New Cases Blog

New Standard for Review of Attorneys’ Fees Requests in Colorado

Civil Appellate Litigation

In Munoz v. Measner, 09SC421, (February 28, 2011) the Colorado Supreme Court reversed the decision of the Colorado Court of Appeals concerning the type of findings required by Colorado trial courts when denying a request for attorneys’ fees.  In this quiet title action, the Munozes’ lawyer withdrew shortly before the trial and their damages cases was dismissed.  The Measners sought attorneys fees. Upon hiring Jonathan Willett to defend the attorney fees request in Weld County, Colorado District Court in Greeley, the Measners’ attorneys’ fees request was denied.  However, when the matter was appealed to the Colorado Court of Appeals, the Court of Appeals remanded the case back for more specific findings. Measner v. Munoz, 214 P.3d 510 (Colo. App. 2009).  The Colorado Supreme Court, however, agreed to hear Attorney Willett’s request to review the Court of Appeals’ decision.  The Supreme Court reversed the Court of Appeals, agreeing with the Munozes’ analysis as argued by Jonathan Willett, establishing a new standard for all Colorado Courts to apply when deciding to deny a request for attorneys fees.   Munoz v. Measner, 09SC421 (Colo. February 28, 2011).  Mr. Willett is available for appellate litigation of all types and still handles personal injury and accident litigation through all Colorado front -range area counties, including Adams County, the City and County of Denver, Boulder County, Jefferson County, Arapahoe County, Douglas County, Clear Creek County, and Summit County.

Personal Injury Litigation

In a recently settled slip and fall case, Jonathan Willett obtained an $80,000 settlement against Wal-Mart for a 70 year old woman who fell at a Wal-Mart service counter.  This personal injury case arose in Westminster, Colorado, and had to be filed when Wal-Mart did not acknowledge the plaintiff’s claims nor would it pay the plaintiff’s medical bills.  After filing the case and arranging for the plaintiff to have her medical bills paid by an outside party, Jonathan Willett successfully negotiated an $80,000 settlement for the plaintiff in order for her to make her life whole again.  Before the case was filed, Wal-Mart offered no compensation for the plaintiff, until Mr. Willett was able to obtain the personal injury settlement for her. Mr. Willett is available for civil litigation of all types and still handles personal injury and accident litigation in all Colorado front-range area counties, including Adams County, the City and County of Denver, Boulder County, Jefferson County, Arapahoe County, Douglas County, Clear Creek County, Gilpin County and Summit County.  Jonathan Willett handles ski and snowboard accident cases all over Colorado.

Criminal Law

            The United States Government filed a large crack Cocaine conspiracy case in the United States District Court for Colorado located in Denver, Colorado.  The case involved hundreds of wiretap telephone calls, photographic surveillance and the possibility of at least twenty years in prison for the defendants.  However, after an exhaustive review of the discovery and through investigation, Jonathan Willett was able to secure an outright dismissal of his client from the case, restoring his client’s legal status in the United States that was placed in jeopardy by the filing of the drug case.  “One of the most rewarding parts of practicing criminal law is to help the accused get a second chance, because of the impact it has on his life and that the lives his loved ones,” says Mr. Willett.  Jonathan Willett is available to help the accused with all criminal law matters in Colorado cities and counties, appearing in District and County Courts located in Brighton, Golden, Castle Rock, Denver, Boulder, Centennial, Georgetown and Central City.  Mr. Willett offers payment plans and free consultations in criminal law matters because his belief is that all people deserve good representation in court, regardless of their economic status.

What To Do When You are Stopped for a DUI in Colorado

            In Colorado, it is very important to know what your choices are when an officer suspects you are driving under the influence of alcohol or drugs.  Usually, once you are under suspicion, the officer will ask you to perform roadside maneuvers before he asks you anything about alcohol or drug testing.  Always be polite if possible.  Roadside maneuvers are a set of physical tests to determine if you are impaired.  You can refuse to take the roadsides, but this choice allows the officer to infer you cannot complete them, and frequently results in arrest.  Before you perform roadside tests, advise the officer of any physical impairment that may affect your ability.  The roadsides usually include a Horizontal Gaze Nystagmus (“HGN”) test, which looks for an involuntary jerking of the eye when following a pen-light or pen point.  If your eyes are tired, if you have contacts or eye problems, let the officer know before the test.  For the rest of the physical tests that mostly involve balance, be sure to pay close attention to the instructions, because the officer factors in how you follow instructions in deciding whether you are intoxicated.

            If the officer proceeds further with the investigation, he will ask you to submit to alcohol testing by Breathalyzer or by blood analysis.  All drivers in Colorado are deemed to have given their “express consent” to alcohol testing.  So, if you refuse the test, your drivers’ license must be suspended for one year.  The Colorado Department of Health Laboratory performs all testing.  Breathalyzer tests are less reliable than blood tests.  In Colorado, a Breathalyzer test does not capture a second sample for independent testing, while a blood test does.  Therefore, the generally accepted view is that one should elect a blood test rather than a Breathalyzer if accuracy is the goal.  Regarding drug testing, there is no “express consent” requirement, so it is generally in your interest to refuse drug testing unless you do not have drugs in your system.  This situation regarding drugs may change soon, at least with regard to Marijuana, as recent legislation will be establishing standards for “buzzed” driving that is likely to be signed into law by the Colorado Governor.  

            If the officer arrests you for DUI (over .08) or DWAI (over .05), then two separate legal proceeds begin.  An administrative Department of Revenue proceeding determines whether your drivers’ license should be suspended.  A separate court proceeding determines what your punishment will be.  The officer will hand you a form for your administrative proceeding at the Department of Revenue.  You must appear at a drivers’ license office and request a hearing within seven (7) days of receiving the notice, or else your driver’s license will be automatically suspended.  When requesting the hearing, ask for the officer to be present.  Your rights will be better protected if you have a lawyer at all proceedings before the court and the Department of Revenue.

            Remember alcohol content in your body is a function of metabolism, so it is always a good idea to drink water and eat if you are consuming alcohol.  The best strategy for DUI is to always use a designated driver, a taxi or public transportation.

            Jonathan Willett has been handling DUI cases in nearly all front range Colorado counties, including the City and County of Denver, Adams County, Jefferson County, Arapahoe County, Douglas County, Boulder County, Clear Creek County, Larimer County and Gilpin County for over twenty years.  He employs an advanced level of DUI defense including expert witnesses and independent toxicology laboratories.