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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
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Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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Page Index |
Consultation Terms |
Fees * Costs |
Retainer Docs |
Directions |
Maps |
Travel * Trade Area |
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COLORADO SPRINGS
TRAFFIC TICKET DEFENSE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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Colorado Traffic Ticket Defense -
Colorado Springs, Colorado. driving under restraint - DUR, driving under
suspension - DUS, Driving Under Revocation, Driving after Revocation Prohibited
- DARP, motor vehicle hit and run, speeding tickets, careless driving, reckless
driving, compulsory insurance, drunk driving - driving under the Influence of
alcohol - DUI, driving while impaired by alcohol - DWAI or driving with
excessive alcohol content - DEAC, breath test, blood test, BAC, .08, legal
limit, roadside sobriety tests, alcohol absorption & metabolism, deferred
sentence, probation. DMV driver license hearings, license suspension, license
revocation, license denial, speeding ticket,
Colorado Springs Municipal Court, Manitou Springs Municipal Court, Woodland Park
Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court,
Calhan Municipal Court, Court Calhan Colorado, Simla Municipal Court, Town of Simla Colorado,
Court Simla Colorado, Pueblo Municipal Court, Castle
Rock Municipal Court, Palmer Lake Municipal
Court, Simla Colorado, Calhan Colorado, Denver Municipal Court, Aurora Municipal
Court, Brighton Municipal Court, Broomfield Municipal Court, Centennial
Municipal Court, Englewood Municipal Court, Federal Heights Municipal Court,
Golden Municipal Court, Littleton Municipal Court, Sheridan Municipal Court,
Thornton Municipal Court, Wheat Ridge Municipal Court, WheatRidge Municipal
Court

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| RIGHT
TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make
any statements whatsoever to any law enforcement officer, prosecutor, witness,
the alleged victim, an insurance adjuster or any other third person.
Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. In some circumstances, no statutory
privilege exists with respect to medical providers (doctor, nurse, etc),
counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse
(husband, wife) - only the attorney-client privilege exists. Consult with your attorney before
talking.
When the police
call or drop by, don't talk to them.
Simply say at the outset that you wish to remain silent & want an
attorney. |

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RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE |
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS |
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When a criminal suspect voluntarily gives permission for police or law
enforcement to search, items found in that search will likely be admissible as
evidence. Conversely, searches without a warrant are presumed unlawful
with some exceptions. Evidence found as a result of an unlawful search may
be suppressed (excluded from admission) as a fruit of the poisonous tree.
Every citizen has the constitutional right to be free from unreasonable search
and seizure. Never consent to a search or seizure without advice of legal
counsel. Let law enforcement procure a warrant or face possible
constitutional challenge to the evidence.
Similarly, no other rights should be waived by any criminal suspect or defendant
without advice from counsel. If you aren't certain what your rights are at
the time of the police request, simply say no - I need to speak to an attorney.
When the police drop by, don't
admit them absent a warrant. Don't consent to any search.
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TRAFFIC DEFENDANT
DEMEANOR |
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Defense attorneys frequently see the police report phrase:
"suspect was cooperative." Law
enforcement officers will do what they will do regardless of your cooperation -
it won't help and may likely hurt your court case defense.
This attorney advises clients to remain silent and be courteous, calm and in
control of your emotions. Politely decline any police requests,
making the statement you need to consult with legal counsel before giving
a response, that you exercise your right to remain silent and request presence of an attorney.
Do not agree or consent to any search or seizure.
You have the right to remain silent
in court and the right to presence of defense counsel for all court proceedings.
If you have not yet retained but plan to do so, advise prosecutors and the judge
that you exercise your right to remain silent and want an attorney present with
you. Do not discuss the facts of your case and do not make any admissions.
Ask the court for additional time
to hire counsel.
You have the right to
presence of and advice of defense counsel. Assertion of your rights may be done in a courteous
manner, but exercise your
rights. Don't cave in to your fears or to your preconceptions
of "what you are required to do." |

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BAIL BOND
refer to the above link for information |

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JURISDICTIONAL
ATTACK
Refer to Above Link
Primary Website for More Detailed Information Regarding
Jurisdictional Attack |
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We are all human -
periodically law enforcement officer(s) make(s) an error on the summons.
Some errors are sufficient to deprive the court of jurisdiction to hear the
case. If an error exists, it may be worth making a big ta-do because it
may result in
dismissal
or a more favorable plea offer. |
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CRS
42-4-604. Traffic control signal
legend |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
0 - Civil
Infraction |
0 - Civil
Infraction |
| Fine |
$15 - $100 |
$15 - $100 |
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Points
against
Colorado Driving Privileges |
4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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10.17.105: TRAFFIC-CONTROL SIGNAL
LEGEND |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$100 min - $500 |
$100 min - $500 |
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Points
against
Colorado Driving Privileges |
4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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Colorado Springs Municipal Court has
NOT adopted
early payment point reduction
early payment will result is assessment of full points
charged |


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CRS
42-4-1903. School buses — stops — signs — passing |
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FIRST OFFENSE |
| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 days - 90
days |
10 days - 90
days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points
against
Colorado Driving Privileges |
6
Points
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6
Points
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POTENTIAL
DEFENSES |
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SECOND OR SUBSEQUENT OFFENSE |
| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 days - 1 year |
10 days - 1 year |
| Fine |
$100 - $1,000 |
$100 - $1,000 |
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Points
against
Colorado Driving Privileges |
6
Points |
6
Points |
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POTENTIAL
DEFENSES |
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10.4.107: STOP FOR SCHOOL BUSES
10.22.202: SCHOOL BUS LIGHTS AND
MARKINGS |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$100 min - $500 |
$100 min - $500 |
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Points
against
Colorado Driving Privileges |
6
Points |
6
Points |
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POTENTIAL
DEFENSES |
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Colorado Springs Municipal Court has
NOT adopted
early payment point reduction
early payment will result is assessment of full points
charged |

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SPEEDING TICKET DEFENSE |
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| refer to above link for more detailed
information regarding
this traffic charge - attorney primary website |
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When a driver receives a speeding ticket, generally it is an inconvenience but
nothing more. Usually the prosecutor will negotiate a least a point off
the offense charged, perhaps more. Prosecutors may agree to reduce the
ticket to a 2 point defective vehicle or 0 point obstructed window which
won't likely excite the insurance company. After payment of fine and
costs, and crossing guard surcharge in Municipal Court, life moves on. It
is worthwhile to appear in Court on the summons date to receive the benefit of
plea negotiations. Usually counsel is not involved.
Simple is not always the case. If the ticket will cause loss of driver's
license or driving privileges in Colorado, or cancellation of insurance or
significant premium hike, or perhaps a CDL will be affected and therefore
livelihood, then matters become different. Defense of speeding tickets is
somewhat complex. Here I have provided basis overview information. In
my primary website pages linked above, visitors will find
additional information for those with problematic cases. |
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Elements of
this speeding are driving a motor vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions then existing or over
the maximum lawful speed.
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POTENTIAL DEFENSES |
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| State Court
Possible Penalties |
Presumptive
Jail |
Presumptive Fines |
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Points
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| Adult and
Juvenile |
Minimum |
Maximum |
Minimum |
Maximum |
Scheduled |
Points
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| 0 -4 mph over
the limit * |
None |
None |
$15 |
$100 |
$15 + $2 |
0 |
| 5 - 9 mph over
the limit * |
None |
None |
$15 |
$100 |
$35 + $5 |
1 |
| 10 - 19 mph
over the limit * |
None |
None |
$15 |
$100 |
$50 + $8 |
4 |
| 20 - 24 mph
over the limit * |
None |
None |
$15 |
$100 |
$100 + $15 |
6 |
Failure to
Reduce Speed
Special Hazard * |
None |
None |
$15 |
$100 |
$35 + $5 |
3 |
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STATE COURT TRAFFIC OFFENSE |
follow link for traffic offense
information - court procedure
**** court appearance required |
attorney may
be able to negotiate a settlement with prosecutors
caveat - refer to
El Paso County DA Office
policy |
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NO Early
Payment Point Reduction
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| State Court
Possible Penalties |
Presumptive
Jail |
Presumptive Fines |
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Points
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| Adult and
Juvenile |
Minimum |
Maximum |
Minimum |
Maximum |
Scheduled |
Points
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| 25 - 39 mph over
the limit ** **** |
0 days |
90 days |
$10 |
$300 |
court order |
6 |
| 40+ mph over
the limit ** **** |
0 days |
90 days |
$10 |
$300 |
court order |
12 |
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*** Points
- not applicable to bicycle or
motorized bicycle |
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Colorado |
EL PASO COUNTY DISTRICT ATTORNEY POLICY |
State Court |
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As of August, 2010 the El Paso County DA
Office adopted a policy as follows regarding 6 point speeding offenses charged
as 25 - 39 mph over the limit. Prosecutors will agree to reduce 6
point speed to a 4 point traffic infraction speed upon proof of completion
of Level 2 traffic safety class. Early
completion of a
traffic safety class,
public service or mitigating
factors such as long term clean driving record are irrelevant - no DDA discretion is exercised. A driver doesn't need to pay an attorney to
proceed through an automated, inflexible policy process. Don't bother to call
this attorney for assistance with plea negotiation - it's fruitless.
If that DA Office policy of
4 point speeding
conviction
disposition is
unacceptable to you as a driver and you plan to retain counsel, plan on a
jury
trial with attendant quote of
trial fees & costs which would be
payable at the time retained. Put another way - either turn me loose
to fight the DA Office through motions and jury trial, or don't waste my
time & your money attempting unlikely settlement outside prosecutors'
inflexible policy parameters. Refer to link for
Colorado Traffic Interstate Compact
information. |
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Defense attorneys didn't create this rigid
policy - it belongs wholly to the
El Paso County District Attorney Office.
prosecution's policy
applies to transients, tourists and residents alike **
welcome to Colorado and
to the Pikes Peak
Region |
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inquiries regarding
plea negotiations or settlement will be denied
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be prepared to pay trial fees & costs or please don't call |
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state court speeding tickets 1 - 24 mph over the
limit - refer to
traffic infraction court proceedings -
attorney can not assist absent trial
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TRIAL FEES AND COSTS |
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The City of
Colorado Springs has lowered the speed limit to 25 mph on all roads where not
otherwise posted and has adopted an ordinance imposing a fine of $10 per mile
over the lawful speed limit. The ticket may be plea bargained down to
a lesser speed for purposes of points, however the fine will be based upon the
initial alleged speed. |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
1- 12
Points
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1 - 12
Points |
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POTENTIAL
DEFENSES |
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Colorado Springs Municipal Court has
NOT adopted
early payment point reduction
early payment will result is assessment of full points
charged |
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SPEED
LIMITS |
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MEASUREMENT OF SPEED |
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A judge or magistrate may
not let the issue go to a jury (lack of prima facie evidence) unless there
is mechanical support (radar, vascar, pace clock or
laser) for the visual estimate. In a trial to the court, I've seen a judge
stop the case when the officer admitted the ticket was based only upon a visual
estimate. Other judges may proceed.
