GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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COLORADO SPRINGS COMPULSORY INSURANCE TRAFFIC
DEFENSE |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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BASIC
INFORMATION
please refer to the below links
for basic information regarding defense of criminal & traffic cases |
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COMPULSORY INSURANCE
CRIMINAL
CHARGE - FAILURE TO MAINTAIN INSURANCE |
A driver may be charged with failing to provide evidence of compulsory insurance
coverage on a vehicle. This may be:
a. owner and operator of
the vehicle or owner but not the operator CRS
42-4-1409(1)
In 29+ years of practice, I
have not personally seen an owner (non-operator) charged with this
statutory offense. I suspect if a non-operator owner were to be
charged, it would be under circumstances of significant injuries and
damages.
b. operator but not the
owner of the vehicle CRS
42-4-1409(2)
c. failure to produce
evidence of insurance to the law enforcement officer CRS
42-4-1409(3)
If the vehicle was insured, defendant may file a motion to dismiss the compulsory
insurance charge with a copy of you evidence of insurance in effect on the date
of the stop or appear before a magistrate or judge on the date of the ticket with your
evidence of insurance. That is a defense to any one of the above charges - the
compulsory insurance charge will be dismissed. CRS
42-4-1409(6) This is not
complicated - you would not need an attorney.
If evidence of insurance coverage is not in your possession, you can obtain this
information from your insurance company by calling your agent at the time or the
insurance company home office. If you were not insured when stopped, obtain
coverage immediately and take the insurance binder to court with you.
Testimony by a law enforcement officer that evidence of insurance was requested,
but not produced is sufficient to support a conviction. CRS
42-4-1409(5)

