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Drunk driver with multiple DUI convictions, hits police car head-on.

MGN

COLORADO SPRINGS, Colo. (KRDO) - Colorado Springs police said one of their officers was hit head-on by a suspected drunk driver on Academy Boulevard, late Friday night.

According to CSPD, one of their officers was responding to a call just before midnight and was starting to make a left-hand turn onto southbound Flintridge Drive from N. Academy Boulevard, when the officer's car was struck head-on by a vehicle traveling south in the northbound lanes of traffic.

Police said there were no injuries to either party, and there was only moderate damage to the police car. However, the suspected drunk driver was cited for multiple charges including Felony DUI, due to three prior alcohol-related convictions.

Crime / El Paso County Crime / Local News / News

Tom Massmann

Comments

5 Comments

  1. So this is,at least, strike 4. When is the court system going to say Enough and put this person away for a long time. Do it before they kill someone.

    1. I am pretty sure he can be looking at up to 5years in jail if they throw the book at him, which they should.

  2. Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-2-206. Driving after revocation prohibited

    (1)(a)(I) It is unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect.  Any person found to be an habitual offender, who operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect, commits a class 1 misdemeanor.

    (II) Notwithstanding the provisions of section 18-1.3-501, C.R.S ., any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both.  The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in section 18-1.3-501, C.R.S .  The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service.  In no event shall the court sentence the convicted person to probation.  Upon the defendant’s successful completion of the useful public service, the court shall vacate the suspended sentence.  In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II).

    (b)(I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses:

    (A) Repealed by Laws 2015, Ch. 262, § 4, eff. Aug. 5, 2015.

    (B) Repealed by Laws 2015, Ch. 262, § 4, eff. Aug. 5, 2015.

    (C) Reckless driving, as described in section 42-4-1401 ;

    (D) Eluding or attempting to elude a police officer, as described in section 42-4-1413 ;

    (E) Violation of any of the requirements specified for accidents and accident reports in sections 42-4-1601 to 42-4-1606 ;  or

    (F) Vehicular eluding, as described in section 18-9-116.5, C.R.S .

    (II) Aggravated driving with a revoked license is a class 1 misdemeanor, punishable as provided in section 18-1.3-501, C.R.S .;  except that a court shall sentence the offender to a mandatory minimum term of imprisonment of sixty days in the custody of a county jail.

    (III) If a defendant is convicted of aggravated driving with a revoked license based upon the commission of DUI, DUI per se, or DWAI pursuant to sub-subparagraph (A) or (B) of subparagraph (I) of this paragraph (b), as that crime existed before August 5, 2015:

    (A) The court shall convict and sentence the offender for each offense separately;

    (B) The court shall impose all of the penalties for the alcohol-related driving offense, as such penalties are described in section 42-4-1307 ;

    (C) The provisions of section 18-1-408, C.R.S ., shall not apply to the sentences imposed for either conviction;

    (D) Any probation imposed for a conviction under this section may run concurrently with any probation required by section 42-4-1307 ;  and

    (E) The department shall reflect both convictions on the defendant’s driving record.

    (2) For the purpose of enforcing this section in any case in which the accused is charged with driving a motor vehicle while such person’s license, permit, or privilege to drive is revoked or is charged with driving without a license, the court, before hearing such charges, shall require the district attorney to determine whether such person has been determined to be an habitual offender and by reason of such determination is barred from operating a motor vehicle on the highways of this state.  If the district attorney determines that the accused has been so held, the district attorney shall cause the appropriate criminal charges to be lodged against the accused.

    1. Sorry meant to post this statute, not the one above;
      § 42-2-202. Habitual offenders–frequency and type of violations

      (1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) of this section committed during a seven-year period or committed during a five-year period for separate and distinct offenses described in subsection (3) of this section;  except that, where more than one included offense is committed within a one-day period, such multiple offenses shall be treated for the purposes of this part 2 as one offense.  The record as maintained in the office of the department shall be considered prima facie evidence of the said convictions.

      (2)(a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:

      (I) DUI, DUI per se, or DWAI;

      (II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401 ;

      (III) Driving a motor vehicle upon a highway while such person’s license or privilege to drive a motor vehicle has been denied, suspended, or revoked, in violation of section 42-2-138(1) ;

      (IV) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws;

      (V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of a motor vehicle, or aggravated motor vehicle theft, as such offenses are described in title 18, C.R.S.;

      (VI) Conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601 .

      (b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph (a) of this subsection (2) shall be deemed to include convictions under any federal law, any law of another state, or any ordinance of a municipality that substantially conforms to the statutory provisions of this state regulating the operation of motor vehicles.  For purposes of this paragraph (b), the term “municipality” means any home rule or statutory city or town, a territorial charter city, or a city and county.

      (3) A person is also an habitual offender if such person has ten or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of four or more points each or eighteen or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of three or less points each in the operation of a motor vehicle, which convictions are required to be reported to the department and result in the assessment of points under section 42-2-127 , including any violations specified in subsection (2) of this section.

      (4) For the purpose of this section, the term “conviction” has the meaning specified in section 42-2-127(6) and includes entry of judgment for commission of a traffic infraction as set forth in section 42-4-1701 .

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