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OTHER RELEVANT SPEEDING INFORMATION
Speed - Evidence Required |
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POTENTIAL
DEFENSES
SPEEDING TICKETS |
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In every charge of speeding, the summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
CRS 42-4-1101(5)
If
certain defects are contained in the summons and complaint, the case may be
subject to jurisdictional
attack. e.g. Although not
a jurisdictional problem, one issue noted on the page is related to the above
paragraph. Failure to provide notice of
points
on the traffic infraction penalty notice (speeding tickets 24 mph over
the limit or less) will not affect the validity of initial charging or court case
disposition, however may be used by the defendant to
invalidate
points for DMV suspension, revocation or denial or may be used by the
defendant as a
collateral
attack in a
driving
under restraint criminal charge subsequently brought.
Defense seeks a problem with the traffic
engineer's survey, signage (notice), equipment malfunction or improper usage, or
attacks the credentials or credibility of the law enforcement officer. For
additional information, refer to links at
beginning of this subtopic. |
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TRAFFIC DEFENSE
DRAG
RACING
SPEED CONTEST
ACCELERATION CONTEST
EXHIBITION OF SPEED |
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MISDEMEANOR TRAFFIC
OFFENSE |
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CRS 42-4-1105. Speed contests
- speed exhibitions - aiding and
facilitating - immobilization of motor vehicle - definitions.
(1) (a) Except as
otherwise provided in subsection (4) of this section, it is unlawful for a
person to knowingly engage in a speed contest on a highway.
(b) For purposes of this section, "speed contest" means the operation
of one or more motor vehicles to conduct a race or a time trial, including but
not limited to rapid acceleration, exceeding reasonable and prude speeds for
highways and existing traffic conditions, vying for position, or performing one
or more lane changes in an attempt to gain advantage over one or more of the
other racing participants.
(c) A person who violates any provision of this subsection (1) commits a class 1
misdemeanor traffic offense.
(2) (a) Except as
otherwise provided in subsection (4) of this section, it is unlawful for a
person to knowingly engage in a speed contest exhibition on a highway.
(b) For purposes of this section, "speed exhibition" means the
operation of a motor vehicle to present a display of speed or power. "Speed
exhibition" includes, but is not limited to, squealing the tires of a motor
vehicle while it is stationary or in motion, rapid acceleration, rapid swerving
or weaving in and out of traffic, producing smoke from tire slippage, or leaving
visible tire acceleration marks on the surface of the highway or ground.
(c) A person who violates any provisions of this subsection (2) commits a class
2 misdemeanor traffic offense.
(3) (a) Except as
otherwise provided in subsection (4) of this section, a person shall not, for
the purpose of facilitation or aiding or as an incident to any speed contest or
speed exhibition upon a highway, in any manner obstruct or place a barricade or
obstruction, or assist or participate in placing any such barricade or
obstruction, upon a highway.
(b) A person who violates any provision of this subsection (3) commits, pursuant
to section 42-4-1703, the offense that the person aided in or facilitated the
commission of. Nothing in this subsection (3) shall be construed to preclude
charging a person under section 42-4-1703 for otherwise being a party to the
crime or engaging in a speed contest or engaging in a speed exhibition.
(4) The provisions of this section
shall not apply to the operation of a motor vehicle in an organized competition
according to accepted rules on a designated and duly authorized race track, race
course or drag racing strip.
(5) (a) In addition
to a sentence imposed pursuant to this section or pursuant to any other
provision of law:
(I) Upon the second conviction for an offense specified in subsection (1) or (2)
of this section, or any other crime, the underlying factual basis of which has
been found by the court to include an act of operating a motor vehicle in
violation of subsection (1) or (2) of this section, the court may, in its
discretion, order the primary law enforcement agency involved with he case to
place an immobilization device on the motor vehicle or motor vehicles so
operated for a period of up to fourteen days.
(II) Upon the third conviction for an offense specified in subsection (1) or (2)
of this section, or any other crime, the underlying factual basis of which has
been found by the court to include an act of operating a motor vehicle in
violation of subsection (1) or (2) of this section, the court may, in its
discretion, order the primary law enforcement agency involved with he case to
place an immobilization device on the motor vehicle or motor vehicles so
operated for a period of up to thirty days but more than fourteen days.
(b) The period during which a motor vehicle may be fitted with an immobilization
device pursuant to paragraph (a) of this subsection (5) shall be in addition to
any period during which the motor vehicle was impounded prior to sentencing.
(c) An order issued under this subsection shall state the requirements included
in subsections (7) and (8) of this section.
(d) For purposes of this section, "immobilization device" means a
device locked into place of a wheel of a motor vehicle that prevents the motor
vehicle from being moved. "Immobilization device" includes but is not
limited to a device commonly referred to as a "traffic boot" or
"boot".
(6) (a) Except as
otherwise provided in subsection (9) of this section, a law enforcement agency
that is ordered to place an immobilization device on a motor vehicle pursuant to
subsection (5) of this section shall attempt to locate the motor vehicle within
its jurisdiction. The law enforcement agency may, in its discretion, attempt to
locate the motor vehicle outside of its jurisdiction.
(b) Nothing in this subsection (6) shall be construed to:
(I) Prohibit a law enforcement agency from seeking the assistance of another law
enforcement agency for the purpose of placing an immobilization device on a
motor vehicle or removing the device in accordance with this section; or
(II) Require a law enforcement agency to expend excessive time or commit
excessive staff to the task of locating a motor vehicle subject to
immobilization under this section.
(c) The time spent by a law enforcement agency in locating a motor vehicle in
accordance with this subsection (6) shall not alter the immobilization period
ordered by the court under subsection (5) of this section.
(d) A law enforcement agency that places an immobilization device on a motor
vehicle pursuant to this section shall affix a notice to the immobilized motor
vehicle stating the information described in subsections (7( and (8) of this
section.
(e) A peace officer who locates or attempts to locate a motor vehicle, or who
places or removes, or assists with the placement or removal of, an
immobilization device in accordance with the provisions of this section shall be
immune from civil liability for damages, except for damages arising from willful
and wanton conduct.
(7) (a) The owner
of a motor vehicle immobilized under this section shall be assessed a fee of
thirty five dollars for each day the motor vehicle is immobilized and, except as
others provided in paragraph (d) of this subsection (7), thirty five dollars for
each day up to fourteen days after the immobilization period that the fee for
the immobilization period is not paid. The owner shall pay the fee to the law
enforcement agency that places the immobilization device on the motor vehicle.
(b) The owner, within fourteen days after the end of the immobilization period
ordered by the court, may obtain removal of the immobilization device by the law
enforcement agency that placed it by requesting the removal and paying the fee
required under paragraph (a) of this subsection (7).
(c) The failure of the owner of the immobilized motor vehicle to request removal
of the immobilization device and pay the fee within fourteen days after the end
of the immobilization period ordered by the court or within the additional time
granted by the court pursuant to paragraph (d) of this subsection (7), whichever
is applicable, shall result in the motor vehicle being deemed an "abandoned
motor vehicle", as defined in sections 42-4-1802(1)(d) and 42-4-2102(1)(d),
and subject to the provisions of Part 18 or 21 of this article, whichever is
applicable. The law enforcement agency entitled to payment of the fee under this
subsection (7) shall be eligible to recover the fee if the abandoned motor
vehicle is sold, pursuant to section 42-4-1809(2)(b.5) or 42-4-2108 (2) (a.5).
(d) Upon application of the owner of an immobilized motor vehicle, the court
that ordered the immobilization may, in its discretion, grant additional time to
pay the immobilization fee required under paragraph (a) of this subsection (7).
If additional time is granted the court shall notify the law enforcement agency
that placed the immobilization device.
(8) (a) A person
may not remove an immobilization device that is placed on a motor vehicle
pursuant to this section during the immobilization period ordered by the court.
(b) No person may remove the immobilization device after the end of the
immobilization period except the law enforcement agency that placed the
immobilization device and that has been requested by the owner to remove the
device to which the owner has properly paid the fee required by subsection (7).
Nothing in this subsection (8) shall be construed to prevent the removal on an
immobilization device in order to comply with the provisions of part 18 or 21 of
this article.
(c) A person who violates any provision of this subsection (8) commits a class 2
misdemeanor traffic offense.
(9) (a) A law
enforcement agency that is ordered to place an immobilization device on a motor
vehicle pursuant to subsection (5) of this section shall inform the court at
sentencing if it is unable to comply with the court’s order either because the
law enforcement agency is not yet equipped with an immobilization device or
because it does not have a sufficient number of immobilization devices. The
court, upon being so informed, shall, in lieu of ordering immobilization, order
the law enforcement agency to impound the motor vehicle for the same time period
that the court initially ordered the motor vehicle to be immobilized.
(b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of
this subsection (9), the provisions of subsections (6) to (8) of this section
shall not apply.
Effective Date: July 1, 2006
In case you didn't catch it on first read, the statute essentially provides for
police impound lot sale of your vehicle if the owner doesn't timely request removal of the boot and
pay the expensive immobilization fee.
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points
against
Colorado Driving Privileges
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12
Points
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12
Points
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POTENTIAL
DEFENSES |
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Drag racing is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Drag racing is not a
DARP Aggravator
criminal court sentencing |
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speed contest, acceleration contest and exhibition of speed are a traffic
offenses, not infractions
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction |
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TRAFFIC DEFENSE
DRAG
RACING
SPEED CONTEST
ACCELERATION CONTEST
EXHIBITION OF SPEED |
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10.5.107: SPEED CONTESTS
A. No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7; Ord. 75-86; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges
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12
Points
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12
Points
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POTENTIAL
DEFENSES |
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Drag racing is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Drag racing is not a
DARP Aggravator
criminal court sentencing |
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speed contest, acceleration contest and exhibition of speed are a traffic
offenses, not infractions
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction |
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SPEED
CONTEST - DRAG RACING
POTENTIAL
DEFENSES |
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Jurisdictional
attack - refer to link for information
DUI case
Attack the jurisdiction
(power) of
the court in the pending criminal case
Jurisdictional attack may be
an important concept in defense of any given eluding case
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Lack of reasonable suspicion for
initial attempted contact by the law enforcement officer
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Lack of probable cause for
warrantless arrest or seizure of the defendant's person
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Color of authority - peace
officer acting within course & scope of his or her employment.
