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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado
 
COLORADO DMV TRAFFIC INTERSTATE COMPACT

 

   
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Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs

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

 
 

COLORADO TRAFFIC INTERSTATE COMPACT
COLORADO DRIVER LICENSE DEFENSE

ATTORNEY HOMEPAGE

Colorado Division of Motor Vehicles, Colorado DMV, Colorado MVD
Colorado DMV / DOR - Colorado interstate traffic compact - Colorado interstate compact & clearance letter
effect of out of state tickets on home state driving privileges - suspension, revocation or denial & reinstatement
Attorney Trial Practice 29+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

PRIMARY SUBSECTION
DRIVER LICENSED IN COLORADO
OUT OF STATE TICKET

 
Major Offenses
Alcohol Related Offense or Revocation
Traffic Infractions & Offenses Not Major Offenses
 
Points or Other Adverse Action
 
Colorado Points
point system and points assessed for common tickets
 
Effect of Out of State Suspension, Revocation or Denial and Clearance Letter
 
Failure to Pay or Otherwise Resolve Out of State Traffic Infractions or Offenses
 
Clearance Letter
Warning re Failure to Procure Clearance Letter
 
Continuing License Loss Until Reinstatement
NATIONAL DRIVER REGISTER   APPLICATION FOR COLORADO LICENSE
Out of State Resident
Colorado Resident - Valid Out of State Driver License
Colorado Resident - Out of State Restraint Can Be Cured
Colorado Resident - Out of State Restraint Can Not be Cured
Regulations & Statutes
 
GENERAL INFORMATION
DO I NEED AN ATTORNEY?
ATTORNEY'S FEES AND COSTS
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
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Post Hearing - Appeal to District Court or Court of Appeals

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
OUT OF STATE RESTRAINED DRIVERS
HOPING TO PROCURE A COLORADO LICENSE
DMV REGULATION INFORMATION
please do not call the attorney
regarding probationary license eligibility
if you are not a Colorado legal resident

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

 

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        Colorado has adopted and is a member of the interstate compact.  CRS 24-60-1101 Interstate Driver's License Compact Article I and CRS 24-60-2101 - Interstate Non-Resident Violator Compact  If an out of state driver receives a traffic ticket in Colorado, it may be reported to the driver's home state.  The same is true in reverse.  If you hold a Colorado driver's license and receive a ticket out of state, if reported Colorado may take adverse action as though the ticket occurred here.

 

IMPORTANT

If Colorado license or driving privileges are suspended, revoked or denied, refer to Continuing License Loss Until Reinstatement.

NATIONAL RECORDS AND FALSE INFORMATION

        To this attorney's knowledge, other than the FBI NCIC - National Criminal Justice Information Center, no database is available wherein driving records from all states are available in one location.  That will probably come in time with technological advancements.

        Colorado DMV Driver Control and other state agencies have access to the National Driver Register - a separate database which identifies drivers under adverse action in any state nationwide.  An individual may request his or her own records to determine whether he or she is identified therein - refer to link.

  1. Colorado DMV checks driver's license applications against the nationwide hold database.  CRS 24-60-1101 Interstate Compact Article V  The compact requires all member states to conduct similar checks in the National Driver Register.

  2. If you are or attempt to become a Colorado licensed driver and give false information to the Colorado DMV when applying for a license, you will be charged with making a false application.  CRS 42-2-132(3)  
            Class 2 misdemeanor traffic offense punishable 
                    Maximum $500 fine
                    Maximum 6 months jail
            Automatic one year revocation of Colorado driving privileges  CRS 42-2-125(11)(e)
            This offense is identified as a major traffic offense for purposes of the habitual traffic offender statute - 5 year loss of driving privileges.  For more information, please refer to the Habitual Offender page.

