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Rob Corry Letter About Senate Bill 12-117

Rob Corry Letter About Senate Bill 12-117

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Published by: Nick on Feb 27, 2012
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02/27/2012

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VIA ELECTRONIC MAIL
February 27, 2012The Honorable Rollie Heath, Chair and MembersState, Veterans, and Military Affairs CommitteeColorado State CapitolDenver, Colorado 80202rollie.heath.senate@state.co.us,bob.bacon.senate@state.co.us, betty.boyd.senate@state.co.us,kevin.grantham.senate@state.co.us, tim.neville.senate@state.co.us, steve.king.senate@state.co.us 
Re: Senate Bill 12
 — 
117, Penalties for DUI Offenses
Dear Chairman Heath and Members:There are many reasons to oppose Senate Bill 12-117, which would create a
 per se
 Driving Under the Influence (
DUI
) criminal offense for drivers with over fivenanograms of tetrahydrocannabinol (
THC
) in their blood. You have already received,and will receive at the committee hearing this afternoon, mountains of evidence andtestimony that the bill is not warranted from a scientific, logical, or factual standpoint,evidence which need not be repeated here in this letter.From the standpoint of a courtroom litigator who has represented Coloradoanscharged with criminal DUI offenses, my clients and I are strongly opposed to this bill andurge a
no
vote, because if passed, the Legislature would be substituting its judgment forthe reasoned judgment of Colorado citizens who serve on juries and of judges.One case I tried to a jury last year illustrates the point. In People v. Solimeo,Gunnison County Court Case No. 10T288, the driver had ten nanograms of THC in hisblood after a blood test conducted by the Colorado Bureau of Investigation, which cameinto evidence. There was no accident or victim whatsoever in the case. Mr. Solimeo
sperformance on voluntary roadside tests was not perfect, but easily attributed to highwinds frequent in Gunnison (even the sober State Patrol Trooper could not performphysically-demanding roadside tests perfectly in the courtroom when I asked him to do).

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