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Unlawful extra-jurisdictional
arrest
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Defendant's admissions the
result of undue influence, duress and coercion - due process violation
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Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
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Alleged offense did not occur on
public roadway or highway? - yes, the defense works in drag racing cases
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Driving
A third person, not
defendant, was driving a motor vehicle
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Officer observations - what
didn't he observe which a jury member might expect? What was the
officer's opportunity to observe? - lighting, time spent, temperature,
etc.
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Officer credibility.
Experience with traffic enforcement and training, over concern with conviction
statistics, a cop's cop or an average Joe doing a job, would the jury
members want this particular officer stopping him / her? Has the
officer overstated his / her observations in relation to the driving
behavior? How
well was the stop and investigation conducted?
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Eluding is a factual determination based upon the
circumstances of the case. The case may turn upon factual argument - defendant's conduct & driving pattern and officer
conduct.
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Reasonable doubt - state proof
beyond a reasonable doubt
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Cloak of innocence and burden of
proof upon state - beyond a reasonable doubt. A defendant is not
required to prove innocence - the state must prove guilt.
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When all else fails:
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Trial lawyer's adage:
If the facts are on your
side - pound the facts.
If the law is on your
side - pound the law.
If neither the facts nor
the law are on your side - pound the table !
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CRS 16-13-303. Class 1 public
nuisance.
State
Statutes - CRS
So far the state legislature has not enacted legislation regarding vehicle
forfeiture on the basis of motor vehicle speed contest, acceleration
contest or exhibition of speed or acceleration. Based upon the fact drag
racing appears to be a new target offense or "designer crime" and
forfeiture appears in vogue, it is only a matter of time before drag racing
results in motor vehicle forfeiture. It's coming, folks - look at
forfeitures regarding:
1.
DUR -
DARP driving
under restraint or driving after revocation prohibited -
DUI underlying license
loss
2.
Forfeiture -
Defense -
prostitution & related sex
offenses, gambling, drugs & paraphernalia,
theft by receiving,
hit & run with serious bodily injury or death, drive by
crimes, crimes against the elderly
4.
Felony vehicular eluding
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42-4-1402 - Careless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense. |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points - not applicable to bicycle or
motorized bicycle |
4
Points
|
4
Points
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POTENTIAL
DEFENSES |
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careless driving is a traffic
offense, not a traffic infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction |
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10.6.102 - Careless Driving
Every person operating a motor vehicle on a highway, street, public way or elsewhere in this City, shall drive the same at a speed and in a manner which is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing; and every driver of a vehicle, in compliance with legal requirements and the duty to use due care, shall use every reasonable means to avoid endangering or colliding with any person, property, vehicle or other conveyance anywhere within the City. (1968 Code §6-6-2; Ord. 75-86; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges
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4
Points
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4
Points
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POTENTIAL
DEFENSES |
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careless driving is a traffic
offense, not a traffic infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction |


TRAFFIC DEFENSE
CARELESS DRIVING
RESULTING IN
INJURY OR DEATH
MISDEMEANOR TRAFFIC OFFENSE |
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CRS
42-4-1402 - Careless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.
Definition proximate cause:
CRS does not contain a definition. Proximate cause means an act or failure to act
which in natural and probable sequence produced the claimed injury. It is
a cause without which the claimed injury would not have occurred. COLJI
(Civil) 9:26 Essentially, proximate cause (legal cause) is a "but
for" test. But for this, that result or injury would not have
occurred, and there was neither independent intervening cause (something
else which caused the result or injury) or joint and concurring negligence on
the party of the victim which contributed to the injury.
Definition bodily injury: Physical pain, illness, or any impairment of physical or mental
condition. There is no degree of pain required as a threshold CRS
18-1-901(3)(C) |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 days - 1 year |
10 days - 1 year |
| Fine |
$100 - $1,000 |
$100 - $1,000 |
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Points
against
Colorado Driving Privileges
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4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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careless driving resulting in injury or
death is a traffic
offense, not a traffic infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic
offender statute.
Refer to
Habitual Offender page for more information
regarding 5 year license loss.
Refer to
Driving Under Restraint page regarding
possible felony consequences for driving thereafter. |
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CRS 42-4-1401
- Reckless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment. |
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| State Court Possible Penalties
- First Offense
|
Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points
- not applicable to bicycle or
motorized bicycle
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8
Points
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8
Points
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POTENTIAL
DEFENSES |
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reckless driving is a traffic
offense, not a traffic infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic
offender statute.
Refer to
Habitual Offender page for more information
regarding 5 year license loss.
Refer to
Driving Under Restraint page regarding
possible felony consequences for driving thereafter. |
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10.6.101 - Reckless Driving.
Colorado
Springs City Ordinances
It shall be unlawful for any person to drive any vehicle in this City in
willful or wanton disregard for the safety of persons or property. (1968 Code §6-6-1; Ord. 75-86; Ord. 88-151; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
|
Adult |
Minor |
| Jail |
10 - 90 days |
0 -
10 days |
| Fine |
$10 - $500 |
$10 - $500 |
|
Points
against
Colorado Driving Privileges
|
8
Points
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8
Points
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POTENTIAL
DEFENSES |
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NOTE: The previous
version of the Colorado Springs Ordinance (22-6-101) contained a provision that
speeding 55 mph or more in zone of 35 mph or less was prima facie evidence of
reckless driving. In cases of such speed,
CSPD Officers who have been
around awhile may be more likely to charge reckless driving and will more likely
set the case into Municipal Court - the old ordinance created a permissive
presumption for conviction. The presumption is now gone, but memory
persists. |
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reckless driving is a traffic
offense, not a traffic infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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CAN I
REALLY BE CRIMINALLY CHARGED FOR NEGLIGENCE? |
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Yes. The statutes have withstood constitutional challenge.
What about the fact I was driving on private property, not a public roadway?
Doesn't matter - not a defense
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WHAT
IS THE DIFFERENCE
BETWEEN CARELESS DRIVING AND RECKLESS DRIVING? |
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Reckless Driving. One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result.
Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972).
One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). This means
careless driving is a "lesser included offense" of reckless driving,
and if charged with reckless, a defendant may request a jury instruction on
careless. Reckless driving is a "lesser included offense of vehicular
eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997).
Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing.
id.
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POTENTIAL
DEFENSES |
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CARELESS DRIVING & RECKLESS DRIVING
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Careless driving offense is usually charged when a motor vehicle accident has
occurred. Negligence is a factual determination based upon the
circumstances of the case. Unless the defendant can challenge reasonable
suspicion for the initial contact, frequently the case turns upon factual
argument. Prosecutors usually offer reasonable plea bargains regarding
careless driving and the case need not go to trial.
Reckless
driving is usually charged in cases of excessive speed, especially when combined
with weaving in and out of traffic. It's frequently charged in connection
with a DUI,
DEAC or
DWAI
case or a younger driver feeling his oats, and it's not
uncommon a motorcycle was being driven. Reckless driving is more likely to
be charged today than years past due to the proliferation of cell phones and road rage -
a driver got somebody royally pissed off and the other driver called you in.
As with careless driving,
this is a factual circumstance argument the prosecutor won't deal the case and the
defendant can not challenge reasonable suspicion for the initial contact.
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TRAFFIC DEFENSE
HIT AND RUN
MISDEMEANOR TRAFFIC OFFENSE
OR FELONY
OFFENSE |
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OFFENSES
& STATUTES
hit and run convictions each carry 12
points |
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CRS 42-4-1601. Accidents involving death or personal injuries -
duties.
Attorney Note - major offense for purposes of habitual offender finding
(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603(1). Every such stop shall be made without obstructing traffic more than is necessary.
(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603(1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603(2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 5 felony if the accident resulted in serious bodily injury
to any person;
(c) A class 4 felony if the accident resulted in the death of any person.
(3) The department shall revoke the driver's license of the person so convicted.
(4) As used in this section and sections 42-4-1603 and 42-4-1606:
(a) "Injury" means physical pain, illness, or any impairment of physical or mental condition.
(b) "Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Refer to my primary website
Sentencing
page for more information.
Refer to my primary website
Nuisance
Abatement
page regarding
forfeiture of
vehicle. CRS 42-4-1602. Accident involving damage -
duty.
(1) The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person
shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who
violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense.
(2) When an accident occurs on the traveled portion, median, or ramp of
a divided highway and each vehicle involved can be safely driven, each driver
shall move such driver's vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603.
Refer to
Sentencing
page for more information.
CRS 42-4-1603. Duty to give
notice, information, and
aid. aka failure to stop & render aid
(1) The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, the driver's address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person.
(2) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver's part to be performed, shall immediately report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1606 and submit thereto the information specified in subsection (1) of this section.
Refer to my primary website
Sentencing
page for more information.
Refer to my primary website
Nuisance
Abatement
page regarding
forfeiture of
vehicle.
CRS 42-4-1604. Duty upon striking unattended vehicle or other
property.
The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver's name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section
shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
Refer to
Sentencing
page for more information.
CRS 42-4-1605. Duty upon striking highway fixtures or traffic control
devices.
The driver of any vehicle involved in an accident resulting only in damage to fixtures or traffic control devices upon or adjacent to a highway shall notify the road authority in charge of such property of that fact and of the driver's name and address and of the registration number of the vehicle he or she is driving and shall make report of such accident when and as required in section 42-4-1606. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
Refer to
Sentencing
page for more information.
CRS 42-4-1606. Duty to report
accidents. aka failure to report accident
(1) The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any
property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603(1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603(2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat.
(2) Repealed.
(3) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.
(4) (a) (I) It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of
the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, "inflatable restraint system" has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b).
(II) Repealed.
(b) The law enforcement officer shall not be required to complete an investigation or file an accident report:
(I) In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or
(II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person.
(5) The person in charge at any garage or repair shop to which is
brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the
name and address of the owner and operator of such vehicle together with any
other discernible information.
(6) Any person who violates any provision of this section commits a
class 2 misdemeanor traffic offense.
Refer to my primary website
Sentencing
page for more information.
Refer to my primary website
Nuisance
Abatement
page regarding
forfeiture of
vehicle.
CRS 42-4-1607. When driver unable to give notice or make written
report.
