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GUSTAFSON LAW OFFICE
COLORADO DMV INSURANCE LICENSE SUSPENSION OR REVOCATION

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

perhaps I will become your attorney
Address  *  Maps  *  Directions
 

Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 
PRIVATE ATTORNEY
NOT
THE DMV

I welcome representation inquiries
but please do not call thinking this office is the Colorado DMV

COLORADO INSURANCE LICENSE SUSPENSION
DOR - DMV INSURANCE LICENSE REVOCATION
COLORADO DRIVER LICENSE DEFENSE
Trial practice 25+ years Colorado state courts, Colorado Springs Municipal Court & Colorado DMV license hearings
UNINSURED MOTORIST SUSPENSION
 
*        *        *        * 
SUSPENSION HEARING PROCEDURES
Uninsured Motorist - CRS 42-2-127.7
DMV Notice
UNINSURED MOTORIST SUSPENSION
Compulsory Insurance Charge - Court Conviction
 
*        *        *        * 
SEIZURE OF VEHICLE LICENSE PLATES
Compulsory Insurance  CRS 42-7-605
FRA SUSPENSION
Financial Responsibility Act
CRS 42-7 §§ 101, 202, 301, 303
POTENTIAL DEFENSES 
SR-22 INSURANCE
Proof of Financial Responsibility
SR-22 INSURANCE AFFIDAVIT - OUT OF STATE
SR-22 Avoidance by Out of State Driver
COMPULSORY INSURANCE
TRAFFIC - CRIMINAL OFFENSE CHARGES
Colorado Accident Report Form
obsolete 8/4/04
CSPD Accident Cold Report
On-Line
Colorado DMV Accident Report
DO I NEED AN ATTORNEY?
ATTORNEY'S FEES AND COSTS
LEGAL RESEARCH ACCOUNTING POLICIES
ATTY - CLIENT DOCS ALTERNATIVES FIND A LAWYER
NOTICE & DISCLAIMER ADVICE BY LAYMEN

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, & attorney is not the phone company 411 center for phone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline such requests.

DMV hearing license defense occurs across Colorado - please refer to travel. Travel Policies & Trade Area *  Itemized Travel Expenses *  Colorado Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

TRAFFIC DEFENSE

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

 

Colorado DMV insurance license suspension or revocation defense. Uninsured motorist, failure to maintain compulsory insurance or court conviction. SR-22 insurance, FRA, financial responsibility act - published by Colorado Springs traffic law attorney

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

        When stopped by a law enforcement officer, if the driver fails to produce evidence of compulsory insurance:

        The officer may simply issue a DMV compulsory insurance suspension notice (acting as a DMV agent) and not issue a summons and complaint (court ticket) for Compulsory Insurance   

        In reality, usually the law enforcement officer issues a summons and complaint (court ticket) and fails to issue a DMV a DMV compulsory insurance suspension notice.  See below section.

        Frankly, I don't think most law enforcement officers realize the DMV compulsory insurance suspension notice procedure is available.

        You may have received or receive notice from the Colorado Dept. of Revenue, Division of Motor Vehicles for suspension of your driving privileges under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7.  Such notices are frequently served by the law enforcement officer at the time of the stop, however can be sent direct from the Colorado Dept. of Revenue, Division of Motor Vehicles in Denver.

FAILURE TO TIMELY REQUEST SUSPENSION HEARING
        If you receive a notice from the Colorado Dept. of Revenue, Division of Motor Vehicles for suspension of your driving privileges under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7, you must request a hearing within seven (7) days.  If you fail to timely request a hearing, you will default on a statute of limitations and your right to a hearing will be waived. Failure to timely request a hearing is only subject to attack if you were incarcerated or in the hospital. Your driving privileges in Colorado would therefore be suspended indefinitely until you provide to the Colorado DMV SR-22 Proof of Insurance and the $60 reinstatement fee. SR-22 Proof of Insurance must be carried for 3 years. You should immediately reinstate.