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COMPULSORY INSURANCE |
| TRAFFIC OFFENSE
4
Points |
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CRS 42-4-1409. Compulsory insurance - penalty -
repeal
(1) No owner of a motor vehicle required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by
CRS 10-4-705 and CRS 10-4-716
(2) No person shall operate a motor vehicle on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by
CRS 10-4-705 and CRS 10-4-716
attorney notation: multiple sections have been omitted or summarized for brevity - refer to
statutes
for full text
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State Court Possible Penalties
- First Offense
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Adult |
Minor |
| Jail
- CRS 42-4-1409(4)(a) |
10 days - 1 year |
10 days - 1 year |
| Fine
- CRS 42-4-1409(4)(a) |
$100 - $1,000 |
$100 - $1,000 |
| Mandatory
Minimum Fine & Costs |
$188 |
$188 |
| UPS - see
PUBLIC
SERVICE AGENCIES |
40 hours |
40 hours |
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Points
against
Colorado driving privileges |
4
Points
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4
Points
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State Court Possible Penalties
Second or Subsequent Offense within 2 Years |
Adult |
Minor |
| Jail
- CRS 42-4-1409(4)(b) |
10 days - 1 year |
10 days - 1 year |
| Fine
- CRS 42-4-1409(4)(b) |
$100 - $1,000 |
$100 - $1,000 |
| Mandatory
Minimum Fine & Costs |
$288 |
$288 |
| UPS - see
PUBLIC
SERVICE AGENCIES |
40 hours |
40 hours |
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Points
against
Colorado driving privileges |
4
Points
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4
Points
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COMPULSORY INSURANCE |
| TRAFFIC OFFENSE
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10.28.101: Compulsory Insurance
A. Insurance Required; Owner: No owner of a motor vehicle required to be registered in this State shall operate a vehicle or permit it to be operated on the streets and highways when the owner has failed to have a complying policy or certificate of self-insurance in force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
B. Insurance Required; Operator: No person shall operate any motor vehicle on the streets and highways of this municipality without a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
C. Present Evidence When Requested: When requested to do so following any lawful traffic contact or during any traffic investigation by a police officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
D. Failure To Present Evidence: Testimony of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716, when requested to do so by a police officer, shall constitute prima facie evidence, at a trial concerning a violation charge under subsection A, B or C of this section, that the owner or operator of a motor vehicle violated subsection A, B or C of this section.
E. Penalty:
1. As determined by the court, upon conviction for a first offense for violating subsection A, B, or C of this section, and with no previous convictions under Colorado Revised Statutes section 42-4-1409 during the previous two (2) years, the court shall impose a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) and, in addition, the court may impose imprisonment not to exceed ninety (90) days. The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
2. Upon a second or subsequent conviction under this section within a period of two (2) years following a prior conviction under this section or under Colorado Revised Statutes section 42-4-1409, the court shall impose a fine of not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00) and, in addition, the court may impose imprisonment not to exceed ninety (90) days. The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
3. No person charged with violating subsection A, B or C of this section shall be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716, at the time of the alleged violation.
F. Affirmation Of Insurance: Upon receipt, the owner of a motor vehicle shall sign and date an affirmation of insurance in the space provided on a vehicle registration described in Colorado Revised Statutes sections 42-3-112(2) and (3). (Ord. 95-169; Ord. 00-61; Ord. 01-42) |
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Colorado
Springs Municipal Court
Possible Penalties
- First Offense
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Adult |
Minor |
| Jail
- 10.28.101(e)(1) |
0 - 90 days |
0 -
10 days |
| Fine
- 10.28.101(e)(1) |
$100 - $500 |
$10 - $500 |
| Mandatory
Minimum Fine |
$100 |
$100 |
| UPS - see
PUBLIC
SERVICE AGENCIES |
none |
none |
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Points
against
Colorado driving privileges |
4
Points
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4
Points
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Colorado
Springs Municipal Court
Possible Penalties
Second or Subsequent Offense within 2 Years
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Adult |
Minor |
| Jail
- 10.28.101(e)(2) |
10 - 90 days |
0 -
10 days |
| Fine
- 10.28.101(e)(2) |
$200 - $500 |
$10 - $500 |
| Mandatory
Minimum Fine & Costs |
$288 |
$288 |
| UPS - see
PUBLIC
SERVICE AGENCIES |
none |
none |
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Points
against
Colorado driving privileges |
4
Points |
4
Points
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Surrounding Area
MUNICIPAL COURTS
COMPULSORY
INSURANCE DEFENSE |
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Southern Colorado |
Metro Denver Area |
Colorado
Springs Municipal Court
Municipal Court - Colorado Springs, Colorado |
Calhan Municipal Court
Municipal Court - Calhan, Colorado |
Denver City & County Traffic Court
Traffic Court - Denver, Colorado |
Denver City & County Criminal Court
Criminal Court - Denver, Colorado |
Canon City Municipal Court
Municipal Court - Canon City,
Colorado |
Castle Rock Municipal Court
Municipal Court - Castle
Rock, Colorado |
Aurora Municipal Court
Municipal Court - Aurora, Colorado |
Brighton Municipal Court
Municipal Court - Brighton, Colorado |
Cripple Creek Municipal Court
Municipal Court - Cripple
Creek,
Colorado |
Fairplay Municipal Court
Municipal Court - Fairplay, Colorado |
Broomfield Municipal Court
Municipal Court - Broomfield, Colorado |
Centennial Municipal Court
Municipal Court - Centennial, Colorado |
Florence Municipal Court
Municipal Court - Florence, Colorado |
Fountain Municipal Court
Municipal Court - Fountain,
Colorado |
Englewood Municipal Court
Municipal Court - Englewood, Colorado |
Federal Heights Municipal Court
Municipal Court - Federal Heights, Colorado |
Manitou Springs Municipal Court
Municipal Court - Manitou
Springs, Colorado |
Monument Municipal Court
Municipal Court - Monument, Colorado |
Golden Municipal Court
Municipal Court - Golden, Colorado |
Littleton Municipal Court
Municipal Court - Littleton,
Colorado |
Palmer Lake Municipal Court
Municipal Court - Palmer
Lake, Colorado |
Pueblo Municipal Court
Municipal Court - Pueblo,
Colorado |
Sheridan Municipal Court
Municipal Court - Sheridan,
Colorado |
Thornton Municipal Court
Municipal Court - Thornton, Colorado |
Simla Municipal Court
Municipal Court - Simla,
Colorado |
Woodland Park Municipal Court
Municipal Court - Woodland
Park,
Colorado |
Wheat Ridge Municipal Court
Municipal Court - Wheat Ridge,
Colorado |
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NOTICE: It is the policy of the presiding judge in
Palmer Lake Municipal Court
not to accept negotiated plea settlements. If charges are filed in this
court, counsel must prepare for trial;
trial fees and costs would be quoted.
Municipal courts do not have the
availability of e-Filing as do state district courts, however some of the local
area smaller municipal courts have now come into the 21st century by accepting
pleadings and filings via email and payment of fines and costs via bank on-line
bill pay. Depending upon court policy regarding entry of plea via email
and e-payment subsequent to negotiation without the necessity of physical
appearance,
travel time & mileage
may possibly be avoided. Not all courts permit this.