  3. If you are or attempt to become a driver licensed in another state and give false information to the foreign state DMV when applying for a license, if the foreign state has similar practices and statutes you may have similar consequences.  Check with legal counsel in your home state

TRAFFIC INTERSTATE COMPACT
 
DRIVER LICENSED OUT OF STATE
TICKET IN COLORADO
CONVICTION REPORTING TO THE DRIVER'S HOME STATE
BY COLORADO AS THE FOREIGN JURISDICTION
simply put - you are licensed in another state and got a ticket in Colorado
COLORADO STATE COURTS
Colorado Courts - El Paso County Court

Major Offense Definitions
CRS 42-2-202

DMV Statutes & Regulations

Colorado Revised Statutes Court Traffic Ticket Defense Self Help Legal Research

MAJOR OFFENSES

        The following offenses are reported from Colorado to the home state.

  1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

  2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

  3. Any felony in the commission of which a motor vehicle is used;

  4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

  5. CRS 24-60-1101 Interstate Driver's License Compact Article IV

  6. CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

ALCOHOL RELATED TRAFFIC OFFENSE OR REVOCATION

        Many states have intoxication offenses (DUI or DEAC equivalent), but no equivalent lesser included impairment (DWAI) offenses. Your home state may not be able to give any effect to a Colorado DWAI conviction. Similarly, to give effect to a Colorado revocation for excessive alcohol content or refusing a chemical test, your home state must have a similar statute.

  1. If a an out of state driver's license was physically seized in Colorado, the driver may be able to legally obtain a duplicate license from his / her home state.  The driver should check with his / her home state of issuance, advise them of the revocation or denial, and ask if they will issue a duplicate license with knowledge of the Colorado denial. 

  2. If the conviction, revocation or denial were reported by Colorado under the interstate compact and the home state takes adverse action, no duplicate will be available.

  3. This attorney can find no statutory authority for reporting DMV administrative revocation based upon excessive alcohol content.  

  4. If a duplicate were issued by the home state, the duplicate out of state license may be valid to drive in the home state and any other state, but would not be valid in Colorado until you obtain reinstatement and a clearance letter here.

  5. Check with the home state DMV and local counsel in your home state.

TRAFFIC INFRACTIONS & OFFENSES OTHER THAN MAJOR OFFENSES

        All violation convictions are to be reported to the home state.  CRS 24-60-1101 Interstate Driver's License Compact Article III 

        As a practical matter, employees of Colorado DMV Driver Control have indicated traffic violations other than major offenses identified above are not reported to the home state unless the out of state licensed driver fails to pay or otherwise resolve the ticket.  This attorney has seen multiple instances where minor traffic violation or infraction convictions were reported by Colorado to the home state where the ticket was timely paid.  Plan on any conviction (even a minor infraction) being reported by the Colorado DMV to the home state DMV.

POINTS OR OTHER ADVERSE ACTION

        If your license was issued by another state and Colorado reports a conviction, your home state will take action against your driver's license as though you were convicted in that state.  Even if not alcohol related, the report could generate point suspension or other adverse by your home state.

        If your home state has a statutory scheme similar in nature to Colorado,  If the home state statutory scheme is different from Colorado, and some are, no action can be taken against your license by your home state on the basis of the Colorado conviction.

Colorado Points - point system and points assessed for common tickets
        CRS 24-60-1101 Interstate Driver's License Compact Article IV
        CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

EFFECT OF COLORADO SUSPENSION, REVOCATION OR DENIAL

Even if the Colorado DMV adverse action is not reported to your home state or if your home state takes no adverse action against your driver's license:

  1. Colorado may enter a suspension, revocation or denial against the driving privileges of a person licensed in another state.  During the time such adverse action is in effect, the foreign license is invalid in Colorado.  CRS 42-2-123(1)  CRS 42-2-134

  2. The suspension, revocation or denial will remain in effect in Colorado until you become reinstated.  If you drive in Colorado before becoming reinstated, you are subject to arrest for driving under suspension, revocation or denial which can be quite serious.  For more information, please refer to the Driving Under Restraint page.

  3. Expiration of the period of suspension, revocation or denial is not sufficient to end the adverse action.  You must take the steps necessary to reinstate. For more information, please refer to the Clearance Letter subsection below and refer to DMV Addresses and Links page.

  4. When the out of state license comes up for renewal, the driver will likely be asked if he / she is under suspension, revocation or denial in any other state. If so, the home state will require that the driver clear the Colorado adverse action before issuing a new or renewal driver's license.  