(1) Whenever the driver of a vehicle is physically incapable of giving
an immediate notice of an accident as required in section 42-4-1606(1) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
(2) Repealed.
(3) Any person who violates any provision of this section commits a
class 2 misdemeanor traffic offense.
Refer to
Sentencing
page for more information.
CRS 42-4-1608. Accident report
forms.
(1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this article, which reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the contributing circumstances, the conditions then existing, and the persons and vehicles involved.
(2) Every required
accident
report shall be made on a form approved by the department, where such form is available.
42-4-1609.
Coroners to Report.
Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the department
the death of any person within such official's jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident.
42-4-1610. Reports by interested parties
confidential.
All accident reports and supplemental reports required by law to be made by any driver, owner, or person involved in any accident shall be without prejudice to the individual so reporting and shall be for the confidential use of the department; except that the department may disclose the
identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. Except as provided in section 42-7-504(2), no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except that the department shall furnish, upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department. This section shall not be construed to mean that reports of investigation or other reports made by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be public records and shall be subject to the provisions of section 42-1-206. |
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due to variance of
misdemeanor and felony classifications, no quick sentencing grid can be
provided
refer to above statutes and sentencing links |
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each hit & run charges carries
12
Points
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POTENTIAL
DEFENSES |
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hit and
run charges are traffic
offenses, not traffic infractions
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction |
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Hit & run charges are frequently brought in conjunction with additional
charges of DUI,
DEAC,
DWAI,
Reckless
Driving,
Careless
Driving, Careless Driving Resulting in
Injury or Careless Driving Resulting in Death.
These are serious matters. Exercise your
right to
silence - make no statement and contact legal counsel. |
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POTENTIAL
DEFENSES |
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HIT & RUN
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Defendant's Vehicle Not Involved
in Accident
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Damage and transfer paint
The suspect's vehicle may
have damage and transfer paint on it the same color as that of the
victim's vehicle or other damaged object. That damage:
may have occurred in the
alleged hit and run accident,
may have been
pre-existing damage with similar color transfer paint
The victim's vehicle may
have sustained damage and transfer paint from the vehicle which struck
it. That transfer paint may appear to be the same as on the defendant's
vehicle and:
may be from the
suspect's / defendant's vehicle
may be from a third
person's vehicle
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"Red paint is not red
paint"
Paint scrapings may be
procured from both the defendant's vehicle and the victim's vehicle or
other damaged item.
Even paint batches of the
same color applied by the same vehicle manufacturer will have slightly
different chemical composition.
Electrophoresis testing of
the paints will reveal chemical composition and can prove whether or not
the transfer and original paints are from the same batch. Simply
put - the red transfer paint on your white vehicle didn't come from this
red vehicle belonging to defendant - exculpatory proof.
-
Dust off your check book - time
to pay an
investigator to procure the paint samples and preserve chain of
custody, and to pay the
laboratory for testing of paint
scrapings by infrared spectroscopy and scanning electron microscopy with
x-ray emission. Refer to
laboratory costs
- it's quite expensive. A series of tests are performed by the lab in
search of exclusion. As more tests are required to exclude,
laboratory fees and costs increase.
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Defendant Not Driving
-
The State must prove beyond a
reasonable doubt that the defendant was the person driving a vehicle
involved in the alleged accident.
It is common for a eyewitness to
record the license number of the vehicle leaving the scene, however not
recall any particulars regarding the driver - including but not limited to
sex, age, race or physical appearance.
-
Law enforcement officers are not
required to offer Miranda warnings unless an interrogation
(questioning) takes place in a custodial setting. They therefore
frequently attempt to ask questions regarding ownership and usage of the
vehicle, perhaps by phone when the suspect is caught totally unaware.
Arrest by phone is a tough argument for defense counsel regarding custodial
setting. Police may then include a request for an in person interview
at the station, with an invitation to come arrest and book through the jail
house if the suspect's cooperation is not forthcoming.
This attorney recommends the
suspect exercise his / her rights to silence and the presence of
counsel.
If the officer intends to
arrest, the defendant can make prior arrangements with a bail bondsman
to reduce the amount of time from initial booking to release.
Refer to the
bail bond
page.
Arrest without sufficient
evidence to convict is preferable to admissions which may ultimately
lead to conviction.
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Law enforcement officers can
obtain a court order to produce the vehicle, however they frequently
intimidate the owner by threatening to use
production and damage assessment.
This attorney recommends
production of the vehicle at counsel's office or a private
investigator's office.
Defendant client is not
available to the law enforcement officer for questioning, only the vehicle for
inspection
Intimidation and admissions
can not occur if the vehicle owner / client is not present
This attorney has seen law
enforcement officers photograph a client's vehicle and take
measurements, however in 30+ years of traffic practice, I have never seen
the State procure paint scrapings and conduct electrophoresis testing
regarding a hit and run charge.
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The defendant may have an alibi
- other location at the time of the alleged incident.
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Burden of Proof. The
state must prove each and every element of the offense charged beyond a
reasonable doubt. If a factual defense exists such as wrong transfer paint
or someone else driving, it's a good idea to preserve and present the evidence
necessary to convince a jury of your claims. You may even convince the
prosecutor that the state's case is so weak, they drop charges before trial. |
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COMPULSORY
INSURANCE
CRIMINAL TRAFFIC
CHARGES |
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| refer to above link for more detailed information
regarding
this traffic charge - attorney primary website |
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A driver may be charged with failing to provide evidence of compulsory insurance
coverage on a vehicle. This may be:
a. owner and operator of
the vehicle or owner but not the operator CRS
42-4-1409(1)
In 30+ years of practice, I
have not personally seen an owner (non-operator) charged with this
statutory offense. I suspect if a non-operator owner were to be
charged, it would be under circumstances of significant injuries and
damages.
b. operator but not the
owner of the vehicle CRS
42-4-1409(2)
c. failure to produce
evidence of insurance to the law enforcement officer CRS
42-4-1409(3)
If the vehicle was insured, defendant may file a motion to dismiss the compulsory
insurance charge with a copy of you evidence of insurance in effect on the date
of the stop or appear before a magistrate or judge on the date of the ticket with your
evidence of insurance. That is a defense to any one of the above charges - the
compulsory insurance charge will be dismissed. CRS
42-4-1409(6) This is not
complicated - you would not need an attorney.
If evidence of insurance coverage is not in your possession, you can obtain this
information from your insurance company by calling your agent at the time or the
insurance company home office. If you were not insured when stopped, obtain
coverage immediately and take the insurance binder to court with you.
Testimony by a law enforcement officer that evidence of insurance was requested,
but not produced is sufficient to support a conviction. CRS
42-4-1409(5) |
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CRS 42-4-1409
- Compulsory insurance - penalty -
repeal
(1) No owner of a motor vehicle required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by
CRS 10-4-705 and CRS 10-4-716
(2) No person shall operate a motor vehicle on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by
CRS 10-4-705 and CRS 10-4-716
attorney notation: multiple sections have been omitted or summarized for brevity - refer to
statutes
for full text
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| State Court Possible Penalties
- First Offense
|
Adult |
Minor |
| Jail
- CRS 42-4-1409(4)(a) |
10 days - 1 year |
10 days - 1 year |
| Fine
- CRS 42-4-1409(4)(a) |
$300 - $1,000 |
$300 - $1,000 |
| Mandatory
Minimum Fine |
$250
new insurance
$500 no new
insurance |
$250
new insurance
$500 no new insurance |
| UPS - see
PUBLIC
SERVICE AGENCIES |
40 hours |
40 hours |
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Points
against
Colorado driving privileges
|
4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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State Court Possible Penalties
Second or Subsequent Offense within 2 Years |
Adult |
Minor |
| Jail
- CRS 42-4-1409(4)(b) |
10 days - 1 year |
10 days - 1 year |
| Fine
- CRS 42-4-1409(4)(b) |
$300 - $1,000 |
$300 - $1,000 |
| Mandatory
Minimum Fine |
$500
new insurance
$1,000 no new insurance |
$500
new insurance
$1,000 no new insurance |
| UPS - see
PUBLIC
SERVICE AGENCIES |
40 hours |
40 hours |
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Points
against
Colorado driving privileges |
4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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compulsory insurance charges are traffic
offenses, not traffic infractions
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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10.28.101 - Compulsory Insurance |
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A. Insurance Required; Owner: No owner of a motor vehicle required to be registered in this State shall operate a vehicle or permit it to be operated on the streets and highways when the owner has failed to have a complying policy or certificate of self-insurance in force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
B. Insurance Required; Operator: No person shall operate any motor vehicle on the streets and highways of this municipality without a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
C. Present Evidence When Requested: When requested to do so following any lawful traffic contact or during any traffic investigation by a police officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
D. Failure To Present Evidence: Testimony of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716, when requested to do so by a police officer, shall constitute prima facie evidence, at a trial concerning a violation charge under subsection A, B or C of this section, that the owner or operator of a motor vehicle violated subsection A, B or C of this section.
E. Penalty:
1. As determined by the court, upon conviction for a first offense for violating subsection A, B, or C of this section, and with no previous convictions under Colorado Revised Statutes section 42-4-1409 during the previous two (2) years, the court shall impose a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) and, in addition, the court may impose imprisonment not to exceed ninety (90) days. The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
2. Upon a second or subsequent conviction under this section within a period of two (2) years following a prior conviction under this section or under Colorado Revised Statutes section 42-4-1409, the court shall impose a fine of not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00) and, in addition, the court may impose imprisonment not to exceed ninety (90) days. The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
3. No person charged with violating subsection A, B or C of this section shall be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716, at the time of the alleged violation.
