This does not preclude, however, a civil case should Leanne Saltar choose to pursue it. She has said she will continue to fight for justice for her son, and she hopes this tragedy serves as a message to other teens about drunk driving.

As statewide sponsors of Mothers Against Drunk Driving (MADD), we at Bachus & Schanker are saddened by these events. It’s unfortunate that it sometimes takes a tragedy to bring such an important issue to the forefront. We hope you never find yourself in Leanne Saltar’s shoes, but if you do, our experienced car accident attorneys can help you get the justice you and your loved ones deserve.

Alcohol-related deaths in the state have steadily declined since 2005. From 2008 to 2009 alone, overall traffic deaths decreased by 17.8 percent while alcohol-related traffic deaths decreased by 8 percent. This is thanks, in part, to drunk driving awareness programs like Tie One On For Safety, administered by Mothers Against Drunk Driving (MADD), an organization Bachus & Schanker is proud to support.

The statistics also revealed some alarming trends. While counties such as Yuma, Jackson, and Rio Blanco saw a significant decline in alcohol-related fatalities from 2008 to 2009, Fremont, Mesa, and Larimer counties had a 100 percent increase in fatalities where alcohol-impaired drivers were involved.

Particularly disturbing, though, was the number of traffic deaths in Jefferson County from 2005 to 2009. With 84 traffic deaths, it is the deadliest county in the state. On a positive note, however, during that same period, the number of alcohol-related traffic deaths in Jefferson County decreased by 67 percent. And from 2008 to 2009, the number dropped by 47 percent.

The report also reveals some interesting facts about drinking and driving victims. According to the Fatality Analysis Reporting System (FARS), a part of the NHTSA, in 2009, more than 75 percent of traffic deaths involving alcohol-impaired drivers occurred at night. In addition, men are four times more likely to die in accidents with drunk drivers.

The state of Colorado should be very proud that the number of DUI fatalities continues to decrease over time. However, some counties still have some work to do. Until drunk driving is completely eradicated, Bachus & Schanker is here to help if you or a loved one is injured in a car accident with a drunk driver.

In 1986, MADD began asking drivers to tie red ribbons to, or display red decals on their vehicles during the holiday season. The ribbons and decals serve as reminders to those drivers, and everyone who sees them, to drive safely during the holidays. This includes staying sober, buckling up, and being a cautious and safe driver.

If you’re interested in participating in the Tie One On For Safety program, red ribbons and decals are available from local MADD offices. If there’s not an affiliate near you, any red ribbon will do.

Showing support this way is a good start, but if you’d like to be more active in the cause, there are a few other things you can do:

• Host a party where you only serve non-alcoholic drinks.
• If you decide to serve alcohol, allow your guests to stay the night, be their designated driver, or call taxis to take them home at the end of the night.
• Offer to be the designated driver when going out with a group of friends.
• Start a designated driver program in your community.
• Above all, don’t let a friend or loved one drive a vehicle if they’ve had too much to drink, and don’t ever get into a vehicle with someone who is drunk.

In addition to all of these things, one of the best ways to speak out against drunk driving is to do just that. Talk to friends, family, and coworkers about the dangers of driving drunk. If you’ve ever been a victim of drunk driving, or know someone who has, share that experience with others to help them understand how devastating it can be, and how dangerous it is. Only through education and effort will drunk driving become a thing of the past.

Labor Day weekend brings an increase in alcohol-related vehicle accidents every year. Unfortunately, many of those accidents result in at least one fatality. People get together for barbecues and other celebratory events, which often involve serving alcohol. Those who drink may not realize how quickly they can become impaired, and they attempt to drive afterward. It’s important to remember that reaction time and attentiveness can be greatly reduced after just a couple of drinks.

In addition, younger people are more susceptible to alcohol, and can experience impairment with lower levels of alcohol in their bodies. In Colorado, a driver is considered to be driving while ability impaired with a blood alcohol content (BAC) of .05 percent. According to a medical study, male drivers between the ages of 16 and 20 are twice as likely to be fatally injured in a vehicle accident with a BAC of just .02 percent.

But intoxicated drivers aren’t the only drunk driving victims. Many times, in multiple vehicle crashes, it’s the sober driver or passengers who are injured or killed. Drunk drivers are also more likely to hit cyclists and pedestrians, or even to crash into buildings, injuring the people inside. This Labor Day weekend, take steps to ensure your safety, as well as the safety of others by taking a few preventative measures.