  5. You must take whatever steps are necessary to reinstate in Colorado when you become eligible for reinstatement.  

  6. CRS 24-60-1101 Interstate Compact Article V

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FAILURE TO PAY
OR RESOLVE COLORADO TRAFFIC INFRACTIONS - OFFENSES

        Colorado has adopted and is a member of the interstate compact.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV  The purpose of the Non-Resident Violator Compact is to avoid unnecessary inconvenience and hardship of arrest and detention or bond and collateral, yet to secure appearance at trial.  

Upon failure to appear, failure to pay or other default:

  1. The local Colorado court will issue a warrant for your arrest if the ticket is for a traffic offense for which jail could be imposed.

  2. A $30 OJW fee (outstanding judgment warrant fee) will be assessed regardless of whether the ticket is for a traffic offense or traffic infraction.

  3. The local Colorado court will report the failure to the Colorado DMV.  

  4. The Colorado DMV may, but need not suspend the Colorado driving privileges of the out of state driver.  

  5. The Colorado DMV will report the failure to the home state licensing authority.  Report to the home state is limited to 6 months from date of ticket issuance.

  6. CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article III and CRS 42-2-123(1) and (2)

        Upon receipt of notice from Colorado DMV, the home state is required to notify the driver and initiate an action to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.  Bottom line - the driver must pay the ticket or otherwise resolve the Colorado traffic court case, then obtain a clearance letter from the Colorado DMV and provide to his / her home state licensing authority.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV

        CAVEAT: Provisions of the Non-Resident Violator Compact do not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article VII

CLEARANCE LETTER

Failure to Pay or otherwise Resolve

An out of state licensed driver may contact the licensing authority in his / her home state to determine if any interstate holds exist against the license.

  1. The licensing authority can access an available database which identifies drivers under adverse action in any state nationwide.  

  2. The licensing authority will advise the driver 
            Each relevant hold
            Summons number or other identifying information 
            Telephone number and address to the licensing authority of the issuing jurisdiction

  3. The driver must contact the licensing authority of each issuing jurisdiction which will advise the driver:
            Each relevant hold
            Court case number or other identifying information 
            Telephone number and address to the local court within the issuing jurisdiction
            Licensing authorities
                    Colorado DMV Driver Control
                    DMV Offices - Foreign States

  4. The driver must contact the local court of each issuing jurisdiction 

  5. The court will advise the driver of the alleged default and action necessary to cure
            The driver's goal to for the local court to fax the completion proof 
                    To the driver or counsel
                    To the licensing authority of the issuing jurisdiction (here - Colorado DMV Driver Control)
                    To the licensing authority of the home state

  6. Proof of completion must ultimately be received by the licensing authority in the home state to reinstate

  7. The driver will likely be required to pay a reinstatement fee to the licensing authority in the home state

    Note - the above process can be time consuming, but clearance letters can be obtained and licenses suspensions / holds can be cured.

Suspension, Revocation or Denial

        Upon expiration of the period of suspension, revocation or denial the out of state driver should contact the Colorado Department of Revenue, Division of Motor Vehicles, Driver Control Section.  Please refer to the DMV Addresses and Links page.  Colorado DMV Driver Control will advise you of action required to reinstate and obtain a clearance letter.  The clearance letter must then be presented to the licensing authority of the home state.

If the revocation or denial was alcohol related and SR-22 insurance would be required to reinstate, as an out of state resident carrying an out of state license, the driver may be able to avoid the SR-22 requirement with submission of

  1. DMV - Evidence of Insurance

  2. DMV - Alcohol Certification for Reinstatement

  3. DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance

  4. payment of the $60 reinstatement fee

DRIVER LICENSED OUT OF STATE - COLORADO TICKET

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
CSPD Accident Cold Report * CSPD Police Operations Center

 

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 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.

TRAFFIC INTERSTATE COMPACT
 
DRIVER LICENSED IN COLORADO
TICKET OUT OF STATE
ADVERSE ACTION BY COLORADO AS HOME STATE
BASED UPON REPORT FROM FOREIGN JURISDICTION
simply put - you are licensed in Colorado and got a ticket in another state
COLORADO STATE COURTS
Colorado Courts - El Paso County Court

Major Offense Definitions
CRS 42-2-202

DMV Statutes & Regulations

Colorado Revised Statutes Court Traffic Ticket Defense Self Help Legal Research

MAJOR OFFENSES

        As the home state issuing the license, Colorado will take adverse action upon following offenses reported by a foreign jurisdiction regarding the following offenses.