F. Affirmation Of Insurance: Upon receipt, the owner of a motor vehicle shall sign and date an affirmation of insurance in the space provided on a vehicle registration described in Colorado Revised Statutes sections 42-3-112(2) and (3). (Ord. 95-169; Ord. 00-61; Ord. 01-42) |
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Colorado
Springs Municipal Court
Possible Penalties
- First Offense
|
Adult |
Minor |
| Jail
- 10.28.101(e)(1) |
0 - 90 days |
0 -
10 days |
| Fine
- 10.28.101(e)(1) |
$100 - $500 |
$10 - $500 |
| Mandatory
Minimum Fine |
$100 |
$100 |
| UPS - see
PUBLIC
SERVICE AGENCIES |
none |
none |
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Points
against
Colorado driving privileges |
4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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Colorado
Springs Municipal Court
Possible Penalties
Second or Subsequent Offense within 2 Years
|
Adult |
Minor |
| Jail
- 10.28.101(e)(2) |
10 - 90 days |
0 -
10 days |
| Fine
- 10.28.101(e)(2) |
$200 - $500 |
$10 - $500 |
| Mandatory
Minimum Fine & Costs |
$288 |
$288 |
| UPS - see
PUBLIC
SERVICE AGENCIES |
none |
none |
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Points
against
Colorado driving privileges |
4
Points |
4
Points |
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POTENTIAL
DEFENSES |
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compulsory insurance charges are traffic
offenses, not traffic infractions
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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| refer to
above link and to the below links for information regarding direct
consequences of conviction |
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If compulsory
Insurance CRS 42-4-1409 court conviction enters, DMV insurance
suspension adverse action treatment is very different, depending upon whether
the conviction is for: |
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refer to links for
simple information - you may save $$ thousands insurance premium |
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LINKS TO OTHER DMV INSURANCE
SUSPENSIONS |
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POTENTIAL
DEFENSES
COMPULSORY INSURANCE |
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In this attorney's opinion, the state legislature finally got one right - and they made it
simple.
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Prosecution is simple. If a law enforcement officer testifies the
defendant failed to produce insurance, that is sufficient for conviction.
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Defense is simple. If a defendant can produce to the court evidence of
insurance which was in effect for the vehicle and driver on the date of the
alleged offense, dismissal is automatic. Courts or prosecutors
frequently verify that the insurance was in effect.
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No muss, no fuss in the court proceedings.
Refer to the
DMV -
Insurance Adverse Actions
link for knowledge as to driver's license suspension and
SR-22
proof of insurance
consequences if you are convicted of a compulsory insurance criminal charge.
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The "bad stuff"
happens quickly when you have insufficient knowledge of law and procedures.
With the information in this page and
DMV -
Insurance Adverse Actions page, you may be able to avoid that.
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If defendant was not insured on the date of offense, obtain
coverage immediately and take the insurance binder to court with you.
While not a defense to the charge, it will likely affect plea negotiations. |
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The subject matter of alcohol related traffic offenses is too complex to treat
in any degree of detail in a multiple topic webpage. The above link will
direct your browser to more information; just a few highlights here.
DEFINITIONS
AND INFERENCES
1.
Driving under the
influence
(DUI) means driving a vehicle when a person has consumed alcohol or one or more
drugs, or a combination of alcohol and one or more drugs, which alcohol alone,
or one or more drugs alone, or alcohol combined with one or more drugs affects
the person to a degree that the person is substantially incapable, either
mentally or physically, or both mentally and physically, to exercise clear
judgment, sufficient physical control, or due care in the safe operation of a
vehicle.
CRS 42-4-1301(1)(f)
2. Driving while ability
impaired
(DWAI) means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
CRS 42-4-1301(1)(g)
3.
a. Driving with excessive
alcohol content (DEAC)
means driving a vehicle when blood or breath alcohol concentration is .08 or
more grams of alcohol per 100 ml of blood or 210 liters of breath; tested
within 2 hours from time of driving.
CRS 42-4-1301(2)(a)
b. "Baby DUI" is a term commonly
used for underage drivers with a limited BAC. It means driving a vehicle when blood or breath alcohol concentration is
at least .02 but not more than .05 grams of alcohol
per 100 ml of blood or 210 liters of breath; tested within 2 hours from time
of driving.
CRS 42-4-1301(2)(a.5) "Baby DUI" is a class
A traffic infraction with adverse
license
consequences. Refer also to
vehicle
forfeiture - legislative debate.
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4. Vehicle means any
device which is capable of moving itself, or of being moved, from place to place
upon wheels or endless tracks; but such term shall not include any farm tractor
or any implement of husbandry designed primarily or exclusively for use and used
in agricultural operations or any device moved by muscular power, or moved
exclusively over stationary rails or tracks, or designed to move primarily
through the air. Source: COLJI 37(10) - that's a jury instruction.
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The law has changed from operating a motor vehicle to
operating a vehicle.
Prosecutors are now charging "DUI
Bicycle" |
DRUNK DRIVING
DEFENSES |
5. Driver means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.
CRS 42-1-102(27)
6. Operating a motorboat or
sailboat while under the influence means operating a motorboat or
sailboat or being in actual physical control when the operator is substantially
incapable of safely operating the boat due to being under the influence of
alcohol or drugs, or a combination thereof or have a blood alcohol
concentration of .08 grams of alcohol per 100 ml of blood or per 210 liters of
breath or greater. CRS 33-13-108.1
7.
Inferences:
the judge or jury may infer the following: (aka permissive presumption -
fact finder can presume or can ignore)
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BAC below 0 .050
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inference
of sobriety
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BAC of 0 .050 to 0.08
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inference of impaired, but can be used
as evidence of intoxication
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BAC above 0 .08
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inference
of intoxication
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On May 5,
2004 Colorado Legislature
House
Bill 04-1021 lowered the
BAC limit from 0.10 to 0.08 regarding DUI presumption, DEAC threshold and
driver's license
excessive alcohol revocation. Law effective date: July 1, 2004 |
8. Prima facie case.
The District Attorney Office may not dismiss a
DUI,
DEAC or
DWAI
charge or reduce the charge to
a non-alcohol offense unless a good faith representation
is made by the prosecuting attorney that the attorney could not establish a prima facie case if the defendant were brought to trial on the original alcohol-related or drug-related offense.
That means the prosecutor represents to the Court that the state could not
produce sufficient evidence to withstand a motion for judgment of acquittal at
the end of the prosecution's case in chief.
8.
Generic information.
Alcohol traffic defense is far too complex to cover in a couple paragraphs.
Below find links to common matters.


If your license is presently
suspended, revoked or denied, there is very good reason to immediately stop
driving until you are reinstated, in possession of a valid license and
properly insured.
If a defendant is presently charged with
driving under restraint and is currently eligible to reinstate and obtain a
valid license it is advisable to do so immediately. Passage of time and
being eligible for reinstatement is insufficient. A DMV suspension,
revocation or denial order is for a time certain, but continues forever
until the driver takes affirmative action to become reinstated and licensed or
obtain a DMV clearance letter. Every driver should act immediately before
incurring additional criminal charges.
$10,000
bail bond
to be released while the case is pending + mandatory jail
sentence if convicted
If that catches your attention, follow the above title link to a summary of criminal actions,
defenses and penalties which may
result from loss of driver's license or privileges to drive in Colorado.
If that catches your attention, follow the above title link to a summary of criminal actions,
defenses and penalties which may
result from continued operation of a vehicle after loss of driver's license or privileges to drive in Colorado.
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Driving without getting
caught? refer to Murphy's law.
And Mrs. Murphy adds:
"At the worst possible time"
law enforcement officers
equipped with the latest sophisticated equipment are on patrol
click photo to right for Southern Colorado law enforcement agency
listings |
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1. Jail. Driving under
restraint traffic offenses are misdemeanor criminal charges and carry mandatory jail
in addition to fine, court costs, points and other conditions as may be
specified by statute or are reasonably related to rehabilitation.
Statutory minimum and maximum amounts of jail depend upon whether alcohol (DUI,
DEAC or
DWAI) conviction entered in any offense underlying the suspension,
revocation or denial. See below explanations.
2. Court Appointed
Counsel
a. If jail may be imposed for any
period, including offenses less than 6 months jail, the state has an obligation to
appoint an attorney for an indigent (poor) defendant. An
indigent defendant has a constitutional right to appointed counsel "only
when, if he loses, he may be deprived of his physical liberty." Lassiter
v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68
L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct.
2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d
1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of
crimes if imprisonment may be imposed).
b. The defendant may not choose
his / her own lawyer. When an appointment is made, the court appoints the
Public Defender's
Office and if there is a conflict due to multiple defendants, the court
a member of the private defense bar who has contracted with the state for court
appointments.
c. If the
prosecutor
waives jail, the state's obligation to provide counsel is negated. When an indigent defendant
is not actually sentenced to a term of imprisonment, due process does not
require the appointment of counsel. See Scott v. Illinois, 440 U.S. 367,
99 S.Ct. 1158, 59 L.Ed.2d 383 (1979). This could happen by reduction of
the charge and waiver of jail by the prosecution.
| 3. a.
Court
Proceedings |
Refer to link within this
website for abbreviated synopsis. |
| b.
Court
- Misdemeanor |
Refer to link within my primary
website for additional information |
| c.
Court
- Felony |
Refer to link within my primary
website for additional information |
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POTENTIAL
DEFENSES |
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DUS - DUR - DARP
caveat - more law is applicable - just a brief overview here
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DMV failed to provide lawful
notice of adverse action and defendant didn't have actual knowledge
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Lack of reasonable suspicion for
initial contact by the law enforcement officer
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Lack of probable cause for
arrest or seizure of the defendant's person
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Defendant's admissions the
result of undue influence, duress and coercion - due process violation
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Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
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Alleged offense did not occur on
public roadway or highway
Private land won't convict
A farmer plowing his field
isn't in trouble until he enters or crosses the roadway
Are shopping mall parking
lots, etc. public or private? - ah ha! - now I get it
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Identity error
Defendant was not the person
suspended, revoked or denied -
Proper adverse ruling,
but applied to the record of the wrong individual
DMV suspended the wrong
"John Jones" or "Sam Smith" - identity error in
ruling
A third person, not
defendant, was driving a motor vehicle
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Reasonable doubt - state can not
prove
Adverse action had been
taken against the defendant
Defendant was the person
driving
Defendant's actions
constituted "driving"
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Collateral
attack - refer to link for information
Attack convictions
underlying the DMV adverse action
Attack the DMV adverse
action ruling
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Jurisdictional
attack - refer to link for information
Attack the jurisdiction of
the court in the pending criminal case
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When all else fails:
Trial lawyer's adage:
If the facts are on your
side - pound the facts.
If the law is on your
side - pound the law.
If neither the facts nor
the law are on your side - pound the table !
