GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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COLORADO DMV INSURANCE LICENSE SUSPENSION |
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ATTORNEY TELEPHONE -
NOT DMV
(719) 260-1002
Attorney
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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| 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
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published by Colorado Springs traffic law attorney |
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Related DMV Information * Legal Representation * Traffic Defense *
Gustafson Law Office |
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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
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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.
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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.
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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.
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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
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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
COLORADO DRIVER LICENSE DEFENSE
INSURANCE ACTIONS |
UNINSURED MOTORIST
COMPULSORY INSURANCE
CRIMINAL TRAFFIC CHARGE - COURT CONVICTION
DRIVER'S LICENSE SUSPENSION
CRS 42-4-1410 |
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TRAFFIC OFFENSE 4
Points |
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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.
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.
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
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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. |
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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):
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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) |
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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) |
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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. |
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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), |
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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 |
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b. Period of mandatory
SR-22 Proof of Insurance:
3 years. |
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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) |
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to drive back and forth to work or on the job) available in the discretion
of the DMV if you meet criteria: no |
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the discretion of the DMV if you meet criteria: no |
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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. |
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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
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FRA SUMMARY
- Financial
Responsibility Act -
Compulsory
Insurance
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1.
Accident report
is submitted to
DMV by you or other driver pursuant to CRS 42-7-202(1)(a) |
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2.
Accident report is required within 10
days of accident. CRS 42-7-202(1)(a) |
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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) |
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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 |
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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 |
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6. Interlock license available in
the discretion of the DMV if you meet criteria: no |
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7.
SR-22
Proof of Insurance required for
reinstatement: yes |
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CRS
42-7-101, CRS
42-7-202, CRS
42-7-301, CRS
42-7-303 |
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SEIZURE OF
VEHICLE LICENSE PLATES
COMPULSORY INSURANCE |
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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
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Insurance companies are required
to report coverage to the DMV.
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DMV computer records comparison
reveals lack of insurance on vehicle for 45 days
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DMV sends notice to owner that
owner has 45 days to provide insurance evidence
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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.
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Absent tags, vehicle is not
"street legal" and will likely be towed to impound.
CRS
42-7-605
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.
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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 final order in the
District Court, either party make take the case on appeal to the
Colorado Court of Appeals. Refer to links for
information. |
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DMV
Addresses and Links |
Driving Abstracts and Records |
DMV Point Structure |
On-Line Colorado Driving
Records |
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Driver License & Hearing Defense |
DMV Appeal |
Legal
Research |
Selected Statutes & Regs |
"Red"
License & Interlock Devices |
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Insurance Actions |
SR-22 Insurance |
Habitual Traffic Offender |
Interstate Compact |
Accident Reports & DMV Forms |
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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 |
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Under Colorado
law, if the insurance information of a driver was not included in a law
enforcement traffic accident report, a
Colorado State 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. |
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Adobe Acrobat Reader
version 5 or later is required to view Colorado DMV forms & CSPD cold report .pdf files 
Free Download |
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Colorado State Accident Report
on-line |
Colorado State Accident Report
hardcopy |
Evidence of Insurance |
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FRA - Waiver of Security - Financial Responsibility |
FRA - Release from Liability |
Affidavit of Financial Responsibility |
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Affidavit - Out of State Residency - FRA SR-22 Avoidance |
Promissory Note Contract |
Other
DMV forms |
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INDEPENDENT SERVICE PROVIDERS
private investigators * process service
* laboratories * transcription
refer to attorney-client privilege and attorney work product doctrine |
ADVICE
BY LAYMEN
forewarned is forearmed
advice by unsupervised paralegals
& street corner lawyers |
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DO I NEED AN ATTORNEY?
DRIVER LICENSE DEFENSE |
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Do I need an attorney?
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Probably not.
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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.
Driving in Colorado without a valid license and valid insurance is not a
well conceived plan.
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ATTORNEY'S
FEES AND COSTS
INSURANCE
SUSPENSION * REVOCATION * DENIAL
DRIVER LICENSE SUSPENSION
*
REVOCATION
*
DENIAL ACTIONS
COLORADO DMV *
DOR *
DRIVER LICENSE DEFENSE |
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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.
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POTENTIAL
FEE QUOTE
INSURANCE ACTIONS
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DRIVER LICENSE SUSPENSION
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COLORADO DMV
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DOR *
DRIVER LICENSE DEFENSE |
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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.
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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." |
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PAYMENT |
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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.
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insurance
- driver
license defense
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this shall not constitute an offer, nor be construed as a binding
estimate |
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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
if
fees and costs are not paid as agreed, representation is
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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litigation costs
fluctuate - not within attorney control
note:
costs change & below cost information may be obsolete
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link to Colorado
Judicial Branch website
current costs
information published by state |
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DMV Transcriptionists |
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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 - $75 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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Thank you for considering my services; I appreciate your
inquiry.
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feel free to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
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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MAJOR SEARCH
ENGINES
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Serving Colorado Springs Area Zip
Codes |
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DOR, Colorado MVD, Colorado, driver license,
driver license defense, Colorado driver license, Colorado driver's
license, driver's license, suspended, revoked, denied, denial, lawyer, attorney,
Colorado Springs, El Paso County |
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Website Copyright © 2003 -
All Rights Reserved - Document Revised
August 04, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
January 29, 2010 |
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