Colorado’s Express Consent Law: Turbyne v. People

Award-winning broadcast journalist and attorney Shawn Gillum obtained his juris doctor from the University of Denver Sturm College of Law. While working with Isaacson Rosenbaum PC in Colorado as an attorney, Shawn Gillum researched, authored, and argued a landmark case before the Colorado Supreme Court, published at Turbyne v. People, 151 P.3d 563 (Colo. 2007).

When stopped by police in Aurora, Colorado, in 2005, Glenn Turbyne requested a blood test rather than a breath test to determine his blood-alcohol level at the time. However, due to the poor weather conditions and a particularly busy night for paramedics, no qualified person could be found to do the blood draw within the required 2-hour time frame. A deputy then told Turbyne that he had to take a breath test or his license could be revoked for a full year, and the resulting test found his blood-alcohol level to be more than twice the legal limit. An Arapahoe County judge later dismissed the DUI charges on the grounds that bad weather was not an excuse for failing to comply with Turbyne’s request for a blood test. The charge was later reinstated by a district court judge, which Turbyne appealed.

In a 4-3 ruling, the Colorado Supreme Court upheld the DUI charge, but held that the breath test results must be thrown out. The court felt the deputy in question misstated the express consent law, coercing Turbyne into taking the breath test with threats. Colorado’s express consent law means that any individual operating a motor vehicle anywhere in the state of Colorado is consenting to take breath or blood tests to determine the blood-alcohol content of their blood. Before this case, law enforcement officers were required to give an advisement to drivers suspected of DUI or related offenses.

Landmark Colorado Supreme Court Case Centered on DUI Law

With experience as a news reporter and attorney, Shawn Gillum has represented a wide range of clients. One landmark Colorado Supreme Court case Shawn Gillum briefed and argued was Turbyne v. People, 151 P.3d 563 (Colo. 2007).

The case centered on the 2005 arrest of Glenn Turbyne, who was discovered by law enforcement in Aurora at 1:30 in the morning, passed out in a car’s driver’s seat in an intersection. Turbyne had the right under the state’s express-consent law to request either a breath or blood test. Turbyne chose a blood test. However, due to inclement weather and high call volume, no firefighter or paramedic was available to assist the responding officer in undertaking the requested blood draw, so the officer told Turbyne he was required to take a breath test or his refusal would be treated as a refusal.

Under the circumstances of Turbyne’s case, Colorado law provides that suspected drunken drivers can request either of the two admissible tests and cannot be compelled to take one of the inebriation tests. For this reason, the state Supreme Court threw out the breath-test evidence.

At the same time, the court held that the case against Turbyne would not be dismissed, due to the “extraordinary circumstances” that made the requested blood test unavailable. While the breath test could not be used in court if the case proceeded, testimony related to Turbyne’s poor roadside sobriety test performance and his bloodshot, watery eyes would be admissible.

Representing Turbyne, Mr. Gillum sided with a dissenting judge and noted that he would request that the court reconsider its ruling and move to dismiss the case.

Super Lawyer Rising Stars Show Early Achievement

An accomplished professional with experience in journalism and law, Shawn Gillum previously served as an associate attorney with The Orr Law Firm, LLC, in Denver, Colorado. Professionally acknowledged for excellence in the practice of law, Shawn Gillum was named to the Colorado Super Lawyer Rising Star list in 2013.

Spanning 70 practice fields, the Super Lawyer rating system relies on peer recommendations and professional achievement to recognize lawyers who have performed at an outstanding level. The Rising Star award specifically honors professionals whose legal accomplishments transcend their age. Winners must be under age 40 or have been practicing for less than 10 years. While up to 5 percent of a state’s lawyers meet criteria for Super Lawyer status, less than 2.5 percent are honored as Rising Stars.

The Super Lawyers Rising Stars list not only recognizes accomplishments in the legal field, but acknowledges what candidates might contribute to the legal profession in the future. For more information about selection criteria, visit www.superlawyers.com.

Kalamazoo Shooting Rampage Led to Life in Prison

For nearly 10 years, Shawn Gillum practiced criminal law, both as prosecutor and defense lawyer. Later, Shawn Gillum joined WOOD TV8 as a reporter and provided on-air legal analysis for high-profile cases, such as the Kalamazoo Uber shooting rampage trial.

On February 20, 2016, six people were killed and two others seriously injured within five hours in Kalamazoo, Michigan, when they were randomly shot by an Uber driver who picked up and dropped off passengers as if nothing unusual happened within that span of time. Three years later, Jason Dalton pleaded guilty to six counts of first-degree murder and two counts of assault with intent to commit murder. He was sentenced to life in prison without possibility of parole.

Dalton’s first victim was Tiana Carruthers, then 25 years old, in an apartment complex parking lot. Carruthers survived the shooting. After four hours, he shot 53-year-old Richard Smith and his 17-year old son Tyler at a car dealership. Then, he opened fire in the parking lot of a Cracker Barrel restaurant, where he shot Mary Lou Nye, 62 years old; Mary Jo Nye, 60 years old; Barbara Hawthorne, 68 years old; Dorothy Brown, 74 years old; and, Abigail Kopf, 14 years old, who also survived the shooting.

During police interrogation, Dalton blamed the Uber app, saying it guided him in killing his victims. He said that the moment he logged on to the ride-sharing app, it literally took over his mind and body, giving him assignments he had to complete.

The shootings led Uber to launch a critical safety response line, which provided riders with a phone number to contact the company in emergency situations. A new feature also included direct connection with 911 through the app.

Three of the Best Lake Michigan Beaches in the Wolverine State

Experienced in both news reporting and law, Shawn Eric Gillum most recently worked at Wood TV8 in Grand Rapids, Michigan, where he reported on breaking news and provided on-air legal analysis of high-profile cases. In his free time, Shawn Eric Gillum enjoys spending time at Lake Michigan beaches. The following are a few of the best places to visit along the lake:

1. Grand Haven – Located just west of Grand Rapids, Grand Haven features a beautiful 48-acre state park. This beach also includes a long boardwalk that goes to the center of Grand Haven.

2. Oval Beach – This Saugatuck beach features a large pier offering great views of not only the lake but also the Kalamazoo River. A family-friendly beach, Oval Beach offers picnic tables, play areas, showers, concession stands, and barbecue areas.

3. Sleeping Bear Dune National Lakeshore – Considered one of the most beautiful places in the country, Sleeping Bear Dune National Lakeshore offers 60 miles of shoreline. In addition to its huge dunes dropping down into the water, this park features inland lakes and excellent hiking through lush forests.