The People of the State of Colorado v. Rodger Null, Defendant—appell — Hobbs, J., Concurring in Part and Dissenting…

Summary

Justice Hobbs concurred in affirming suppression of Null's incriminating statements but disagreed with affirming suppression of his refusal to take a breath test and dismissal of the DUI charge. He reasoned that the record did not establish sufficient law-enforcement diligence in investigating the ambulance service's failure to respond, making dismissal premature and warranting a remand for further findings. Justice Eid, concurring in part and dissenting in part, would have upheld the dismissal of the statements but reversed dismissal of the DUI charges because the existing record showed a reasonable protocol, a good-faith effort, extraordinary circumstances, and overwhelming evidence of intoxication.