  1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

  2. Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;

  3. Any felony in the commission of which a motor vehicle is used;

  4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

  5. CRS 24-60-1101 Interstate Driver's License Compact Article IV

  6. CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

        The law in the foreign jurisdiction must be substantially similar to the Colorado offense counterpart.  A conviction reported by another state to Colorado will not be considered unless the executive director of the Colorado Department of Revenue has made a finding with respect thereto that the prerequisites to such conviction in such other state with respect to trial by jury, burden of proof, and elements of the offense are not less stringent than such prerequisites to conviction for such offense in this state.  CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

ALCOHOL RELATED TRAFFIC OFFENSES

        Colorado has both an intoxication offense (DUI) as well as a lesser included impairment (DWAI) offense and an excessive alcohol concentration offense (DEAC).  If a Colorado licensed driver is convicted of an alcohol related traffic offense in another state, and the issuing state reports the conviction to Colorado, the Colorado DMV will take action against the driver as though the alcohol traffic offense conviction occurred in Colorado.  CRS 24-60-1101 Interstate Driver's License Compact Article IV  
       
Idaho DWAI given effect in Colorado - see Kramer v. Colorado Dept. of Rev., 964 P.2d 629 (Colo. App. 1998)

This attorney can find no statutory authority for reporting DMV administrative revocation based upon excessive alcohol content.

        If a Colorado driver's license was physically seized by another state, the driver may be able to legally obtain a duplicate license from Colorado if the offense has not been reported under the interstate compact.  If so, the duplicate Colorado license may be valid to drive in Colorado and any other state except the foreign jurisdiction in which the conviction occurred unless the foreign jurisdiction issuing state reports under the interstate compact and Colorado takes adverse action.  Check with Colorado DMV Driver Control.  

TRAFFIC INFRACTIONS & OFFENSES OTHER THAN MAJOR OFFENSES

        All violation convictions are to be reported to the home state (Colorado).  CRS 24-60-1101 Interstate Driver's License Compact Article III

        As the home state issuing the license, Colorado will not take adverse action upon following offenses reported to Colorado by a foreign jurisdiction regarding minor traffic infractions or offenses other than indicated above.  CRS 24-60-1105(2) Interstate Driver's License Compact - Assessment of Points

POINTS OR OTHER ADVERSE ACTION

        If  your license was issued by Colorado and the foreign jurisdiction issuing state reports a major offense conviction, Colorado will take action against your driver's license as though you were convicted here.  Even if not alcohol related, the report could generate point suspension or other adverse by Colorado.

        If the foreign jurisdiction issuing state statutory scheme is different from Colorado, and some are, no action can be taken against your license by Colorado on the basis of the Colorado the foreign jurisdiction issuing state conviction.

Colorado Points - point system and points assessed for common tickets
        CRS 24-60-1101 Interstate Driver's License Compact Article IV
        CRS 24-60-1105(1) Interstate Driver's License Compact - Assessment of Points

EFFECT OF OUT OF STATE SUSPENSION, REVOCATION OR DENIAL

Even if the foreign state DMV adverse action is not reported to the Colorado DMV or if the Colorado DMV takes no adverse action against your driver's license:

  1. The suspension, revocation or denial will remain in effect in the foreign state until you become reinstated.  If you drive in that foreign state before becoming reinstated, you are subject to arrest for driving under suspension, revocation or denial which may be quite serious.  Consult legal counsel in the foreign state.

  2. Expiration of the period of suspension, revocation or denial may not sufficient to end the adverse action.  You may be required to take the steps necessary to reinstate. For more information, you may refer to the Clearance Letter subsection below and refer to DMV Addresses and Links page.  Under any circumstance, you should consult legal counsel in the foreign state.

  3. When the Colorado license comes up for renewal, the driver will be asked if he / she is under suspension, revocation or denial in any other state. If so, Colorado DMV Driver Control will require that the driver clear the foreign state adverse action before issuing a new or renewal Colorado driver's license.  