UNINSURED MOTORIST SUSPENSION - NOTICE RECEIVED
        TIMELY HEARING REQUEST
        If you receive a notice from the Colorado Dept. of Revenue, Division of Motor Vehicles for suspension of your driving privileges under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7 and timely request a hearing within seven (7) days, suspension will be delayed until hearing date.  Your license will be suspended at hearing unless you can provide:
            1. Evidence of Insurance at the time of the stop (an insurance card) or 
            2. at the time of request you provide:
                    a. evidence of current insurance and 
                    b.  compliance with CRS 42-7-302 (release from liability from the alleged victim), 

        A driver may immediately reinstate at the time of the hearing by providing SR-22 Proof of Insurance and paying the $60 reinstatement fee.

UNINSURED MOTORIST SUSPENSION

  1.         If you have not yet received a notice from the Colorado Depart. of Revenue, Division of Motor Vehicles, that doesn't mean you will not.  It may come later - there is no statute of limitations on when the DMV must initiate the suspension proceedings.  If you receive the notice, request a hearing as indicated below.

  2.         If you received a notice from the Colorado Depart. of Revenue, Division of Motor Vehicles under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7 and the 7 day statute of limitations has not yet expired, you must request a hearing within 7 days from the date of receipt or 10 days from the date of mailing, whichever is sooner. Request for license suspension hearings may be made at any DMV office where licenses are renewed or granted; a list of local agencies is provided below. When you request a hearing you must surrender your license, however you will be given a temporary permit to drive until the hearing.  When you request hearing, ask the DMV to order the presence of the law enforcement officer(s) at the hearing.

  3.         If you had motor vehicle insurance at the time of the stop, CRS 42-2-127.7(4)(d) provides the DMV must rescind the suspension (it never happened) and must re-issue you a license for the cost of $5.00. Take evidence from your insurance company reflecting coverage as of the date of the stop. This can be a binder, your insurance card or a letter from your insurance agent on company letterhead.

  4.         If you did not have motor vehicle insurance at the time of the stop, CRS 42-2-127.7(4)(c) provides the notice shall also state that the person may avoid suspension by filing with the department proof of financial responsibility for the future (3 year requirement) - SR-22 Proof of Insurance, or by compliance with CRS 42-7-302 (release from liability from the alleged victim). You may find Dept. of Revenue forms at link DMV Forms Related to Driving

  5.         DMV will likely deny your argument, however you would have a justiciable issue for appeal. An appeal would probably be economically justified to avoid expense of the SR-22 Proof of Insurance requirement . Check with insurance agents to determine SR-22 Proof of Insurance costs over a 3 year period.

        When a driver requests a hearing on suspension of driving privileges, the driver later receives a notice of hearing date from the Colorado Department of Revenue, Division of Motor Vehicles.  If you are a client, please provide a copy to me regardless of whether or not you retain my services for the DMV hearing.  A request for continuance of the hearing will result in denial of driving privileges during the extension.  If you fail to appear for such a hearing, the license will be suspended or driving privileges denied if you are a driver licensed out of state.  If you appear and lose the hearing, the DMV will suspend or deny the license but may not put you in jail.  You have the license to gain and nothing to lose by appearing for a DMV hearing - attend.

        DMV notices are sometimes sent certified mail, usually not.  Go to your Post Office immediately if you receive a slip advising you the carrier attempted to deliver certified mail.  If you have not given the DMV your current address, do so immediately.  The DMV is only required to provide notices to the last address in their records (which would include the address on a summons and complaint (ticket).  You may accomplish suspension hearing request or address changes at any DMV office.  Refer to: Colorado Spring Regional Service Center and DMV area satellite offices.

