Chapter 3 - § 3.10 • DUE PROCESS AND EQUAL PROTECTION CLAIMS

• Jurisdiction: Colorado

§ 3.10 • DUE PROCESS AND EQUAL PROTECTION CLAIMS

There are various constitutional arguments that a defendant can make in an effort to seek dismissal of charges. Arguments based on the vagueness or over-breadth of a statute, or equal protection issues (problems with the statute do not appear to have any traction in the context of DUI prosecutions) have been addressed in criminal and administrative appeals. See, e.g., People v. Martinnillie, 940 P.2d 1090 (Colo. App. 1996) (disparate treatment claim must demonstrate that the persons are similarly situated, and if no similarity is shown, equal protection claim must fail); Harris v. Heckers, 521 P.2d 766 (Colo. 1974) (different treatment of a resident with a driver's license than a non-resident without a driver's license); and People v. VanMatre, 190 P.3d 770 (Colo. App. 2008) (unresolved claim was not preserved for appellate...