Stay Home

Rather than driving somewhere else to celebrate the holiday, create your own celebration at home. Plan a barbecue or a pool party in your back yard, and invite your friends and family over. If you serve alcohol, limit the amount you provide to prevent overindulging. Most importantly, don’t let anyone drive away from your home if they’ve had too much to drink. Either have them stay until they’ve sobered up or, if you have the room, let them stay the night. An unexpected house guest is a small inconvenience compared to someone you know and love getting into a car accident.

Don’t Overdo It

If you do go somewhere away from home for a Labor Day barbecue, and you drink while you’re there, don’t overdo it. Drink in moderation, perhaps limiting yourself to one alcoholic beverage per hour. Alternate drinks containing alcohol with a glass of water. This will not only reduce the amount of alcohol you consume, but keeping your body hydrated also helps prevent the negative, next-day effects of alcohol.

Be a Designated Driver

Work out an agreement with friends and family to take turns every year being the designated driver for your Labor Day event. When it’s your turn, stick to water, juice, or other non-alcoholic beverages. Don’t give in to having “just one” thinking it won’t make a difference. You may have to drive someone home at a moment’s notice.

Don’t Let Others Drive Drunk

Whether you’re the designated driver or not, don’t let friends or others you know get into their vehicles if they’ve had too much to drink. One of the biggest mistakes people make is thinking someone will be all right in the car because they’re only driving a short distance, or that they’re ok to drive because they’re not on the verge of falling down or passing out. It doesn’t take that much for a driver to be impaired. Drive them home yourself if you haven’t been drinking, or call them a cab. A taxi is a small expense. Being involved in a car accident, being injured, injuring others, or causing a death will not only entail expense, but possibly jail time, and the burden of living with such a horrible — and preventable — mistake.

With just a little planning, and some common sense, you can ensure you’re around to celebrate Labor Day with your friends and family this year, and every year to come.

Despite numerous witnesses who saw Long driving the wrong way and called 911, her own admission that she was drinking wine at a party before she got into her car, and the fact that Mary Warren is dead, Elizabeth Long is currently free on just $10,000 bond. This is the standard bond amount in Adams County, which has one of the highest DUI fatality rates in the state of Colorado. In fact, the county saw 20 DUI arrests over the 2010 Fourth of July weekend alone.

The Adams County District Attorney now has until July 20 to formally charge Long for her role in the accidents she caused, and in Mary Warren’s death. On that day, Long is scheduled to appear before a judge where she will hear the formal charges being made against her, and will have the opportunity to enter a plea.

Mary Warren no longer has any opportunities, but she is not just another drunk driving victim. Mary graduated this past May from Colorado State University. She double majored in political science, and journalism with a focus in public relations. She was holding down two jobs over the summer to save money. Her plan was to join the Peace Corps in August, and spend two years of her life helping the people of Kazakhstan.

Thousands of people like Mary die every year in alcohol-related vehicle accidents. Until drivers stop getting behind the wheel while drunk, the best the victims’ families can hope for is legal justice.

Jacobson is accused of losing control of her truck and sideswiping a taxi headed to Denver International Airport (DIA) and causing the crash that killed the two Connecticut librarians.

Jacobson did not stop at the crash scene and was arrested later at DIA. A blood alcohol test administered nearly 5 and a half hours after the crash showed Jacobson’s BAC (Blood Alcohol Level) to be .164 percent – more than double the Colorado legal limit of .08 percent. Jacobson’s lawyer contents that his client’s BAC could have been caused by cold medicine and that the crash occured when her dogs tried to jump over the seat to get to some food. Detectives at the scene testified that Jacobson was not aware that she had hit another vehicle.

Jacobson was arrested earlier this week when a parole officer spotted Jacobson

“get into a car and drive away after class. She drove away by herself in a light blue, late model BMW.”

According to court documents, the parole officer was attending the same Leadership and Ethics class held at Colorado Technical University as Jacobson.

