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A Colorado State Patrol officer withheld exculpatory video…

A Colorado State Patrol officer...
A Colorado State Patrol officer withheld exculpatory video evidence from a DMV hearing that later caused my DUI case to be thrown out of criminal court.The video evidence refutes the documented police report at almost every point.The trooper also committed several rights violations including searching my vehicle without consent (I specifically stated my non-consent) after I was in custody. He also transferred me to the custody of the local sheriff's office and then went back to my vehicle on private property and had it towed so he could conduct a second search of my private property.I've exhausted appeals and the district court essentially states that they don't have jurisdiction over the DMV and that my attorney should have demanded the video evidence at the DMV hearing.My understanding is the Express Consent law REQUIRES probable cause for a DUI investigation to be initiated. The video that was withheld clearly indicates lack of probable cause for the initial stop as well as refuting the subsequent basis for charging me with a DUI.1. I believe that I was denied due process.
2. I believe that the Express Consent law is unconstitutional in its application, especially as it precedes the criminal case in which the court found no basis to charge me.
3. I believe the trooper violated my rights when searching my vehicle and subsequently towing and searching my vehicle a second time.
4. I believe my attorney may have made an error that cost me my driving privileges and now is costing me thousands of dollars in ongoing costs.What are my possible actions at this point?
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Answered in 49 minutes by:
3/19/2018
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 117
Experience: Associate at Martin and Wagner, P.A.
Verified

Express consent sounds like the implied consent procedure here in Minnesota. Essentially by driving a MV you are consenting to submit to testing and if you do not you can be further punished. There are also driver's license consequences that follow as well. Does that sound about right?

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Customer reply replied 4 months ago
Here's my issue: Express consent in Colorado specifically states that when a LEO has "probable cause" to request a BAC test be performed, then a suspect must submit to said request.
I am going to attached a copy of the video that the trooper withheld from the DMV hearing. The hearing was held by telephone, prior to the criminal case being dismissed because the video was submitted to the Judge and D.A.
Customer reply replied 4 months ago
Please give me a moment to prepare the video for upload.

OK. I can certainly take a look at it. In Minnesota, the procedure is for a separate civil hearing before a judge to address the legality of the stop if you challenge the license revocation. However, the hearings aren't unitary. It doesn't matter what happens to the criminal charge, including dismissal, if you don't challenge the license revocation. And the judges could come to different conclusions in the criminals vs. license revocation context.

Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 117
Experience: Associate at Martin and Wagner, P.A.
Verified
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