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SUMMARY - . Uninsured Motorist - Compulsory Insurance DMV Notice - Driver's License Suspension
        1. Period of driving privilege loss: indefinite until driver files
SR-22 Proof of Insurance and pays reinstatement fee.
        2. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no
        3. Interlock license available in the discretion of the DMV if you meet criteria: yes
        4.
SR-22 Proof of Insurance
required for reinstatement: yes
CRS 42-7-127.7

        When stopped by a law enforcement officer, if the driver fails to produce evidence of Compulsory Insurance:

        The officer may simply issue a DMV compulsory insurance suspension notice (acting as a DMV agent) and not issue a summons and complaint (court ticket) for Compulsory Insurance   See above section.

        In reality, usually the law enforcement officer issues a summons and complaint (court ticket) and fails to issue a DMV a DMV compulsory insurance suspension notice.  

        Frankly, I don't think most law enforcement officers realize the DMV compulsory insurance suspension notice procedure is available.

        When a summons and complaint (court ticket) for Compulsory Insurance is issued, the court will dismiss the charge upon receipt of evidence that the vehicle was insured on the date of the summons and the driver was insured to drive the vehicle.  Compulsory Insurance - refer to the link for information regarding the traffic court charges.

        If Compulsory Insurance CRS 42-4-1409 court conviction enters, the below DMV sanctions will be imposed.

  1. Operator and / or OWNER of the vehicle   CRS 42-4-1409(1)
            a.  Upon receipt of a Compulsory Insurance  - Operator and / or OWNER of the vehicle - court conviction certified record, DMV sends written notice to the driver that he / she has 20 days to provide SR-22 Proof of Insurance for the following 3 years.  If the driver fails to provide such proof or fails to maintain such SR-22 Proof of Insurance, the DMV then suspends the driver's license without hearing or further notice and by law can not reinstate the license until SR-22 Proof of Insurance is provided by driver.  CRS 42-4-1410(2)
            b. Period of driving privilege loss: indefinite until you provide SR-22 Proof of Insurance and comply with reinstatement restitution provisions regarding damage to a third person.
            c. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no
            d. Interlock license available in the discretion of the DMV if you meet criteria: no
            e. SR-22 Proof of Insurance required for reinstatement: yes  CRS 42-4-1410(1)
                    SR-22 Proof of Insurance may cost between $1,200 - $3,600 per year, but if you fail to obtain or maintain the high risk insurance, your license will be suspended without hearing.

  2. Operator but NOT THE OWNER of the vehicle   CRS 42-4-1409(2)
            DMV insurance suspension proceedings under CRS 42-7-1410 are not triggered
            SR-22 Proof of Insurance requirements are not triggered.

        If a person's driver's license is suspended under Compulsory Insurance law and SR-22 Proof of Insurance requirements, and the person thereafter drives before becoming reinstated, the driver would be subject to criminal charges.  See Driving Under Restraint page - includes driving after revocation prohibited

 

        1.  Every driver involved in an accident is required to file an accident report with the State of Colorado.  On the accident report, the driver must provide information regarding motor vehicle insurance in effect at the time of the accident.
        2.  If multiple vehicles are involved, each report is cross-checked against other drivers.
        3.  Police who respond to an accident file an accident report with the Colorado DMV.  
        4.  Auto body repair shops are also required to file reports when repairing accident damage.
        5.  Chances are pretty good the DMV FRA Section will receive notice of an accident.
        6.  The DMV FRA Section verifies coverage or lack thereof with each driver's insurance company.

 

        If DMV FRA Section can not verify a complying policy of motor vehicle insurance in effect at the time of the accident (insurance company and policy number is not noted on the police accident report or insurance company states policy lapsed):

        1.  DMV sends driver a written notice to the driver that he / she has 20 days to provide evidence of insurance, or an FRA suspension will be imposed against the license or driving privileges.  CRS 42-7-202, CRS 42-7-301(3)(a)

        2.  If during that 20 days driving makes a written request for hearing, hearing will be held.  CRS 42-7-201(2)(a)&(b)  Driver is also entitled to judicial review of DOR determination.  CRS 42-7-301(3)(c), 42-7-201(2)(e)

        3.  If evidence of insurance is provided within that 20 days, no action is taken.  If not insured, the driver has problems.  CRS 42-7-202.

