GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
| ATTORNEY
- NOT
INSURANCE AGENT |
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COLORADO SR22 INSURANCE INFORMATION |
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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 SR-22 Insurance aka
Colorado SR22 Insurance - FRA proof of financial responsibility - Colorado DMV / DOR driver license suspension or revocation. SR 22 insurance criteria, period required & insurance term
revocation -
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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Don't let the phrase SR-22 throw you for a loop. SR-22 is merely the
number of a form which insurance companies use when verifying insurance coverage
to the Colorado Department of Revenue, Division of Motor Vehicles.
The insurance company advises
the DMV it will not cancel the insurance for a certain period of time
(usually 3 years) unless the insured fails to pay the premium.
The insurance company assures
the DMV it will give notice to the DMV of cancellation in the event of
premium non-payment.
This type of insurance is frequently expensive because it is usually required
only for those individuals who have had problems with their driving
history. Hence, such drivers are a higher risk of loss to insurance
companies. Due to the cost, a driver should check with multiple insurance
companies or agencies. This attorney recommends a driver obtain at minimum
three (3) quotes. A driver might contact:
An agent for Farmer's Insurance
Group
An agent for American Family
Insurance
An independent insurance agent
who is authorized for underwrite for several insurance companies such as
Progressive Insurance, Dairyland Insurance or the like.
To this attorney's knowledge,
State Farm Insurance does not underwrite SR-22 except in very unusual
circumstances.
Under most circumstances, SR-22
insurance coverage period will be 3 years. Under some circumstances it
may be less - some statutory provisions are included below. Previous clients
have advised me the cost for SR-22 varies between $1,200 - $4,800 per year. If
a driver fails to provide proof or to maintain the SR-22 high risk insurance,
the license or driving privileges will be suspended in a proceeding called an insurance term revocation.
Refer to Driving Under Restraint
page for information regarding penalties.
Expensive, but not a difficult concept. Doesn't it seem that by enacting
the mandatory statutes which carry driver's license suspension, vehicle license
plate seizure and criminal penalties - including jail, our state legislators (in
their infinite wisdom) guaranteed profits for insurance companies?

Any number of traffic violations can
cause SR-22 insurance. To mention a few, but not exclusive:
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Having your driving privileges
revoked for excessive alcohol content or refusing a chemical test
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Being convicted of two alcohol
related traffic offenses within 5 years
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Being convicted of three alcohol
related traffic offenses during your lifetime
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Being revoked or denied as an
habitual offender
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Being convicted of hit and run
involving personal injuries
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Being convicted of a felony in
the commission of which a motor vehicle was used
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Being the owner of a vehicle -
twice allowing another person to drive your vehicle, and as a result of
which the third person's driving privileges were revoked on 2 separate
occasions for excessive alcohol concentration or refusing a chemical test
Here the sanction is not
against a driver - merely an owner who allowed another to drive his /
her motor vehicle
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Giving false information to the
DMV relating to ownership or operation of a vehicle
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Being convicted of reckless
driving 3 times committed within 2 years
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Being involved in a traffic
accident and failing to provide evidence to the DMV FRA Section that your
vehicle was insured on the date of the accident
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Adult plea of guilt or nolo contendere, guilty verdict or deferred sentence related to a felony drug
offense - the offense need not involve traffic or be traffic related
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Underage 2nd or subsequent
conviction or license revocation for "baby DUI"
BAC 0.05 - 0.08
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Owner - operator compulsory
insurance conviction
Note: although a driver can
be charged with compulsory insurance while driving a vehicle owned by
another person, such a conviction as the "non-owner operator"
does not trigger the 3 year SR-22 requirement
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Being stopped by law enforcement
and inability to provide evidence of insurance at the time of the stop - and
the officer knows traffic law sufficiently that he /she initiates an
insurance revocation
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Driving without SR-22 insurance
when SR-22 insurance was required
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Each above DMV
proceeding is independent of the other and can be entered simultaneously.
CRS
42-2-125, CRS
42-2-126, CRS
42-7-406

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CAN
I DROP SR-22 INSURANCE AND STILL DRIVE? |
If the SR-22 financial responsibility requirement has been imposed upon a
driver, he / she must comply. If the driver fails to carry the insurance
coverage or pay the premiums, the insurance company will notify the DMV which
will impose an insurance term revocation upon the driver. Continue
driving? - hello jailhouse.
Refer to
Driving
Under Restraint page for information regarding penalties.
Mandatory minimum jail 5
days
"the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an
emergency"
Maximum jail 6 months
Minimum fine $50
Maximum fine $500
CRS
42-7-422

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STATUTORY
PROVISIONS
SR-22 PROOF OF FINANCIAL RESPONSIBILITY |
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CRS 42-7-408. Proof of financial responsibility - methods of giving proof - duration -
exception.
(1)(a) Proof of financial responsibility for the future, when required under this article, may be given by the following alternate methods:
(I) Proof that a policy of liability insurance has been obtained and is in full force and effect or that a bond has been duly executed or that deposit has been made of money; or
(II) Securities as provided in section 42-7-418.
(b) Proof of financial responsibility for the future in the amounts provided in section 42-7-103 (14) shall be maintained for three years from the date last required and shall be furnished for each motor vehicle registered during that period; except that, if during such three-year period the insured has not been licensed to drive pursuant to this title, the insured shall be credited with the
non-licensed time toward the three-year period.
(c) Notwithstanding the three-year requirement in paragraph (b) of this subsection (1):
(I) If an insured has been found guilty of a driving offense pursuant to section 42-4-1301 (1) or (2) (a) or if the insured's license has been revoked pursuant to section 42-2-126, other than a revocation under section 42-2-126 (2) (a) (I.5) or (2) (a) (IV), only one time and no accident was involved in such offense, proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint, up to a maximum of three years. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
(II) If an insured has been found guilty of a second or subsequent offense of driving with an alcohol content of at least 0.02 but not more than 0.05 while under twenty-one years of age under section 42-4-1301 (2) (a.5) or if the insured's driver's license has been revoked because of a second or subsequent offense pursuant to section 42-2-126 (2) (a) (I.5) or (2) (a) (IV), proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
(2) The term of the policy of liability insurance or the bond submitted as proof of financial responsibility for the future shall be for a minimum of three months.
(3) If an insured's driver's license is cancelled pursuant to section 42-2-125 (4), and after such cancellation neither a court of competent jurisdiction nor an administrative hearing officer determines that the charges have been proved, the insured shall not be required to comply with the proof of financial responsibility requirements stated in this section.
(4) If at any time when insurance is required to be maintained in accordance with section 42-4-1409 or this article it is not so maintained or becomes invalid, the director shall suspend the driver's license of the person who has not maintained the required insurance and shall not reinstate the license of such person until future proof of financial responsibility is provided in accordance with section 42-7-406 (1).
(5) Repealed.
(6)(a) Upon receipt of evidence from an agency of another state or foreign jurisdiction that a former Colorado resident has obtained a license in such state or foreign jurisdiction, the director shall suspend the requirement for proof of financial responsibility for the future until such time as the former resident has made application for a new Colorado license.
(b) If such former resident makes application for a Colorado driver's license, the director shall reinstate the requirement for proof of financial responsibility for the future until such time as the original requirement to maintain proof of financial responsibility for the future has expired. 

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INITIAL CONSULTATION TERMS
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attorney is a sole practitioner with need to manage his caseload
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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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