As part of her bond, Jacobson was required to refrain from consuming alcohol which was monitored by an ankle monitor which measures alcohol secreted through the skin. After two strikes, Jacobson’s bond was revoked in April. During a March hearing evidence was presented that there were problems with Jacobson’s ankle monitor including that the device had been tampered with and that something had become lodged between the monitor and her skin. Then in April, authorities again detected activity in the ankle bracelet. Her attorney defended his client by claiming the nine hour spike was caused by floor cleaner. After bonding out on April 28, Jacobson’s ankle monitor showed a confirmed reading of alcohol consumption on July 8th.

Denver District Judge Sheila Rappaport ordered new testing requirements for Jacobson. She must now submit to breath-alcohol tests every four hours to a Sobrietor installed in her home. The device uses voice-recognition technology to ensure that Jacobson is taking the tests. Additionally Rappaport ordered Jacobson submit to random urine tests.

Jacobson has a history of traffic offenses dating back ten years, including 3 speeding citations and a crash in 2007 that sent a man to the hospital with a broken pelvis and other injuries.

She will remain at the Denver District Jail until a Denver District judge rules on revoking her bail. Let’s hope the judge has the good sense to keep Colorado drivers safe and keep Jacobson locked up.

Unlike contracting cancer or some other terminal illness, fatalities caused by a drunk driver are 100 percent preventable. Drunk driving is a choice. You cannot choose to get or not get cancer. You cannot choose to have or not have a heart attack. But you can choose to drive drunk.

It’s interesting to note, between the years 2002 and 2006, there were a total of 3,179 traffic fatalities and of those, 1,270 were alcohol related. That means 40 percent of people killed in a traffic accidents between 2002 and 2006 occurred because someone chose to drink and drive.

While actual fatalities attributed to drunk drivers may be improving, the statistics for illegal drivers, including drunk drivers and those who speed and drive recklessly, continue to be grim. According to a Denver Post article, there may be as many as 225,000 illegal drivers in Colorado. And these illegal drivers caused nearly one-fourth of all traffic deaths in Colorado last year. In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers.

Mothers Against Drunk Driving (MADD) will launch its annual, nation-wide “Tie One On For Safety” community awareness campaign later this month. The program, started in 1986, urges the public to drive safe, sober, and buckled up during upcoming holidays. MADD Colorado distributes over 20,000 of these red ribbons every year and hopes to increase that number with your help. Across the United States, MADD plans to distribute more than 6 million red ribbons in 2009.

How Can You Support MADD’s Tie One On For Safety Program?
-Display a red ribbon visibly in your vehicle or tied to your car keys. Red ribbons are available through your local MADD office or at the Law Office of Bachus & Schanker, LLC.
-Host parties responsibly by offering mocktails and other non-alcoholic beverages. You can also provide alternative transportation or accommodations for guests who have been drinking. MADD offers a Safe Party Guide.
-Designate a non-drinking driver before drinking begins.

While it’s encouraging that drunk driving fatalities are declining, let’s remember that when we see a DUI (Driving Under the Influence) fatality statistic – we’re talking about someone’s life – not just a number on a graph. Let’s Tie One On For Safety this holiday season!

In 2008, Colorado saw 548 people killed in motor vehicle crashes, and of those, 130 of these fatalities (24 percent) involved illegal drivers. According to the auditors’ report, only seven other states had a higher rate of fatal crashes involving illegal drivers last year.

Getting and keeping your driver’s license should be considered a privilege. In order to keep that license a driver must be a responsible driver. The state of Colorado may suspend or revoke your license for these reasons:
Speeding
Reckless driving
Drunk driving
Driving under the influence of drugs
Refusing to take a blood-alcohol test
Leaving the scene of a motor vehicle accident that resulted in an injury
Driving without liability insurance
Failing to keep current on child support payments
Exceeding points violations
Adults over 21: 12 points in 12 month or 18 points in 24 months
Adults ages 18 – 20: 9 points in 12 months, 12 points in 24 month or 14+ points before age 21
Minors under 18: 6 points in 12 months or 7 points before age 18

If your driver’s license has been suspended you may have it reinstated. If your license has been revoked, your driver’s license is completely nullified. After satisfying your legal obligations, you may be eligible to obtain a new license and retake the written and driving exams.

An audit was requested by Colorado state legislators last year after Francis Hernandez, an illegal immigrant and unlicensed driver was accused of speeding when he caused a car crash that killed three people. One of his victims was 3-year old Marten Kudlis, who was enjoying ice cream with his family in an Aurora Baskin Robbins. Hernandez, who was only 23 years old at the time of this car crash had already been arrested 16 times and jailed eight times for prior traffic offenses and misdemeanors from assault, theft, fraud, forgery, driving under restraint to resisting arrest. Francis Hernandez has never held a driver’s license in his life.