        4.  If the driver fails to provide such evidence of insurance within 20 days, the DMV then enters an FRA suspension against the driver's license without hearing or further notice under the FRA.  CRS 42-7-202, CRS 42-7-301(4),

            a.  Period of driving privilege loss: indefinite until the driver provides SR-22 Proof of Insurance and comply with reinstatement restitution provisions regarding damage to a third person - see DMV Forms below.  By law the DMV can not reinstate the license until SR-22 Proof of Insurance is provided by driver.  CRS 42-7-303

            b.  Period of mandatory SR-22 Proof of Insurance3 years.  

            c.  What happens if the driver lets the SR-22 Proof of Insurance lapse
                    If the driver fails to provide such proof or fails to maintain such SR-22 Proof of Insurance, the DMV then enters an insurance term revocation without hearing or further notice and by law can not reinstate the license until SR-22 Proof of Insurance is again provided by driver.  CRS 42-7-301(7)(b)

            d. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no
            e. Interlock license available in the discretion of the DMV if you meet criteria: no

            f. SR-22 Proof of Insurance required for reinstatement: yes  
                   SR-22 Proof of Insurance may cost between $1,200 - $3,600 per year, but if you fail to obtain or maintain the high risk insurance, your license will be suspended without hearing.

        If a person's driver's license is suspended FRA law and SR-22 Proof of Insurance requirements, and the person thereafter drives before becoming reinstated, the driver would be subject to criminal charges.  See Driving Under Restraint page - includes driving after revocation prohibited

 

FRA SUMMARY - Financial Responsibility Act - Compulsory Insurance

        1.  Accident report is submitted to DMV by you or other driver pursuant to CRS 42-7-202(1)(a)

        2.  Accident report is required within 10 days of accident.  CRS 42-7-202(1)(a)

        3.  DMV will send notice to your last known address demanding that within 20 days you provide Evidence of Insurance coverage on the date of accident. CRS 42-7-301(3)(a)

        4.  Period of driving privilege loss: indefinite until you provide SR-22 Proof of Insurance and comply with reinstatement restitution provisions regarding damage to a third person. CRS 42-7-303

        5.  Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no

        6.  Interlock license available in the discretion of the DMV if you meet criteria: no

        7.  SR-22 Proof of Insurance required for reinstatement: yes

CRS 42-7-101, CRS 42-7-202, CRS 42-7-301, CRS 42-7-303

ACCIDENT REPORTS & OTHER DMV FORMS
State of Colorado accident report obsolete 8/4/04 * police now verify insurance at the accident scene
refer to above link for information, forms, state on-line accident report and CSPD Cold Report

        Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a State of Colorado Accident Report must be submitted to the DMV within 10 days of an accident. CRS 42-4-1609 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.  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.- refer to link for information.  If any of the below 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.

Hit and Run

DUI, DEAC or DWAI

DUR or DARP

        Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download
        DMV - State of Colorado Accident Report
        DMV - Evidence of Insurance
        DMV - Affidavit of Financial Responsibility
        DMV - FRA - Release from Liability
        DMV - FRA - Waiver of Security - Financial Responsibility
        DMV - Promissory Note Contract
        DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance
        Other DMV forms

        CSPD Accident Cold Report    due within 72 hours of accident  (large file - please be patient)
                Any person may obtain a hardcopy cold report from the CSPD Police Operations Center

SEIZURE OF VEHICLE LICENSE PLATES
COMPULSORY INSURANCE

        Colorado law requires insurance companies to report all vehicle policies. When a vehicle becomes uninsured, the owner should receive a notice and must provide Evidence of Insurance to the DMV with 45 days or the vehicle license plates will be seized. CRS 42-7-605  If it has not previously occurred, report of this conviction may trigger the notice and license plate seizure order.

