People v. Montoya
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The case involves Glen Gary Montoya, who was arrested on suspicion of driving under the influence (DUI). After initially agreeing to a blood test, Montoya later refused. However, after the nurse left, he changed his mind and requested to take the test. The test was not conducted. At trial, the prosecution sought to use Montoya’s refusal as evidence of consciousness of guilt. Montoya was found guilty of DUI and careless driving.
The Colorado Court of Appeals concluded that if a criminal court determines that a driver refused testing, that determination must be based on the law of refusal that has developed in the administrative, license-revocation context. The court also concluded that if the prosecutor seeks to use as evidence a defendant’s refusal of a chemical test, but the defendant disputes refusal, the entire circumstances surrounding the defendant’s test-taking must be submitted for the jury’s consideration. The court reversed Montoya’s DUI conviction and remanded for a new trial.
The Supreme Court of the State of Colorado disagreed with the lower court's interpretation of the law of refusal. The Supreme Court held that criminal DUI trials are governed by the same evidentiary rules as any other criminal trial. Therefore, criminal courts are not bound by the law of refusal that governs administrative, license-revocation hearings. The court also concluded that the district court erred by admitting evidence of Montoya's refusal to submit to testing and excluding evidence of his subsequent request for testing. The Supreme Court affirmed in part and reversed in part the decision of the lower court, remanding the case for a new trial.
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