Drug-Based DUI Cases Present Challenges For Prosecutors

The man accused of killing two children is out of jail. Police say Robert Icenogle was behind the wheel when he smashed into a stalled van in Colorado Springs.

Icenogle allegedly admitted to police he was taking two prescriptions when the accident happened Monday afternoon.

Neto White, 9, and 17-year-old Leondro Carabajal died while trying to push a stalled van out of traffic on Pikes Peak near Parkside, not far from Memorial Park. Leondro's mother Jessica told 11 News her son was trying to help.

"It shows you how quick you can blink your eyes, one minute they're here and gone the next," she said.

Court papers show Robert Icenogle was on the powerful prescriptions Phenergan and Methadone at the time of the crash.

Prosecutors said Wednesday proving those kinds of cases aren't always cut and dry.

"Because there aren't the levels we have with alcohol, because sometimes it's not picked up in tests, it can make it a more difficult case to prove," said District Attorney Dan May.

With respect to prescription drugs, May said in some cases there is other evidence such as warnings printed clearly on the label that could hold up with a jury in court.

"If it's going to affect you, don't drive,” May said. “You are a danger on the roads."

Records posted by the Colorado Department of Transportation show more than 400 people in our state were killed over a five-year period by people who were driving while on drugs, including prescription meds.

Convictions linked to driving under the influence of drugs carries the same penalties as driving while drunk, including jail time and loss of a driver’s license.

Robert Icenogle is due back in court next week. 11 News will stay on top of what happens next.


KKTV firmly believes in freedom of speech for all and we are happy to provide this forum for the community to share opinions and facts. We ask that commenters keep it clean, keep it truthful, stay on topic and be responsible. Comments left here do not necessarily represent the viewpoint of KKTV 11 News.

If you believe that any of the comments on our site are inappropriate or offensive, please tell us by clicking “Report Abuse” and answering the questions that follow. We will review any reported comments promptly.

powered by Disqus
KKTV 520 E. Colorado Colorado Springs, CO 80903 Office: (719) 634-2844 Fax: (719) 632-0808 News Fax: (719) 634-3741
Copyright © 2002-2014 - Designed by Gray Digital Media - Powered by Clickability 181308241 - kktv.com/a?a=181308241
Gray Television, Inc.