  4. You must take whatever steps are necessary to reinstate in the foreign state when you become eligible for reinstatement.  

  5. CRS 24-60-1101 Interstate Compact Article V

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FAILURE TO PAY OR OTHERWISE RESOLVE
OUT OF STATE TRAFFIC INFRACTIONS OR OFFENSES

        Colorado has adopted and is a member of the interstate compact.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV  The purpose of the Non-Resident Violator Compact is to avoid unnecessary inconvenience and hardship of arrest and detention or bond and collateral, yet to secure appearance at trial.  

Upon failure to appear, failure to pay or other default:

  1. The foreign court will likely issue a warrant for your arrest if the ticket is for a traffic offense for which jail could be imposed.

  2. A outstanding judgment warrant fee may be assessed regardless of whether the ticket is for a traffic offense or traffic infraction.

  3. The foreign court will report the failure to the foreign (issuing state) DMV.  

  4. The foreign (issuing state) DMV may, but need not suspend the driving privileges in that state.

  5. The foreign (issuing state) DMV will report the failure to the Colorado licensing authority  - Colorado DMV Driver Control.  Report to Colorado DMV Driver Control is limited to 6 months from date of ticket issuance.

  6. CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article III and CRS 42-2-123(1) and (2)

        Upon receipt of notice from the foreign (issuing state) DMV, Colorado DMV Driver Control is required to notify the driver and initiate an action to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to Colorado DMV Driver Control.  Bottom line - the driver must pay the ticket or otherwise resolve the out of state traffic court case, then obtain a clearance letter from the foreign (issuing state) licensing authority and provide to Colorado DMV Driver Control.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article IV

        CAVEAT: Provisions of the Non-Resident Violator Compact do not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.  CRS 24-60-2101 - Interstate Non-Resident Violator Compact - Article VII

CLEARANCE LETTER

Failure to Pay or otherwise Resolve

A Colorado licensed driver may contact Colorado DMV Driver Control to determine if any interstate holds exist against the license.

  1. Colorado DMV Driver Control can access an available database which identifies drivers under adverse action in any state nationwide.  

  2. Colorado DMV Driver Control will advise the driver 
            Each relevant hold
            Summons number or other identifying information 
            Telephone number and address to the licensing authority of the issuing jurisdiction

  3. The driver must contact the licensing authority of each issuing jurisdiction which will advise the driver:
            Each relevant hold
            Court case number or other identifying information 
            Telephone number and address to the local court within the issuing jurisdiction
            Licensing authorities
                    Colorado DMV Driver Control
                    DMV Offices - Foreign States

  4. The driver must contact the local court of each issuing jurisdiction 

  5. The court will advise the driver of the alleged default and action necessary to cure
            The driver's goal to for the local court to fax the completion proof 
                    To the driver or counsel
                    To the licensing authority of the issuing jurisdiction (the foreign state DMV)
                    To the licensing authority of the home state (here - Colorado DMV Driver Control)

  6. Proof of completion must ultimately be received by Colorado DMV Driver Control to reinstate

  7. The driver will be required to pay a $60 reinstatement fee to Colorado DMV Driver Control

    Note - the above process can be time consuming, but clearance letters can be obtained and licenses suspensions / holds can be cured.

Suspension, Revocation or Denial

        Upon expiration of the period of suspension, revocation or denial the Colorado licensed driver should contact the licensing authority of the foreign - issuing state.  The foreign (issuing state) DMV will advise you of action required to reinstate and obtain a clearance letter.  The clearance letter must then be presented to Colorado DMV Driver Control.

If the revocation or denial was alcohol related and SR-22 insurance would be required to reinstate, as an out of state resident carrying an out of state license, the driver may be able to avoid the SR-22 requirement with submission of

  1. affidavit of insurance

  2. affidavit of re alcohol education or alcohol usage

  3. affidavit of out of state residence 

  4. payment of the reinstatement fee

  5. Contact the licensing authority of the foreign - issuing state to determine if this is possible.

        Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download
        DMV - State of Colorado Accident Report - form obsolete - refer to
On-Line Colorado DMV 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
        For additional forms, please refer to the DMV Forms and Accident Reports page.
        For additional forms, please refer to www link Colorado DMV Website Forms - PDF Files
        NOTE:  These are Colorado forms - the foreign state will likely require its own forms

        Refer to the DMV Offices - Foreign States page for links to DMV office websites across the country
        You will likely find the relevant foreign jurisdiction DMV forms in their websites.  Most are .pdf files.