The Chairwoman of the legislative committee, State Rep. Dianne Primavera questioned why Hernandez had never been charged as a habitual traffic offender, a felony that can carry an eighteen month sentence.

“Was he ever imprisoned after eight of them and jail time?” she asked.

Peter Wier, executive director of the Department of Public Safety, answered that a habitual traffic offender felony can only be charged after three major traffic violations in seven years. These violations include drunk driving, vehicular assault or homicide or driving with a suspended or revoked license.

Despite the legal consequences, 250,000 Colorado illegal drivers have not been deterred from getting behind the wheel of a car.

These illegal drivers pose “a significant problem in Colorado,” says auditor John Trull. “All the strategies we have don’t deter them.”

While the auditors did not present a plan to reduce these numbers, they did include a list of strategies used by other states including impounding vehicles or license plates, putting special stickers on cars driven by illegal drivers and house arrest.

Presently, illegal drivers are thumbing their noses at the existing system. It’s time for legislators to make some changes to get these illegal drivers off the road.

As in prior years, we were sold out, with people from all over the country traveling to Colorado to join us in a celebration of our boys, Paul and Brandon. The weather cooperated and everyone had a great time; golfers and volunteers alike.

Wal-Bop Sponsors

In addition to harassing the golfers, the volunteers came up with creative ways to raise funds for the Brandon and Paul Foundation; selling mulligan’s, charging to keep the course free of “snakes”, and fees for signing commemorative t-shirts. Prize holes, raffle prizes, and silent auction items were in abundance.

Raising Funds

The luncheon following the tournament, hosted by The Outback Steakhouse, was a fabulous success thanks to all the wonderful cooks, wait staff, and of course the proprietor, Chad Luepke.

Alive at 25 Foursome

Although a final tally has not been completed, we are confident that a substantial donation to Alive at 25 will be possible, helping to fulfill the mission of the Brandon and Paul Foundation in encouraging young drivers to be safe.

There aren’t sufficient words to express how thankful we are for the support and love; the celebration and joy that we get from the enthusiastic participation in the annual Wall-Bop Golf Tournament . The committee members, the golfers and volunteers, the sponsors, each and every one helps us to make the anniversary of the accident into the celebration of Paul and Brandon that we need it to be. They would be proud.

Chad, Amy, Patti and Frank

The Ondrish and Nichols Family

On the chopping block was the Law Enforcement Assistant Fund (LEAF) which is funded by the fees paid by those arrested for alcohol-related offences. Of the ninety dollar fee, about one-third goes to the Colorado Department of Transportation (CDOT) to fund grants for DUI enforcement. In 2009 about 1.4 millions dollars was on hand for 56 different police and sheriff departments throughout Colorado.

More than one-third of all alcohol related deaths in Colorado occurred between Memorial Day and Labor Day last year. The Heat is On program focuses on deterring drinking and driving kicked off during the Memorial Day holiday weekend and continues through the Labor Day weekend. During the Memorial Day weekend alone, law enforcement in Colorado arrested 599 DUI drivers.

“Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which affects the person to a degree that he or she is substantially incapable, mentally or physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Section 42-4-1301(1)(f), Colorado Revised Statutes (C.R.S.).

In Colorado, you are charged with DUI if your blood alcohol level (BAC) is .08 or higher.

I recently had the extraordinary experience to serve as a Mothers Against Drunk Driving (MADD) volunteer at a DUI checkpoint near downtown Denver. It was my job to count the number of folks that took the field sobriety test and passed. It was an eye opening experience that every citizen should experience. Unless you’ve had the misfortune to experience firsthand an encounter with a drunk driver, most of us “average” citizens can’t really appreciate the potential disaster a drunk driver poses. It was scary to actually see a person who couldn’t put one foot in front of the other (let alone the ones who were “falling down drunk”) get out of a 6,000 pound vehicle that they thought they were capable of driving.

At the end of the night there were at least 32 less drunk drivers on the road. And I’m glad Governor Ritter had the good sense to ensure that law enforcement in Colorado has the funding to continue taking drunk drivers off the road.