If compulsory
Insurance CRS 42-4-1409 court conviction enters, DMV insurance
suspension adverse action treatment is very different, depending upon whether
the conviction is for:
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refer to links for
simple information - you may save $$ thousands insurance premium |

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COMPULSORY INSURANCE |
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| POTENTIAL
DEFENSES |
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In my opinion, the state legislature finally got one right - and they made it
simple.
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Prosecution is simple. If a law enforcement officer testifies the
defendant failed to produce insurance, that is sufficient for conviction.
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Defense is simple. If a defendant can produce to the court evidence of
insurance which was in effect for the vehicle and driver on the date of the
alleged offense, dismissal is automatic. Courts or prosecutors
frequently verify that the insurance was in effect.
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No muss, no fuss in the court proceedings.
Refer to the
DMV -
Insurance Adverse Actions
link for knowledge as to driver's license suspension and
SR-22
proof of insurance
consequences if you are convicted of a compulsory insurance criminal charge.
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The "bad stuff"
happens quickly when you have insufficient knowledge of law and procedures.
With the information in this page and
DMV -
Insurance Adverse Actions
page, you may be able to avoid that.
If defendant was not insured on the date of offense, obtain
coverage immediately and take the insurance binder to court with you.
While not a defense to the charge, it will likely affect plea negotiations.


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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?
COMPULSORY INSURANCE DEFENSE |
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Do I need an attorney?
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Probably not.
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Unless combined with other more serious charges,
compulsory insurance second or subsequent offense or
points
will cause license loss,
I generally suggest drivers not retain counsel for a compulsory
insurance ticket.
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Quite likely on
first offense the prosecutors will deal down to
operator - non owner
- $188 fine + court costs, 40 hours of community
service (additional $75 supervision fee) and 4
points
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ATTORNEY'S
FEES AND COSTS
COMPULSORY INSURANCE TRAFFIC
TICKET 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 settlement flat
fee or a trial flat fee. Attorney reserves the right to quote hourly
fees only without a flat fee offer, or hourly and trial flat fee options only.
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
COMPULSORY
INSURANCE TRAFFIC TICKET DEFENSE |
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I generally offer hourly fees or a settlement flat fee. Most
compulsory insurance
cases plea bargain and do not proceed to trial. The settlement flat
fee would be dependent upon the facts and circumstances of the case, however
the above would be a common quote. This shall neither constitute an offer, nor
be construed as a binding estimate.
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Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote.
This shall
neither constitute an offer, nor be construed as a binding estimate. |
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frequent
trust deposit request
regarding fees & costs |
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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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compulsory
insurance traffic ticket 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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| 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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| direct link to
criminal or traffic court costs - costs change &
lists may be obsolete |
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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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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
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REVOCATION
*
DENIAL |
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Colorado Springs Attorney Robert D. Gustafson
common quote -
limited flat fee |
$650 |
this shall neither constitute an offer, nor be
construed as a binding estimate
DMV limited flat fee would be dependent upon the
facts and circumstances of the case |
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A DMV limited flat fee would likely be
offered. Additional hours necessitated by
continuance requested by police or by subpoena procurement are billed at
hourly rates. A client may retain the attorney's services in a DUI or
traffic criminal case without asking for
assistance at
DMV proceedings. Attorney does not undertake representation in
DMV proceedings until the DMV limited flat fee has been paid, and full payment is required
at least *seven (7) days in advance of hearing. Fees beyond the DMV limited
flat fee would be
unusual. |
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Attorney will initially
make an option offer of 1.) billing to be upon hourly fees, or in the
alternative, 2.) quote of a hearing flat fee per above. Offered
fee options will be up to the client, however client's initial election will be
final. Hourly fee billings are based solely upon time, and may be more
or less than the offered flat fee. Hourly fees are not capped at
the limited flat fee. Attorney reserves the right to quote hourly fees only without a
flat fee offer. Attorney
reserves the right to decline any case. |
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Applicable case law, statutes, rules of civil
procedure, and Department of Revenue or Department of Health regulations
contain mandatory time constraints, are complex and are generally
unfavorable to the driver. The above
7 day hiring limitation is based solely upon client control over fees
paid at time attorney is retained in the criminal case and upon
avoidance & resolution of attorney calendar conflicts.
Prospective clients are notified 7 days is insufficient time to prepare
an adequate license hearing defense which involves DMV discovery or DOR
issuance of subpoena (compelling testimony) or subpoena duces tecum
(compelling testimony & production of documents or evidence).
Delay in retaining attorney may prejudice the defense. Whether the
underlying basis is alcohol related or not, time is critical in DOR hearings
regarding suspension, revocation or denial of Colorado driving
privileges. |
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DOR
hearing fee Estimate Caveats.
If
collateral attack is required, the
attorney would need to know more about the number and locations of
underlying court cases to be attacked before offering a DOR hearing
fee.
Legal research and research time
would increase the estimates. |
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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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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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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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compulsory insurance, Colorado,
failure to maintain insurance, motor vehicle, insurance, driver, license,
suspension, revocation, denial, Colorado Springs, El Paso County, court, lawyer,
attorney |


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Website Copyright © 2003 -
All Rights Reserved - Document Revised
August 27, 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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