        NOTE  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
 
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WARNING RE FAILURE TO PROCURE CLEARANCE LETTER 
 

        I have defended Colorado drivers who obtained a new or renewal license without Colorado DMV knowledge of an out of state suspension, revocation or denial. In those circumstances, when stopped for a traffic violation, the law enforcement officer ran the nationwide hold database and charged the driver with driving under suspension, revocation or denial, or the felony driving after revocation prohibited as well as the charge of giving false information to the DMV. Although it seemed simple at the time the driver falsely obtained the license, it wasn't in his or her best interest.  I strongly advise drivers to immediately cease driving until lawful, follow through with reinstatement from the relevant state licensing authority, clear any holds and obtain the relevant clearance letter(s) when eligible.

 

 

OUT OF STATE RESIDENT - LICENSE STATUS IRRELEVANT

 

Colorado DMV will issue a valid Colorado driver license only to a person who is a lawful Colorado resident.  If you are an out of state resident, you do not qualify for a Colorado driver license.  Counsel will not respond to hypothetical questions (what if).

Residence may be established by such evidence as proof of employment, voter registration, utility bills or other documents which reflect that the applicant resides in Colorado. 1 CCR 204-16(B)4

 

COLORADO RESIDENT - VALID OF STATE LICENSE

 
        Colorado DMV will issue a valid Colorado driver license to a person who:
        a.  possesses an out of state license which is valid and not under restraint in any state, and who
        b.  becomes a legal resident of Colorado, and who
        c.  makes application to the Colorado DMV for a Colorado driver license
        Contact your local Colorado DMV Office to ascertain identity and testing requirements.

Residence may be established by such evidence as proof of employment, voter registration, utility bills or other documents which reflect that the applicant resides in Colorado. 1 CCR 204-16(B)4

 

COLORADO RESIDENT - OUT OF STATE LICENSE PROBLEM CAN BE CURED

 

        Colorado resident who possesses an out of state driver license which is under restraint:
        a.  obtain an order of reinstatement or clearance letter from the originating state and
                from any other state in which adverse action was taken
        b.  Colorado will issue a valid license. 1 CCR 204-16(C)(2)
        c.  Simply put, clean up your out of state restraint problems and Colorado DMV will grant you a Colorado license.

Residence may be established by such evidence as proof of employment, voter registration, utility bills or other documents which reflect that the applicant resides in Colorado. 1 CCR 204-16(B)4

 

COLORADO RESIDENT - OUT OF STATE LICENSE PROBLEM CAN NOT BE CURED
procedural synopsis regulatory and statutory links

 

DISCLAIMER

Information contained herein is for educational purposes only and shall not be construed as legal advice.  Although I have made sincere efforts to provide correct information, law changes rapidly and I do not warrant or guarantee the accuracy or current status of any information contained in this website. Do not assume the information provided herein pertains to your given facts or circumstances or rely upon it.  DO NOT move to Colorado in reliance upon information contained herein hoping to procure a Colorado driver license.  Consult Colorado DMV Driver Control or competent legal counsel.  This office would provide representation in a Colorado driver license application and DOR hearing matter or an appellate matter for a Colorado resident who has made license application, however will not offer advice as a pre-condition to a move to Colorado.  If you are currently residing out of state and thinking of moving to Colorado to get a driver license, please do not call.  I will politely decline such inquiry.  This is an economic policy decision based upon potential liability factors and is not subject to negotiation.

 

        If the out of state license problem can not be cured, Colorado has established a procedure to review Colorado license application.

