stopping the vehicle.  Up until now an officer is required to corroborate an anonymous tip prior to stopping a vehicle.  The officer is required to have a reasonable suspicion that a crime is being committed. 

House Bill 14-1061 Prison sentences for failure to pay fines.  Current law provides that part of a criminal sentence must include a sentence to prison if an individual criminal defendant fails to pay a fine.  This bill changes this requirement so that the sentence must include notice that if a defendant willfully fails to pay a fine, cost, restitution, or other monetary payment, the court may hold the person in contempt of court and sentence the person to prison.  The bill provides that when the court imposes a monetary payment as part of the sentence, the court must notify the defendant that if he or she is unable to pay the amount ordered, the defendant may ask the court for a waiver or change in the payment.

House Bill 14-1035 - Restitution - This bill states that an order of restitution that is part of a deferred judgment can be collected by the court until the judgment is satisfied even after the deferred judgment has been dismissed.

House Bill 14-1036: §42-4-1307(8) Courts are encouraged to require the person to use an approved ignition interlock device as a condition of bond and/or probation and participation in programs pursuant to section 18-1.3-1-06, C.R.S..