Cortez City Attorney Cliff Fossum is scheduled for a disposition hearing in Montezuma County Court on May 30 to try to reach an agreement with a special prosecutor regarding a class 5 felony charge he faces for allegedly using cocaine.

But for Fossum, who also faces a string of secondary charges including DUI, careless driving and driving while his license was under suspension, that hearing will not be his first as a criminal defendant.

According to district court records, Fossum also faced charges in October 1984 of DUI, driving with his license expired and driving on the wrong side of the road. Those charges, however, were reduced to driving while ability impaired (DWAI) by alcohol. Fossum pleaded guilty to the charge of DWAI and was sentenced to 24 hours of useful public service, 10 days of suspended jail and a $100 fine, according to his District Court file in Cortez.

A county court clerk said that Fossum had also faced another DUI charge but the charge was later dropped when the arresting officer moved out of the state.

If convicted of the felony drug charge he currently faces, Fossum could be sentenced to up to three years in prison.

The charges against Fossum date back to a March 6, driving accident when his westbound vehicle ran off the right side of U.S. Highway 160 on Mancos Hill, collided with a guard rail and spun two and a half times before coming to rest.

Attempts to reach Colorado State Patrol Officer Steve Nowlin, the officer who investigated the case, were unsuccessful Friday.

Since the charges were filed, Fossum has said that he would withdraw his representation from his public clients.

"I don’t want this to be an embarrassment that spills over on to them," Fossum said.

Cortez City Manager Hal Shepherd said Friday that he talked to Fossum on Monday and the attorney has taken a leave of absence until a resolution can be reached.

Shepherd said the city council has scheduled a private meeting to discuss Fossum’s case.