 

        1.  The Colorado resident makes application for a Colorado driver license.

        2.  Colorado DMV ascertains whether the applicant has ever held or is the holder of a license to drive issued by another state.
                Essentially this consists of a check of the National Driver Register.

        a. If the applicant has held such license but the same has been suspended or revoked by the issuing state, DMV shall not issue a Colorado driver's license to the applicant except as provided by 1 CCR 204-16.

        b. Whenever DMV receives a license application from a person under restraint in a party state, DMV shall issue a written notice of denial to such applicant. The notice shall identify the state(s) where the applicant's privilege is under restraint. The notice shall contain information concerning the applicant's right to a hearing in accordance with CRS 24-4-104 and information on obtaining a Letter of Clearance from the restraining state.

        c.  Your application for a Colorado driver license will be denied - you would not otherwise be reading this webpage.

        3.  The license applicant requests a hearing before DOR Hearing & Appeals pursuant to CRS 24-4-104

        4.   DOR Hearing & Appeals conducts a hearing regarding granting or denial of a Colorado license pursuant to CRS 24-4-105

        5.  The Colorado DMV acquires the applicant's driving record from the restraining party state and analyzes that record, applying Colorado law. For purposes of this analysis, all offenses appearing on the out-of-state record shall be viewed as if they had occurred in Colorado. Analysis of the out-of-state record as described shall constitute the investigation required in Article V, paragraph 2, of the Driver License Compact.

        6.  At hearing, the Colorado DMV:     1 CCR 204-16(B)(2)

        a. DMV shall present its analysis and calculate the reinstatement eligibility date as determined by the application of Colorado law to the record.

        b. In making this calculation, DMV shall credit time spent under the out-of-state restraint to the total time of restraint required under Colorado law.

        c. If the calculated reinstatement eligibility date has passed, the applicant shall be eligible to apply for a Colorado driver's license upon the completion of any required reinstatement conditions.

        d. If the calculated reinstatement eligibility date is established to be a date in the future, that future date shall be the date upon which the applicant becomes eligible to apply for the Colorado license.

        e. This date shall be extended for one year in the event of any conviction of a traffic offense in the interim.

        7.  At hearing, the license applicant:     1 CCR 204-16(B)(3)

a.  Must show that at least one year has passed since the out-of-state license was suspended or revoked;
                1 CCR 204-16(B)(3)(a)
b. He or she has not driven since the imposition of the suspension or revocation;
                1 CCR 204-16(B)(3)(b) and
c.  The license applicant must be a legitimate Colorado legal resident at the time of making application.
                1 CCR 204-16(B)(3)(c)

Residence may be established by such evidence as proof of employment, voter registration, utility bills or other documents which reflect that the applicant resides in Colorado. 1 CCR 204-16(B)(4)

 

Any evidence of a traffic conviction for an offense occurring after the suspension or revocation effective date shall rebut the above paragraph, and the applicant shall be required to wait one year from the violation date before applying for a Colorado license under these rules; or until one year after the date of Colorado reinstatement eligibility, whichever is longer.  And, in no event shall a Colorado driver's license be issued to any applicant less than one year after the imposition of a restraint by a party state.  Simply put:
        a.  you must have undergone at least one year under restraint in your home state; and
        b.  you must have a clean history for at least one year prior to making Colorado application; and
        c.  you must not be precluded by Colorado law from being issued a driver license had the events occurred in Colorado at a time that you were a Colorado resident.

 

IMPORTANT REGULATORY PROVISION
NO PROBATIONARY LICENSE

In no event shall any limited driving privilege, such as a probationary or temporary license, be issued to any applicant subject to these rules.  1 CCR 204-16(B)(7)

I have received numerous inquiries from out of state residents who have heard they can come to Colorado and procure a probationary license or "red license" with limited driving privileges to drive back and forth to work, on the job or some other necessary but limited driving privilege.  To this attorney's understanding, the above provision in the Colorado Code of Regulations prohibits that.  You may consult other counsel, but please do not call requesting a way around the regulation.  I am aware of none.

 

These rules apply to persons who, at the time of application for a Colorado driver's license, have not reinstated their driving privilege in the restraining state. These rules apply regardless of whether the applicant is eligible to reinstate in the restraining state.  1 CCR 204-16(C)(1)  What this means is that if you could have reinstated in your home state but didn't, and if Colorado law is less favorable, you will be denied even if you could have reinstated and applied to Colorado DMV under normal procedures.  Lesson - reinstate in the home state if you can before making application for a Colorado driver license.

