Colorado Springs Traffic Ticket Defense

 

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Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL 
  ATTORNEY
  


Attorney Business Hours
Attorney Availability Status
FREE INITIAL CONSULTATION

 
Fax (719) 260-1003

TRAFFIC TICKET DEFENSE
COLORADO SPRINGS TRAFFIC DEFENSE
WELCOME
I appreciate your interest
perhaps I will become your attorney
COLORADO SPRINGS TRAFFIC TICKET DEFENSE
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
Colorado State Courts - Colorado Springs Municipal Court - Colorado DMV / DOR Hearings - Colorado Trial Practice 25+ Years
DEFINITIONS PREEMPTION
MUNICIPAL COURTS - SURROUNDING AREA
TRAFFIC ENGINEER SURVEY STATE MUNICIPAL
SPEEDING TICKETS STOP LIGHT ELUDING
HIT AND RUN VEHICLE FORFEITURE
CARELESS DRIVING RECKLESS DRIVING CARELESS DRIVING - INJURY OR DEATH
DUI - DWAI - DEAC
DRUNK DRIVING DEFENSE
DRIVING UNDER RESTRAINT
DRIVING AFTER REVOCATION PROHIBITED
DRAG RACING
Speed Contests & Exhibition of Speed
COMPULSORY INSURANCE TICKETS
ACCESS TO RECORDS - DISCOVERY JURISDICTIONAL ATTACK COLLATERAL ATTACK
DMV POINT SYSTEM POINTS - COMMON TICKETS FACTORS AFFECTING POINT ASSESSMENT
Early Payment, Non-Service, Automated Traffic Cams
COLORADO DOR-DMV ADDRESSES & LINKS DMV PROCEEDINGS & INFORMATION
VELOCITY AND SPEED VISUAL ESTIMATE ACCIDENT REPORTS OTHER DMV FORMS
MEASUREMENT OF SPEED - EVIDENCE SEARCH & SEIZURE RIGHT TO SILENCE
CONVERSION
SPEED TO VELOCITY VELOCITY TO SPEED
WARNING BAIL BOND SUSPECT DEMEANOR
REMEDIAL QUICK LINKS COMPLETION FORMS
DO I NEED AN ATTORNEY? SERVICE PROVIDERS

ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice to Clients - Not General Public
Pro Bono Assistance or Installment Payment
Representation Now - Another Attorney or Self
Post Sentencing - Revocation or Appeal
Cases Outside Colorado Springs - Travel

 

TRAFFIC DEFENSE

DUI - DWAI - DEAC  *  Driving Under Restraint  *  Hit & Run DMV DEFENSE DMV - DOR
Speeding  *  No Operator's License  *  Compulsory Insurance DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Weaving License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *  *  Red Light - Stop Sign Habitual Offender  *  Interstate Compact
Minor - Alcohol Traffic Definitions  Traffic Infraction vs. Crime  Traffic Cameras Insurance SR-22 Interlock  Driving Records
 

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
 

RIGHT TO REMAIN SILENT 
NO STATEMENTS 
LAW ENFORCEMENT * PROSECUTORS * THIRD PERSONS

        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.

RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS

        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.  Roadside sobriety testing is a search in the constitutional sense which can and should be refused whether intoxicated or stone cold sober.  Law enforcement officers have no obligation to advise you of your right to refuse, but it exists - exercise your rights and politely decline with a simple no.

        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.

CRIMINAL DEFENDANT DEMEANOR

        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, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.

BAIL BOND
refer to the above link for information

JURISDICTIONAL ATTACK
refer to above link primary website for more detailed information regarding jurisdictional attack

        We are all human - periodically the 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.

Officer Failure to Issue (Sign) Failure to Serve Summons
Identification Error Arrest or Obtain Promise to Appear
Failure to Timely File Statutory Citation Error
20 Days Notice - Alcohol Offenses 30 Days Notice - Infractions
Appearance Date When Court Not Open Appearance Date - Year Blank
Appearance Precedes Summons In Futuro - Offense Alleged Future Date
No Date of Offense Failure to Join in Single Prosecution
Statute of Limitations Alleged Offense within Venue
Statute of Limitations Alleged Offense within Venue
Other Jurisdictional Arguments Other Arguments

Robert D. Gustafson
Attorney At Law
Colorado Springs, Colorado

Surrounding Area
MUNICIPAL COURTS
CRIMINAL & TRAFFIC DEFENSE

Phone (719) 260-1002
Toll Free (800) 410-1002
Fax (719) 260-1003
Southern Colorado
Colorado Springs Municipal Court
Municipal Court - Colorado Springs Colorado
Calhan Municipal Court
Municipal Court - Calhan Colorado
Canon City Municipal Court
Municipal Court - Canon City Colorado
Castle Rock Municipal Court
Municipal Court - Castle Rock Colorado
Cripple Creek Municipal Court
Municipal Court - Cripple Creek Colorado
Florence Municipal Court
Municipal Court - Florence Colorado
Fountain Municipal Court
Municipal Court - Fountain Colorado
Manitou Springs Municipal Court
Municipal Court - Manitou Springs Colorado
Palmer Lake Municipal Court
Municipal Court - Palmer Lake Colorado
Pueblo Municipal Court
Municipal Court - Pueblo Colorado
Simla Municipal Court
Municipal Court - Simla Colorado
Woodland Park Municipal Court
Municipal Court - Woodland Park Colorado
Metro Denver Area
Denver City & County Traffic Court
Traffic Court - Denver Colorado
Denver City & County Criminal Court
Criminal Court - Denver Colorado
Aurora Municipal Court
Municipal Court - Aurora Colorado
Brighton Municipal Court
Municipal Court - Brighton Colorado
Broomfield Municipal Court
Municipal Court - Broomfield Colorado
Centennial Municipal Court
Municipal Court - Centennial Colorado
Englewood Municipal Court
Municipal Court - Englewood Colorado
Federal Heights Municipal Court
Municipal Court - Federal Heights Colorado
Golden Municipal Court
Municipal Court - Golden Colorado
Littleton Municipal Court
Municipal Court - Littleton Colorado
Sheridan Municipal Court
Municipal Court - Sheridan Colorado
Thornton Municipal Court
Municipal Court - Thornton Colorado
Wheat Ridge Municipal Court
Municipal Court - Wheat Ridge Colorado
Municipal Ordinances & Codes
Colorado Model Traffic Code
Denver Travel Time & Mileage
Colorado Springs Attorney

 

        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.