And if that fails ----
Flip Wilson quote:
"the devil made me do it"
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legislative debate
Refer to Link for Information
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PENALTY
DRIVING UNDER RESTRAINT
MISDEMEANOR OFFENSE |
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SUSPENSION, REVOCATION OR DENIAL
NOT
ALCOHOL RELATED |
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Colorado driver's
license or Colorado driving privileges are suspended, revoked or denied as
a result of conviction of non-alcohol related offenses, and the driver is
subsequently
arrested on a charge of driving under restraint - suspension, revocation or
denial:
CRIMINAL PENALTY
FINE: Minimum $50 -
Maximum $500
JAIL:
Mandatory
minimum 5 days -
6 months maximum
" the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an
emergency"
CRS
42-2-138
PENALTY AGAINST DRIVING
PRIVILEGES
Any moving
violation or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS
42-2-138
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PENALTY
DRIVING UNDER RESTRAINT
MISDEMEANOR OFFENSE |
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ALCOHOL RELATED
SUSPENSION
REVOCATION OR DENIAL |
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Colorado driver's
license or Colorado driving privileges are suspended, revoked or denied as
a result of conviction of alcohol related offenses, and/or driving privileges
have been revoked for excessive alcohol content or refusing a chemical test and
the driver is subsequently
arrested on a charge of driving under restraint - suspension, revocation or
denial:
BAIL BOND
PENDING FINAL
DISPOSITION
- read the statutes - it's real
Persistent Drunk
Driver Statutes (PDDS)
Suspect must be booked into
jail
Suspect must be held overnight until
advised by a judge
Statutory
bail bond
is $10,000 CRS 16-4-103(b)
Premium to a
bondsman would be $1,500, plus collateral for the bond is likely.
CRS
42-1-102, CRS
16-4-103, CRS
12-7-108
PDDS is relatively new
and many law enforcement officers are as yet unaware
CRIMINAL PENALTY
FINE: Minimum $500 -
Maximum $1,000
JAIL:
Mandatory
minimum 30 days - 1 year maximum
" the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an
emergency"
CRS
42-2-138
PENALTY AGAINST DRIVING
PRIVILEGES
Any moving
violation conviction or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS
42-2-138
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PENALTY - DARP
DRIVING AFTER REVOCATION
PROHIBITED
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HABITUAL OFFENDER SUSPENSION, REVOCATION OR DENIAL
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Colorado driver's
license or Colorado driving privileges have been revoked or denied as
a result of DOR ruling that the driver is an habitual traffic offender.
For information regarding the habitual traffic offender process, refer to the
Habitual
Traffic Offender page.
Defendant has been arrested
for allegedly operating a motor vehicle during a period his / her Colorado
driving privileges have been revoked or denied as habitual traffic offender.
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PENALTY -
DARP
DRIVING AFTER REVOCATION PROHIBITED
MISDEMEANOR |
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NEW OFFENSE
DOES
NOT INCLUDE
ALCOHOL * RECKLESS DRIVING
ELUDING * HIT & RUN |
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HABITUAL OFFENDER
REVOCATION OR DENIAL |
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BAIL BOND
PENDING FINAL
DISPOSITION
- read the statutes - it's real
Persistent Drunk
Driver Statutes (PDDS)
Suspect must be booked into
jail
Suspect must be held overnight until
advised by a judge
Statutory
bail bond
is $10,000 CRS 16-4-103(b)
Premium to a
bondsman would be $1,500, plus collateral for the bond is likely.
CRS
42-1-102, CRS
16-4-103, CRS
12-7-108
PDDS is relatively new
and many law enforcement officers are as yet unaware
CLASS 1 MISDEMEANOR CRIMINAL
PENALTY
FINE: Minimum $500 -
Maximum $5,000
JAIL:
Presumptive
Term: 6 months minimum to 18 months maximum
Mandatory
Minimum: Jail Term - 30 days / Fine - $3,000
" Notwithstanding the provisions of CRS 18-1.3-501, any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in
CRS 18-1.3-501,
The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public
service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph
(II)."
CRS 42-2-206((1)(a)(II), CRS 18-1.3-501, CRS
18-1-106
PENALTY AGAINST DRIVING
PRIVILEGES
Any moving
violation conviction or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS
42-2-138
Conviction of a major
offense with two prior major offense convictions within seven years
meets the statutory criteria for
habitual
offender status finding and revocation for an additional five
years to run consecutively (back to back) from any other license
loss. So long as convictions remain within the relevant statutory
period, they may be used each time a new conviction enters.
Driver is afforded
notice, hearing and an opportunity to be heard. Refer to
habitual
offender page.
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PENALTY -
DARP
DRIVING AFTER REVOCATION PROHIBITED
FELONY |
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NEW OFFENSE
DOES INCLUDE
ALCOHOL * RECKLESS DRIVING
ELUDING * HIT & RUN |
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HABITUAL OFFENDER
REVOCATION OR DENIAL |
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BAIL BOND
PENDING FINAL
DISPOSITION
- read the statutes - it's real
Persistent Drunk
Driver Statutes (PDDS)
Suspect must be booked into
jail
Suspect must be held overnight until
advised by a judge
Statutory
bail bond
is $10,000 CRS 16-4-103(b)
Premium to a
bondsman would be $1,500, plus collateral for the bond is likely.
CRS
42-1-102, CRS
16-4-103, CRS
12-7-108
PDDS is relatively new
and many law enforcement officers are as yet unaware
CLASS 6 FELONY
CRIMINAL PENALTY
FINE:
Minimum
$1,000 - Maximum $100,000
PRISON:
Presumptive
Term: Minimum
incarceration of 1 year to the Colorado Department of Corrections
(penitentiary) to presumptive maximum 1 2 years
Aggravated
Term: Presence of statutory aggravating
factors may cause mandatory minimum sentence to be 1 year 3 months up to
maximum of 3 years
Mandatory
Minimum: Jail Term - none provided / Fine - none provided
"Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section
CRS 18-1.3-401"
Individual sentenced pursuant to
CRS 42-2-206(1) may be considered for community correctional program.
People v. Scott, 200 Colo. 365, 615 P.2d 680 (1980).
CRS 42-2-206((2)(b), CRS
18-1.3-401, CRS 18-1-105, CRS
18-1-105(9.5)
Prosecutors may offer a favorable plea disposition if the defendant
pleads straight up to the felony, including minimal or no county
jail. Tempting as it sounds, the problem with that type of a
driving under revocation prohibited disposition is that the person is on
probation for a felony - a significant sentencing enhancer - black widow
waiting in the web waiting for defendant to drive again.
CRS 18-10105(9) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall
require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a
felony. That's 1 year, 3 months - 3 years state penitentiary
time.
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the
felony.
CRS 18-1.3-401(8) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a
felony. That's 1 year, 3 months - 3 years state penitentiary
time.
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the
felony.
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PENALTY AGAINST DRIVING
PRIVILEGES |
Any moving
violation conviction or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS
42-2-138
Conviction of a major
offense with two prior major offense convictions within seven years
meets the statutory criteria for
habitual
offender status finding and revocation for an additional five
years to run consecutively (back to back) from any other license
loss. So long as convictions remain within the relevant statutory
period, they may be used each time a new conviction enters.
Driver is afforded
notice, hearing and an opportunity to be heard. Refer to
habitual
offender page.
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If a person who was determined to
be habitual traffic offender is caught driving before reinstatement, he or she
will be charged with driving after revocation prohibited. Depending upon the
circumstances at the time of the stop, that may be:
Misdemeanor charge -county jail
possible: (current charge non-aggravated)
Presumptive county jail 6 months minimum to 18 months maximum
Mandatory minimum jail term 30 days / Fine $3,000
Can be suspended with 40
- 300 hours public service
Presumptive fine $500 -
$5,000
CRS 42-2-206((1)(a)(II), CRS 18-1.3-501, CRS
18-1-106
Class 6 felony punishable:
(current charge aggravated alcohol related, reckless driving, eluding or hit
& run)
Presumptive Colorado Department of
Corrections (penitentiary) minimum incarceration
1 year to presumptive maximum 1 ½
years
Mandatory minimum jail term: none
Fine $1,000 - $100,000
CRS 42-2-206((2)(b), CRS
18-1.3-401, CRS 18-1-105, CRS
18-1-105(9.5)
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PENALTY - DRIVING UNDER RESTRAINT
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INSURANCE TERM REVOCATION
FAILURE TO CARRY SR-22 INSURANCE |
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If the SR-22 financial responsibility requirement has been imposed upon a
driver, he / she must comply. If the driver fails to carry the insurance
coverage or pay the premiums, the insurance company will notify the DMV which
will impose an insurance term revocation upon the driver.
Mandatory minimum jail 5
days
" the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an
emergency"
Maximum jail: 6 months
Minimum fine $50 Maximum fine $500
CRS
42-7-422
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PENALTY -
DRIVING UNDER RESTRAINT &
DRIVING AFTER REVOCATION PROHIBITED
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EMERGENCY -
POSSIBLE AVOIDANCE OF JAIL
Burden and Standard of Proof + Procedure |
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Each statute makes reference to mandatory jail, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an
"emergency."
What's this "emergency" stuff all about - who must prove, by how much
evidence, what does it mean, who decides if it really is an emergency, and what effect will that
have on sentencing?
A defendant has the right to
have the state prove every element of an offense beyond a reasonable doubt.
However,
the fact of emergency has no bearing on the establishment of the offense. Its
sole significance is in determining whether an otherwise mandatory sentence may
be suspended or probation granted.
Defendant must prove
the existence of an emergency by a preponderance of the evidence. Information with respect to an alleged emergency is peculiarly within the
knowledge of the defendant. The Colorado Supreme Court has concluded that to require the defendant to prove
emergency does not shift the burden of proof with respect to any fact essential
to the offense charged contrary to the dictates of due process of law.
The due process test for vagueness is commonly expressed as whether a
statute describes prohibited conduct in terms such that men of ordinary intelligence must
necessarily guess as to its meaning and differ as to its application.
"Emergency" has a sufficiently well understood common meaning within the context of
driving under
restraint to be applied by judge or jury without violating due process rights of the defendant.
Existence of an emergency does not affect the criminality of the conduct and
is not as a part of the issue of guilt at trial on
driving
under restraint. It does, however, have a
substantial effect on the trial court's discretion in sentencing. The trial
judge at sentencing hearing will make the determination regarding the
existence of an emergency, not the jury at trial.
Even if an emergency is established, the
court retains the discretion to deny probation and suspension of sentence and to
impose any sentence of confinement authorized by statute. Thus the
penalty range is not automatically revised by establishment of an emergency.
Stated another way, the judge is no longer required to impose jail or
penitentiary time, by may do so - it's the judge's call.
People v. McKnight,
200 Colo. 486, 617 P.2d 1178 (Colo. 1980)
Note: Mr. McKnight's driver's license was revoked as an habitual
offender for a period of 5 years on the basis of 3 alcohol traffic
convictions with 7 years - he was age 67 at the time. He was arrested
for a 4th DUI and charged with a DARP prior
version - driving after judgment prohibited CRS 42-2-206 class 5 felony. Mr.