        The most likely time to have the plates physically seized would be during a traffic stop for some minor infraction. Seizure would likely result in the vehicle being impounded as it can not be driven on public roadways without a valid license plate.

        Make certain the vehicle is insured as quickly as possible if you have not already done so.

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SUMMARY - Motor Vehicle License Tag Seizure - Lack of Financial Responsibility

  1. Insurance companies are required to report coverage to the DMV.

  2. DMV computer records comparison reveals lack of insurance on vehicle for 45 days

  3. DMV sends notice to owner that owner has 45 days to provide insurance evidence

  4. If owner fails to provide DMV with insurance evidence, vehicle license plates are subject to immediate seizure. Any officer who stops the vehicle should have a screw driver in the trunk to seize the vehicle license tags.

  5. Absent tags, vehicle is not "street legal" and will likely be towed to impound.

CRS 42-7-605

POTENTIAL DEFENSES

        In a license suspension hearing for compulsory insurance commenced upon DMV notice issued by a law enforcement officer pursuant to CRS 42-2-127.7, a driver may argue reasonable suspicion for the stop.  Otherwise, a complying policy of insurance as indicated in the above sections is the only defense.  Time to get reinstated and properly insured.

 
 
DMV PROCEEDINGS & DRIVER LICENSE MATTERS 
Selected Traffic & DMV Statutes & Regulations
 
 
LOSS OF COLORADO DRIVING PRIVILEGES
DMV Hearing
Defense
DMV Appeal
statute of limitations

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 final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for additional information.

DRIVER LICENSE DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably not.

Compulsory Insurance suspensions can be cured by providing Evidence of Insurance or SR-22 Proof of Insurance to the DMV.  It is worthwhile to become reinstated, validly licensed and carry future insurance as may be required by law.  If you plan to continue driving after being suspended, take a peek-see at the Driving Under Restraint page which includes driving after revocation prohibited.  Also review the Compulsory Insurance page for second offender penalties.  Not a plan.

 

 
 
 

ATTORNEY'S FEES AND COSTS
INSURANCE SUSPENSION * REVOCATION * DENIAL
DRIVER LICENSE SUSPENSION * REVOCATION * DENIAL ACTIONS
COLORADO DMV * DOR * DRIVER LICENSE DEFENSE

 
 
 
 

        At the time of the first visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.  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.
 
        In most circumstances, attorney initially makes an option offer of
1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a hearing limited flat fee.  ELECTION. Offered fee options will be up to the client, however client's initial election will be final.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free
first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE
INSURANCE ACTIONS - DRIVER LICENSE SUSPENSION

COLORADO DMV * DOR * DRIVER LICENSE DEFENSE

I offer hourly fees or a hearing limited flat fee.  The hearing limited flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote for alcohol adverse action or non-alcohol adverse action or insurance related adverse action DMV hearings.  This shall neither constitute an offer, nor be construed as a binding estimate.

If collateral attack is required on an underlying Compulsory Insurance court conviction, the attorney would need to know more about the number and locations of underlying court cases to be attacked before offering a hearing limited flat fee quote.  Caveat:  The hearing limited fee would not be offered in the event of collateral attack upon prior "convictions."

 

PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$     650  
$       50  
 
DMV hearing common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

$700*

insurance - driver license defense
* this shall not constitute an offer, nor be construed as a binding estimate

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.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
appellate e-Filing District Court mandatory requirements
eService personal service of process
litigation costs fluctuate - not within attorney control
note: costs change & below cost information may be obsolete
 
link to Colorado Judicial Branch website
current costs information published by state
COLORADO STATE
COURT COSTS & FILING FEES
DMV Transcriptionists
generic costs litigation generic costs criminal
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report
20.00   Offense Report
10.00   DA Office discovery packet - estimate (actual may be more or less)
10.00   Local court archive records search fee (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral costs
60.00   DMV reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
500.00   Private Investigator initial retainer - if relevant
     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
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside Colorado Springs

