Fossum convicted of careless driving

Fossum convicted of careless driving, not guilty of impairment, drug use

May 26, 2001

by Aspen C. Emmett
Journal Staff Writer

Following three full days of testimony and nearly four hours of deliberation, the jury in the trial of former Cortez City Attorney Cliff Fossum returned with a verdict of not guilty on charges of cocaine use and driving under the influence of drugs and/or alcohol.

Fossum was also acquitted of the charge driving with a suspended license but found guilty of careless driving and failure to notify the Department of Motor Vehicles of change of address. The jury of 10 women and 2 men returned with their verdict just after 7:30 p.m. Wednesday.

"I think the verdict vindicates Cliff, and obviously both he and I were very happy," defense attorney George Buck told the Journal Thursday.

The charges stemmed from a March 6, 2000, one-car crash on Mancos Hill in which Fossum was arrested on suspicion of driving while ability impaired after allegedly failing a roadside sobriety test. A breath test following the accident registered .050 grams of alcohol and a urinalysis test detected traces of cocaine as well as common prescription drugs.

During the trial, Colorado State Troopers Steve Nowlin and Steve Keller both testified that they believed Fossum showed signs of intoxication and possible drug influence beyond the initial breath test results.

"My opinion was he was under the influence of CNS (central nervous system) depressants and CNS stimulants and not able to safely operate a motor vehicle," Keller told the jury Tuesday.

Fossum testified, however, that his crash was due to poor road conditions and a blown-out tire. He also attributed his failure to perform the roadside sobriety tests to arthritic knees — a difficulty he duplicated for the jury during his testimony.

The case went to the jury just before 4 p.m. Wednesday, returning nearly four hours later that evening.

"The people have spoken and they found him not guilty," District Attorney Joe Olt told the Journal Thursday.

Fossum now resides in Phoenix, Ariz. where he is a student at Thunderbird University. He no longer represents the City of Cortez and was unavailable for comment.

Fossum was fined $130 for the Class 2 misdemeanor traffic offense of careless driving and the Class B traffic infraction for failure to notify the DMV of change of address.