McKnight appealed from a penitentiary sentence of an
indeterminate term not to exceed five years. Tough sentence on an old
man who claimed he drove for an "emergency" to get his invalid
wife medicine. Case citations in this website appear quite impersonal,
but they represent real people with real problems. DUR / DARP
are serious matters.
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under restraint &
driving after revocation prohibited are misdemeanor or felony offenses, not infractions
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction |
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Refer to Above Link Primary Website for More Information Regarding Camera
Enforcement Purposes |
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CRS 42-4-1413. Eluding or attempting to elude a police
officer
Any operator of a motor vehicle who the officer has reasonable grounds to
believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police
officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the
operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police
officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor
traffic offense. |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points
against
Colorado Driving Privileges |
12
Points |
12
Points |
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POTENTIAL
DEFENSES |
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Eluding is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
However, refer to
DARP Aggravator
criminal court sentencing |
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eluding a police officer is a traffic
offense, not a infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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10.24.109: ELUDING OR ATTEMPTING TO ELUDE POLICE
OFFICER
It shall be unlawful for any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a State law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff or Colorado State patrol car directing the operator to bring the operator's vehicle to a stop, to wilfully increase the speed or extinguish the lights in an attempt to elude the police officer, or wilfully attempt in any other manner to elude the police officer, or does elude the police officer. (1968 Code §6-24-9; Ord. 75-86; Ord. 81-204; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
1- 12
Points
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1 - 12
Points
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POTENTIAL
DEFENSES |
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Eluding is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
However, refer to
DARP Aggravator
criminal court sentencing |
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eluding a police officer is a traffic
offense, not a infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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TRAFFIC DEFENSE
VEHICULAR ELUDING
ATTEMPTING TO ELUDE A POLICE
OFFICER
state court only - crime exceeds the jurisdiction of municipal court
FELONY OFFENSE |
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CRS 18-9-116.5. Vehicular eluding
Any person who, while operating a motor vehicle, knowingly eludes or
attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said
peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding. Vehicular eluding is a class 5 felony; except
that vehicular eluding which results in bodily injury to another person is a class 4 felony and vehicular eluding which results in death to another
person is a class 3 felony. |
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POTENTIAL
DEFENSES |
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Eluding is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
However, refer to
DARP Aggravator
criminal court sentencing |
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vehicular eluding a police officer is a
felony offense, not a traffic infraction
NOT subject to
benefit of
early payment point reduction
early payment not available due to severity
of conviction
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AGGRAVATOR
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ELUDING OR ATTEMPTING TO ELUDE AN
OFFICER
refer to link for addition information |
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CRS
42-2-206. Driving after revocation prohibited.
State
Statutes - CRS
(b) (I) A person commits the crime of aggravated driving with a revoked
license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the
department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses:
(D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;
(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
Refer to
CRS 42-2-206 for the
entire statute |
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CRS 16-13-303. Class 1 public
nuisance.
State
Statutes - CRS (1)(j) Used in the commission of
felony vehicular eluding pursuant to section 18-9-116.5,
C.R.S.; (2) All fixtures and contents of any building, structure, vehicle, or
real property which is a class 1 public nuisance under subsection (1) of this section and all property which is a class 1 public nuisance under
subsection (1.5) of this section are subject to seizure, confiscation, and forfeiture as provided in this part 3. In addition, the personal
property of every kind and description, including currency and other negotiable instruments and vehicles, used in conducting, maintaining,
aiding, or abetting any class 1 public nuisance is subject to seizure, confiscation, and forfeiture, as provided in this part 3. |
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WHAT
IS THE DIFFERENCE BETWEEN MISDEMEANOR & FELONY ELUDING? |
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Essentially -
reckless
driving.
One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result.
Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972).
One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). This means
careless driving is a "lesser included offense" of reckless driving,
and if charged with reckless, a defendant may request a jury instruction on
careless. Reckless driving is a "lesser included offense of vehicular
eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997).
Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing.
id. |
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The felony has aggravators for vehicular eluding which results in bodily injury to another person
(class 4 felony) and
for vehicular eluding which results in death to another
person (class 3 felony).
Bodily Injury means physical pain, illness,
or any impairment of physical or mental condition Source: COLJI 5(5), CRS
18-1-901(3)(c) Attorney Note: no specific
degree of pain is required under the definition. |


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PERIOD COVERED - POINTS
CAUSING SUSPENSION |
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DRIVER CLASSIFICATION |
AGE |
12 MONTHS |
24 MONTHS |
PERIOD LICENSE ISSUED |
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Adult |
21 and over |
12 |
18 |
n/a |
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Provisional |
18 - 21 |
9 |
12 |
14 |
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Minor |
16 - 18 |
6 |
n/a |
7 |
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12 MONTHS |
24 MONTHS |
48 MONTHS |
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Chauffeur
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n/a |
16 |
24 |
28 |
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Chauffeur
Information
chauffeur additional point
allowance not applicable if any
points are alcohol related or leaving the scene of an accident
CRS 42-2-127(1)
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Regarding
points which are the basis for suspension. If any such
points were incurred outside the course & scope of employment, driver is
not entitled the additional points
granted under the chauffeur exception.
Edwards v. Motor Vehicle Div., 33 Colo. App. 382 (1974), Michels
v. Motor Vehicle Div of Dept. of Revenue, 32 Colo. App. 106, 506
P.2d 1243 (1973). Put another way, all
points must be job related or the driver will fall under the
normal point system - minor, provisional or adult. |
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POINTS ASSESSED - COMMON
TICKETS
CRS 42-2-127
and Relevant Offenses |
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if you are a driver licensed outside of Colorado & are wondering about
reporting to your home state, refer to
INTERSTATE COMPACT |
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STATE COURT PENALTY
ASSESSMENT
POINT REDUCTION - EARLY PAYMENT
CRS 42-2-127(5.5) |
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If a person receives a penalty
assessment notice for a violation under section 42-4-1701(5) and such
person pays the fine and surcharge for the violation on or before the
date the payment is due, the points assessed for the violation are
reduced as follows: |
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Early Payment
2 Point Reduction |
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(a) For a violation having an
assessment of three or more points under subsection (5) of this
section, the points are reduced by two points; |
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Early Payment
1 Point Reduction |
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(b) For a violation having an
assessment of two points under subsection (5) of this section, the
points are reduced by one point. |
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MUNICIPAL COURT
PENALTY ASSESSMENT
POINT REDUCTION AUTHORITY - EARLY PAYMENT
CRS 42-2-127(5.6) |
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(a) Any municipality may elect to have
the provisions of subsection (5.5) of this section apply to penalty
assessment notices issued by the municipality pursuant to counterpart
municipal ordinances. Whenever a municipality reduces a traffic offense,
the reduced offense and the points assessed for such reduced offense
shall conform to the point assessment schedule under subsection (5) of
this section.
(b) Any county may elect to have the provisions of subsection (5.5) of
this section apply to penalty assessment notices issued by the county
pursuant to counterpart county ordinances. Whenever a county reduces a
traffic offense, the reduced offense and the points assessed for such
reduced offense shall conform to the point assessment schedule under
subsection (5) of this section. |
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COLORADO SPRINGS
MUNICIPAL COURT
HAS NOT ADOPTED EARLY PAYMENT POINT REDUCTION
a driver will not receive point
reduction for traffic ticket early payment in Colorado Springs
Municipal Court
appearance in court and negotiation with an assistant city attorney may
result in point reduction, but
early payment => full points |
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PERSONAL SERVICE REQUIREMENT
PENALTY ASSESSMENT POINTS
CRS 42-2-127(5.7) |
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Notwithstanding any other provision of
the statutes to the contrary, if a penalty assessment for a traffic
infraction is not personally served on the defendant or the defendant
has not accepted the jurisdiction of the court for such penalty
assessment, then the traffic infraction is a class B traffic infraction
and the department has no authority to assess any points under this
section upon entry of judgment for such traffic infraction. |
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AUTOMATED TRAFFIC CAMS
NO POINTS ASSESSED
CRS 42-2-127(5.8) |
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Notwithstanding any other provision of
this section, the department may not assess any points for a violation
if such assessment of points is prohibited under section 42-4-110.5(3).
Note - this statute is identified as automated vehicle identification
systems - this is the traffic cam system used to issue traffic tickets. |
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LOSS OF COLORADO
DRIVING PRIVILEGES |
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Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the District
Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon District Court final order, either party make take the case on appeal to the
Colorado Court of
Appeals. |
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| traffic tickets may have an impact
upon a driver's license or privileges to drive in Colorado |
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Under Colorado law, if the insurance information
of a driver was not included in a law enforcement traffic accident report,
an on-line State of Colorado Accident Report must be submitted to the
Colorado DMV
within 10 days of an accident. CRS 42-4-1609 If the accident occurs
within the City of Colorado Springs and an officer does not respond or
complete an accident report, a
CSPD
Accident Cold Report is due
within 72 hours. Also by statute, statements by a
driver in the accident report may not be used in conjunction with any court
proceedings, criminal or civil, except that the DMV may disclose the identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his or her presence at such
accident. CRS 42-4-1610, CRS 42-7-504. Refer to link in above box for DMV
on-line accident report and Colorado DMV forms. The primary
purpose of filing the accident report is to comply with state law, and to
provide evidence of insurance on the vehicle - thereby avoiding an
FRA
suspension. If
hit & run,
an
alcohol traffic offense
such as DUI, DEAC, DWAI or MIP or
driving under restraint charges are alleged, a driver should consult with his or her defense attorney
regarding exercise of constitutional privileges before making any oral or
written statement. |
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| DMV - Address Change |
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If any driver has not given the DMV
your current address, do immediately. The DMV is only required to provide
notices to the last address in their records. Drivers may request a hearing or
provide a change of address to any DMV office. |
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DMV Colorado Springs Regional
Service Center |
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State
of Driver's License Issuance - Colorado DUI stop - Seizure |
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Colorado License
Most likely the driver's license was physically seized by the arresting officer
at the time of arrest if the driver refused chemical testing or had a breath test. If the driver elected
and completed a blood test, the license probably was not seized as the officer did not know
the results, but will be seized at the revocation hearing if adverse ruling
enters. If the driver wins the
DMV hearing, the license will be returned with no adverse consequences If the driver loses the
DMV hearing, unless in possession of a valid out of state driver's license prior to
revocation of the Colorado license, he / she may not drive anywhere in the U.S. Refer to
DMV
adverse action page |
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Out of state license
Colorado law provides that an out of state license be seized by Colorado
DMV. But see State v. Kivell, 463 N.E.2d 52, 55 (Ohio App. 1983) and
Commonwealth
v. Levy, 194 Pa.Super. 390, 169 A.2d 596, 598 (1961) - deciding
whether a trial judge could seize an out of state license pursuant to
DWI state law, ruling entered that a license issued by another state can
only be suspended or revoked by it. Put another way - a state can
deny privileges within it's boundaries and send notice to the home
state, but what a state didn't grant, the state can't take away.