 

In the event of loss at the DOR hearing, appeal may be made pursuant to the Administrative Procedures Act, CRS 24-4-106.

 

 

REGULATORY AND STATUTORY LAW
PROBATIONARY LICENSE APPLICATION

1 CCR 204-16
Interstate Driver License Compact Regulation
 
CRS 24-4-104
Colorado Administrative Procedures Act
licenses - issuance, suspension or revocation, renewal
CRS 24-4-105
Colorado Administrative Procedures Act
hearings and determinations
CRS 24-4-106
Colorado Administrative Procedures Act
judicial review
 

NO LEGAL ADVICE
REGARDING FOREIGN JURISDICTION

        You must consult local counsel in the foreign jurisdiction to determine if a Colorado conviction or driving privilege revocation has been or will be reported to your home state under the Interstate Compact, and if so, what the effect will be in your home state. I am not licensed outside of Colorado and will offer no legal advice.

 
 
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?
 
 
 
 

        You must make your own determination whether you believe representation is needed based upon your knowledge of pending DMV adverse action and applicable law to resolve, the importance you assign to your driving privileges and your financial resources.  Bluntly, but succinctly put: your consequences, your pocket book, your judgment call.  Unfortunately, driving under restraint carries mandatory jail in Colorado, and unlike the constipated buffalo, "this shall not pass" until you cure the interstate compact adverse action and reinstate your home state driving privileges.

        If you are haven't solved your interstate compact problem by now and are reading this page, it's probably time to loosen the pocket book and hire a defense attorney.  You need not retain my services, but hire counsel.

 
 

ATTORNEY'S FEES AND COSTS
TRAFFIC INTERSTATE COMPACT
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 hourly attorney fees and estimated costs. The hourly fee and initial trust deposit quotes 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.  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.
 
        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
TRAFFIC INTERSTATE COMPACT DRIVER LICENSE DEFENSE

COLORADO DMV  * DOR  * DRIVER LICENSE DEFENSE

This office bills  interstate compact cases only upon an hourly fee basis.  Due to the fact I can not predict license holds, jurisdictions involved & telephone hold time, I do not offer flat fees.  Multiple cases or jurisdictions would increase time expended.  Refer to below frequent trust deposit request regarding fees and costs.  Attorney reserves the right to decline any case.  If the hold originates from another jurisdiction, counsel in that state may be required.

Most interstate compact cases reinstatement cases do not require a DMV hearing, however time is expended determining the identity, location and specifics of case which caused the interstate hold, ascertaining the requirements to cure the foreign jurisdiction case, actually curing the problem ticket and court proceedings, procuring clearance documentation from the foreign jurisdiction and transmittal to the home jurisdiction.

Representation in a Colorado traffic case may be required to cure. 
If so refer to traffic cases.

State of ticket or license hold is foreign jurisdiction. 
State of license or application is referred to as home jurisdiction.
 

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
 
$     hourly  
$   variable  
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

$950*

traffic interstate compact driver license defense
* this shall not constitute an offer, nor be construed as a binding estimate

NOTICE

When I accept an interstate compact case, I disburse proceeds necessary to cure the foreign jurisdiction problems and obtain a clearance letter - I will not leave that to the client.  The initial trust deposit request could change rapidly depending upon foreign court fines and costs and foreign jurisdiction DMV fees which may be relevant - amounts necessary to cure the foreign jurisdiction hold.

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 COURTS
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   Court records search & copy costs (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
anticipate additional initial trust deposit of $250 per conviction case attacked

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

 
 
****************************** ****************************** ******************************
 
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 during the course of the Interstate Compact DOR hearing or ruling, 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

BEFORE USING ANY INFORMATION IN THIS WEBSITE, PLEASE REFER TO THE BELOW LINKS
NOTICE AND DISCLAIMER
HomePage Disclaimer
 information to website visitors
ATTORNEY ETHICS & CLIENT DISCLOSURES
Prior Convictions or Bad Acts
important warning information before disclosure
CONTACT & PRIVACY
Confidentiality & Privacy Policy
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  

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