 

        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.
 

FAILURE TO STOP
RED LIGHT - STOP LIGHT - STOP SIGN
Stop Light - Stop Sign - Attorney's Fees and Costs
CIVIL TRAFFIC INFRACTION

 

COLORADO STATE COURTS

FAILURE TO STOP - RED LIGHT * STOP LIGHT * STOP SIGN
Colorado State Courts - El Paso County - County Court

CRS 42-4-604. Traffic control signal legend.   State Statutes - CRS
Refer to Links for Statutes

DEFINITIONS - COLORADO STATE COURTS

State Court Possible Penalties Adult Minor
Jail 0 - Civil Infraction 0 - Civil Infraction
Fine $15 - $100 $15 - $100
Points against Colorado Driving Privileges 4 Points 4 Points

Failure to stop is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
Failure to stop is not a DARP Aggravator criminal court sentencing

OTHER RELEVANT WEB PAGES
State Court Proceedings  *  Criminal & Traffic Sentencing  *  DMV License Suspension Action

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COLORADO SPRINGS MUNICIPAL COURT

FAILURE TO STOP * RED LIGHT * STOP LIGHT * STOP SIGN
CITY COURT    
Colorado Springs - Municipal Court

10.17.105: TRAFFIC-CONTROL SIGNAL LEGEND   Colorado Springs City Ordinances
Refer to Links for Ordinances

DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT

Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $100 min - $500 $100 min - $500
Points against Colorado Driving Privileges 4 Points 4 Points

FAILURE TO STOP
SCHOOL BUS
CIVIL TRAFFIC INFRACTION

 

COLORADO STATE COURTS

FAILURE TO STOP - SCHOOL BUS  - STATE COURT
       
Colorado State Courts - El Paso County - County Court

CRS 42-4-1903. School buses — stops — signs — passing.   State Statutes - CRS
Refer to Links for Statutes

DEFINITIONS - COLORADO STATE COURTS

State Court Possible Penalties Adult Minor
Jail 0 - Civil Infraction 0 - Civil Infraction
Fine $15 - $100 $15 - $100
Points against Colorado Driving Privileges 6 Points 6 Points

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COLORADO SPRINGS MUNICIPAL COURT

FAILURE TO STOP - SCHOOL BUS - CITY COURT. Colorado Springs - Municipal Court

10.4.107: STOP FOR SCHOOL BUSES   Colorado Springs City Ordinances
10.22.202: SCHOOL BUS LIGHTS AND MARKINGS
  Colorado Springs City Ordinances
Refer to Links for Ordinances

DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT

Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $100 min - $500 $100 min - $500
Points against Colorado Driving Privileges 6 Points 6 Points

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POTENTIAL DEFENSES
Refer to Links

SPEEDING TICKET DEFENSE
All You Never Wanted to Know About Speeding Ticket Infractions and Criminal Charges - Defense

        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 rear 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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SPEEDING
COLORADO STATE COURTS
Colorado State Courts - El Paso County - County Court

        The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.  

CRS 42-4-1101 Speeding - State Law. Refer to the link for information pertaining to state law.

State Court Possible Penalties Presumptive Jail Presumptive Fines Points ***
Adult and Juvenile Minimum   Maximum Minimum   Maximum Scheduled Points
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
19 - 24 mph over the limit * None None $15 $100 $100 + $15 6
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
Failure to Reduce Speed
Special Hazard *
None None $15 $100 $35 + $5 3

Refer to early payment point reduction

* Traffic Infraction - Information & State Court Procedures
** Traffic Offense - Information & State Court Procedures
*** Points - not applicable to bicycle or motorized bicycle
**** court appearance required
refer to link for additional information

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SPEEDING
COLORADO SPRINGS MUNICIPAL COURT
Colorado Springs - Municipal Court

10.5.101 - 10.5-110   Colorado Springs Municipal Ordinances.  Refer to the link for information.

        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.

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 1- 12 Points 1 - 12 Points

Municipal Court Proceedings - Offenses
refer to link for additional information regarding traffic offense proceedings.

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

Maximum Lawful Speed Limit
Colorado State Law - Preemption
Reasonable and Prudent Speed
may not be so reasonable or prudent

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MEASUREMENT OF SPEED

        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.
VELOCITY AND SPEED CONVERSION - SPEED TO VELOCITY
CONVERSION - VELOCITY TO SPEED VISUAL ESTIMATE
RADAR VASCAR PACE CLOCK LASER

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OTHER RELEVANT SPEEDING INFORMATION
SPEED - EVIDENCE REQUIRED

SPEEDING - STATE LAW COLORADO SPRINGS MUNICIPAL ORDINANCES
TRAFFIC ENGINEER'S SURVEY SIGNAGE - SIZE AND PLACEMENT

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POTENTIAL DEFENSES
SPEEDING TICKETS

        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