The license can not be seized because it is valid in the home state and
other states absent adverse action by the home state. This issue has not yet been tested at the
Colorado appellate level. Hmmm.... but none of my clients have
wanted to spend the money on an appeal - so.... police and the DMV
continue to seize out of state licenses. Every attorney is awaiting a
client with the resources and resolve to test the law on appeal. Most likely the driver's license was physically seized by the arresting officer
at the time of arrest if the driver refused chemical testing or had a breath test. If the driver elected
and completed a blood test, the license probably was not seized as the officer did not know
the results, but will be seized at the revocation hearing if adverse ruling
enters. A Colorado
revocation or denial will prevent the driver from lawfully driving in Colorado on
an out of state license. Regarding possibility of
a duplicate foreign license which may be valid outside Colorado, please
refer to my primary website
Interstate
Compact page Please refer to my primary website
DMV
adverse action page |
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INDEPENDENT SERVICE
PROVIDERS |
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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TRAFFIC TICKET DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney? |
Whether a driver needs counsel
depends upon the seriousness of the traffic ticket, the consequences
which are likely (fines, possible jail, points, possible license loss
and effect on insurance coverage or rates). Usually, it boils down
to an economic decision. It is always preferable to have an
experienced defense attorney handle a court case, but economics is a
reality within the discretion of each driver.
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At the time of the first visit, a prospective
client will be given a quote for fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Fee quote and costs
trust deposit is dependent upon the facts and circumstances of each individual
case. Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
settlement flat fee with trailing trial flat fee 3) trial flat fee only
4) hourly fees or flat fee at client's discretion. Attorney determines
options to be offered. Litigation costs are not included in fees -
client's obligation. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case. Refer to:
a)
first
consultation b)
attorney fees * costs * billings page
c) additional
information.
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POTENTIAL FEE
QUOTE
TRAFFIC TICKET DEFENSE |
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hourly fees may be less than offered
flat fees, however are not capped and more likely may exceed offered
flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to
retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments * full payment is
due at the time attorney is retained *
major charge cards accepted |
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$TBD
To Be
Determined
SPECIFIC
OFFENSE FEES BELOW |
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use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility |
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Due to
the fact traffic charges may vary so
widely between felony offense, misdemeanor offense,
petty offense, traffic offense or traffic
infraction, it is not possible to ballpark estimate
fees or costs without knowing more about the charges, allegations and surrounding
factual circumstances. That is the purpose of
an
initial consultation. |
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Fees &
anticipated costs for more predictable cases have been
quoted in relevant topical pages of primary website -
linked below or accessible through
Primary
Website Traffic Defense Gateway or through counsel's
Criminal & Traffic Defense
Website. |
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Legal research,
research time and litigation preparation regarding
nuisance vehicle forfeiture
would increase estimates. |
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Fees and anticipated costs for some DMV license actions have been quoted
in the relevant DMV topical pages of primary website. These may be
accessed through the
Primary Website DMV Gateway.
or through counsel's
DMV Defense Website. |
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Attorney generally offers hourly fees or
a settlement flat fee. Most traffic cases plea bargain and do not
proceed to trial, however that would not be applicable to: |
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1. |
DUI 1st
with a BAC exceeding .20 grams of alcohol per 210 liters of breath
or per 100 ml blood |
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2. |
DUI 1st
or subsequent refusing a chemical test |
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3. |
DUI 2nd
or subsequent offense |
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4. |
Driving
under restraint 2nd or subsequent DUR - suspension,
revocation or denial |
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5. |
Driving
after revocation prohibited - DARP |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR CREDIT CARDS
ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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Potential Expenses |
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Price |
Background Search
- cost per person searched - client and alleged victim |
| 10.00 |
Accident
Report |
| 20.00 |
Offense
Report |
| 10.00 |
DA
Office
discovery packet -
estimate (actual may be more or less) |
| 25.00 |
State
court jury deposit - C.R.Crim.P. 23, CRS
16-10-109 (non-refundable except by acquittal) |
| 10.00 |
Court records search
& copy costs (actual may be more or less) |
| 10.00 |
Copy expense at
courthouse for prior offense files (estimate - may vary) |
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Varies |
Traffic Safety Class |
| 75.00 |
Public
Service supervision fee |
| 37.50 |
OJW fee to
court
(outstanding judgment warrant) -
anticipating Integral Recoveries collection agency costs |
| 95.00 |
DMV reinstatement fee |
| 4.40 |
DMV clearance letter - certified copy
of Colorado driving abstract |
| 500 -
1,500.00 |
Private Investigator
variable based upon number of witnesses to interview |
| 200.00 |
Law enforcement 911 /
dispatch records, tapes & transcript - widely variable |
| 200.00 |
Subpoena
process service
expense - depends on number of subpoenas issued |
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$3 per page |
Transcriptionist - law
enforcement 911 / dispatch audio files & investigator interview audio
recordings if relevant |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside El Paso County |
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if an accident was
involved, it may be prudent to retain an accident reconstruction expert |
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Alcohol or Substance Testing & Testimony
if Relevant |
| $165.00 |
Toxicology - BAC Ethanol
(alcohol) only - relevant only if alcohol or drug involved |
| 215.00 |
Toxicology
- BAC Ethanol
(alcohol) + NaFl (preservative) |
| 95.00 |
Toxicology
- UA
qualitative toxicology screen for marijuana |
consult counsel or
lab
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Toxicology - UA
qualitative or
quantitative toxicology screen for marijuana,
substance quantitative
toxicology screen for marijuana or
qualitative and quantitative drug screen |
3,000
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Laboratory
- Toxicologist testimony hourly fees and travel mileage - if
expert testimony relevant
misdemeanor hourly rate $350 - 5 hours
travel time + minimum 1.5 hours court time |
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Depending upon the facts of the case and allegations,
it would be prudent to place law enforcement 911 *
dispatch tapes and records, plus other
law enforcement
records under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records. |
CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
*
REVOCATION
*
DENIAL |
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Colorado Springs Attorney Robert D. Gustafson
common quote -
limited flat fee |
$750 |
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not applicable to
habitual traffic offender
license revocation
hearing
this shall neither constitute an offer, nor be
construed as a binding estimate
DMV limited flat fee would be dependent upon the
facts and circumstances of the case |
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A DMV limited flat fee would likely be
offered. Additional hours necessitated by
continuance requested by police or by subpoena procurement are billed at
hourly rates. A client may retain the attorney's services in a DUI or
traffic criminal case without asking for
assistance at
DMV
proceedings. Attorney does not undertake representation in
DMV
proceedings until the DMV limited flat fee has been paid, and full payment is required
at least *seven (7) days in advance of hearing. Fees beyond the DMV limited
flat fee would be
unusual. |
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Attorney will initially
make an option offer of 1.) billing to be upon hourly fees, or in the
alternative, 2.) quote of a hearing flat fee per above. Offered
fee options will be up to the client, however client's initial election will be
final. Hourly fee billings are based solely upon time, and may be more
or less than the offered flat fee. Hourly fees are not capped at
the limited flat fee. Attorney reserves the right to quote hourly fees only without a
flat fee offer. Attorney
reserves the right to decline any case. |
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Applicable case law, statutes, rules of civil
procedure, and Department of Revenue or Department of Health regulations
contain mandatory time constraints, are complex and are generally
unfavorable to the driver. The above
7 day hiring limitation is based solely upon client control over fees
paid at time attorney is retained in the criminal case and upon
avoidance & resolution of attorney calendar conflicts.
Prospective clients are notified 7 days is insufficient time to prepare
an adequate license hearing defense which involves DMV discovery or DOR
issuance of subpoena (compelling testimony) or subpoena duces tecum
(compelling testimony & production of documents or evidence).
Delay in retaining attorney may prejudice the defense. Whether the
underlying basis is alcohol related or not, time is critical in DOR hearings
regarding suspension, revocation or denial of Colorado driving
privileges. |
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DOR
hearing fee Estimate Caveats.
If
collateral attack is required, the
attorney would need to know more about the number and locations of
underlying court cases to be attacked before offering a DOR hearing
fee.
Legal research and research time
would increase the estimates. |
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Thank you for considering my services

ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY |
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GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state.
Easy communication access via
internet, email and toll free phone doesn't change
that fact. |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Surrounding Area
MUNICIPAL COURTS
CRIMINAL & TRAFFIC DEFENSE |
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TRAVEL TIME & MILEAGE
Billed Outside El Paso County |
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NOTICE: It is the policy of the presiding judge in
Palmer Lake Municipal Court
not to accept negotiated plea settlements. If your ticket in in this
court, counsel must prepare for trial;
trial fees and costs would be quoted. |
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Municipal courts do not have the
availability of e-Filing as do state district courts, however some of the local
area smaller municipal courts have now come into the 21st century by accepting
pleadings and filings via email and payment of fines and costs via bank on-line
bill pay regarding infractions and minor offenses. Depending upon court policy regarding entry of plea via email
and e-payment subsequent to negotiation without the necessity of physical
appearance,
travel time & mileage
may possibly be avoided. Not all courts permit this.
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thank you for visiting my
webpage
your interest in my services is appreciated |
Adobe Acrobat Reader version 5 or later is required
to view .pdf files
Free Download |
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| please feel free
to call or email if you are a client or are seeking representation |
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email counsel |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003 -
All Rights Reserved - Document Revised
January 30, 2012
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: January 18, 2004 - Republication Date:
May 24, 2006 |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919
80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902
80903 80904 |
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80905 80906 80907
80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934
80935 80936 |
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80937 80940 80941
80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977
80995 90997 |
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DUI, DWAI, DEAC, Drunk Driving, Driving Under the Influence of Alcohol, Driving
While Impaired by Alcohol, Driving with Excessive Alcohol Content, BAC, .08,
driving under restraint, DUR, driving under suspension, DUS, Driving Under
Revocation, Driving after Revocation Prohibited, DARP, hit & run, speeding
tickets, careless driving, careless driving resulting in injury, careless
driving resulting in death, reckless driving, compulsory insurance, habitual
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Municipal Court Sheridan Colorado, Municipal Court Thornton Colorado, Municipal
Court Wheat Ridge Colorado, Municipal Court WheatRidge Colorado |
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