If a collateral attack transcript of court proceedings is required, a common initial request for costs is $250 per uncontested case attacked.  If no transcript a common initial request for costs is $100 per case attacked.  If subpoena or subpoena duces tecum is required, anticipate $50 - 60 per witness for process service and payment of mileage and witness fees.  This shall not constitute an offer.  Absent collateral attack or subpoena or subpoena duces tecum, I generally do not request a trust deposit for costs in DMV cases.

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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FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION CONTESTED PHASE TRIAL FLAT FEE
FLAT FEES - PHASES EARNED CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
SECURITY FOR FEES & COSTS TRUST ACCOUNT WITHDRAWAL OR TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION OR NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

Thank you for considering my services; I appreciate your inquiry.

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

 

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Driver's Attempt to Prepare Own Defense at License Hearing

1.  Adequate Time.  If sufficient time exists to adequately prepare your driver's license defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept license defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare defense before a DOR license suspension or revocation hearing, please do not call.  I decline.

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own license hearing.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  DOR hearings are set quickly - continuance requests on the basis of driver delay in retaining counsel are routinely denied.  Please be aware that after other counsel's withdrawal it may be difficult for a new attorney to prepare your defense in time for hearing.  Please also be aware fees and costs will be associated with procuring DMV files or court files and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your license defense, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your defense before a driver's license hearing, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current driver's license adverse action proceedings.  I decline.

 
 
DMV APPEAL TO DISTRICT COURT OR COLORADO COURT OF APPEALS

Appeal.  Attorney welcomes DOR license suspension or revocation appeals to the District Court or to the Colorado Court of Appeals From the DMV Appeal Webpage Index, site visitors may find information regarding procedures anticipated in a DMV appeal.  If the attorney provided representation at the DOR hearing, he is familiar with the facts, testimony and exhibits received into evidence at hearing and meritorious issues for appeal.  Retaining counsel who did not provide DOR hearing representation requires a bit more familiarization by counsel.  Please refer to:

FIRST CONSULTATION AND DMV APPELLATE CASE PRELIMINARY REVIEW
 
 

ATTORNEY TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS

Colorado is a big state.

Ease of internet access, email and toll free phone doesn't change that fact. Due to the limited nature of DMV hearing defense, it is not economically justifiable for a client to pay DMV hearing travel time or expenses outside El Paso County.

DMV hearing defense - limited trade area

 

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 out of state or 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.

Colorado MAP

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.

DMV APPEALS
Southern Colorado Area

Attorney welcomes new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.

COUNTIES -  DISTRICT COURT CITIES / TOWNS

DMV APPEALS
Metro Denver Area

El Paso County Colorado Springs / Manitou Springs / Fountain
Chaffee County Salida

COLORADO COURT OF APPEALS

Crowley County Ordway COUNTIES - DISTRICT COURT CITIES / TOWNS
Custer County Westcliffe City and County of Denver Denver
Douglas County Castle Rock Adams County Brighton / Thornton / Federal Heights
Elbert County Kiowa / Simla Arapahoe  County Court   District Court Littleton / Centennial / Englewood
Fremont County Canon City / Florence / Penrose Arapahoe County - East Aurora
Huerfano County Walsenburg Broomfield County Broomfield
Las Animas County Trinidad Gilpin County Blackhawk / Central City
Lincoln County Hugo (county seat) / Limon Jefferson County Golden / Wheat Ridge
Otero County La Junta
Park County Fairplay
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

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email, and cordless, wireless or cell phones

please feel free to call or email if you are a client or are seeking representation

FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve the right to decline any legal matter

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Serving Colorado Springs Area Zip Codes

80918 80920 80919 80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 80905 80906 80907 80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 80937 80940 80941 80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977 80995 90997

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