GUSTAFSON LAW OFFICE Colorado Springs, Colorado    El Paso County Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs COLORADO SPRINGS COMPULSORY INSURANCE TRAFFIC DEFENSE Email Attorney  Attorney Vita Phone (719) 260-1002 Fax (719) 260-1003  **  Toll Free (800) 410-1002 Hours Consultation Terms Fees & Costs Retainer Documents Driving Directions Maps to Attorney Travel * Trade Area * Courts

BASIC INFORMATION please refer to the below links for basic information regarding defense of criminal & traffic cases Right to Silence Search & Seizure Defendant Demeanor Bail Bond Independent Service Providers Advice from Laymen

COMPULSORY INSURANCE CRIMINAL CHARGE - FAILURE TO MAINTAIN INSURANCE

COMPULSORY INSURANCE TRAFFIC OFFENSE  4 Points COLORADO STATE COURTS County Court   *   El Paso County Colorado Court Proceedings Traffic Offense Sentencing Driver License Defense DMV Forms DMV Addresses Self Help Research Colorado Revised Statutes Travel Time & Mileage Attorney Fees & Costs

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

State Court Possible Penalties - First Offense 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 Points against Colorado driving privileges 4 Points 4 Points

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 Points against Colorado driving privileges 4 Points 4 Points

COMPULSORY INSURANCE TRAFFIC OFFENSE  4 Points Colorado Springs MUNICIPAL COURT Muni Court Proceedings Traffic Offense Sentencing Driver License Defense DMV Forms DMV Addresses Self Help Research Municipal Ordinances * Codes Travel Time & Mileage Attorney Fees & Costs

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)

Colorado Springs Municipal Court Possible Penalties - First Offense 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 Points against Colorado driving privileges 4 Points 4 Points

Colorado Springs Municipal Court Possible Penalties Second or Subsequent Offense within 2 Years 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 Points against Colorado driving privileges 4 Points   4 Points

Robert D. Gustafson Attorney At Law Colorado Springs, Colorado Phone (719) 260-1002 Fax (719) 260-1003 Toll Free (800) 410-1002 Surrounding Area MUNICIPAL COURTS COMPULSORY INSURANCE DEFENSE TRAVEL TIME & MILEAGE Billed Outside El Paso County   Colorado State Courts Billed Outside El Paso County 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 Municipal Ordinances and Codes Colorado Model Traffic Code

COMPULSORY INSURANCE POTENTIAL DEFENSES

AUTOMATED TRAFFIC ENFORCEMENT - TRAFFIC CAMERAS relevant links
Local Traffic Cams	Automated Traffic Enforcement	Traffic Cam Information	Colorado Statute	DMV Point Structure	Traffic Defense

COLORADO DMV - DOR  *  DRIVER LICENSE DEFENSE
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 information.
DMV Addresses and Links		Driving Abstracts and Records		DMV Point Structure	On-Line Colorado Driving Records
Driver License & Hearing Defense		DMV Appeal	Legal Research	Selected Statutes & Regs	"Red" License & Interlock Devices
Insurance Actions	SR-22 Insurance	Habitual Traffic Offender		Interstate Compact	Accident Reports & DMV Forms
State of Colorado accident report obsolete 8/4/04 * police now verify insurance at the accident scene refer to above link for information, forms, state on-line accident report and CSPD Cold Report           Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a 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.   Drunk Driving - DUI * DEAC * DWAI Hit and Run Driving under Restraint or Driving After Revocation Prohibited Adobe Acrobat Reader version 5 or later is required to view Colorado DMV forms & CSPD cold report .pdf files    Free Download Colorado State Accident Report on-line Colorado State Accident Report hardcopy Evidence of Insurance FRA - Waiver of Security - Financial Responsibility FRA - Release from Liability Affidavit of Financial Responsibility Affidavit - Out of State Residency - FRA SR-22 Avoidance         Promissory Note Contract Other DMV forms
CSPD Accident Cold Report    due within 72 hours of accident obtain hardcopy cold report from CSPD Police Operations Center State of Colorado On-Line Accident Report accident report obsolete 8/4/04 unless no officer accident report
LINKS TO OTHER DMV INSURANCE SUSPENSIONS   Uninsured Motorist Suspension         Compulsory Insurance - DMV Notice Issued by Law Enforcement Officer          CRS 42-2-127.7         Suspension Hearing Procedures                 Uninsured Motorist - DMV Notice  CRS 42-2-127.7 FRA Suspension - Financial Responsibility Act          CRS 42-7 §§ 101, 202, 301, 303 DMV Forms Seizure of Vehicle License Plates - Compulsory Insurance  CRS 42-7-605

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 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 Cams Insurance SR-22 Interlock  Driving Records

DO I NEED AN ATTORNEY? COMPULSORY INSURANCE DEFENSE
Do I need an attorney?	Probably not.
	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.
	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

ATTORNEY'S FEES AND COSTS COMPULSORY INSURANCE TRAFFIC TICKET DEFENSE   TRAFFIC CRIMINAL CHARGE   LICENSE SUSPENSION HEARING

POTENTIAL FEE QUOTE COMPULSORY INSURANCE TRAFFIC TICKET DEFENSE HOURLY FEE RATE SETTLEMENT FLAT FEE would be deducted from trial flat fee $650   TRIAL FLAT FEE settlement fee would be deducted $1,500   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.   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.   TRUST DEPOSIT REQUEST frequent trust deposit request regarding fees & costs
PAYMENT Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.
Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT   $          650    $            50      settlement common trust deposit request including attorney's fees & litigation costs - excluding travel *property damage - no personal injury, no private investigator & no paint testing by laboratory map * travel policy - time & expenses * travel rates settlement trust deposit would be deducted from trial trust deposit   OR $   700*   Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT   $       1,500   $          250     trial common trust deposit request including attorney's fees & litigation costs - excluding travel *property damage - no personal injury, no private investigator & no paint testing by laboratory Additional cost deposit may be requested as trial preparation proceeds & anticipated litigation expenses solidify map * travel policy - time & expenses * travel rates $1,750* compulsory insurance traffic ticket defense * this shall not constitute an offer, nor be construed as a binding estimate
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th if fees and costs are not paid as agreed, representation is withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client generic costs relevant to any traffic * criminal action generic costs relevant to any litigation note: costs change & below cost information may be obsolete link to Colorado Judicial Branch website -  current costs information published by state COLORADO STATE COURT COSTS & FILING FEES direct link to criminal or traffic court costs - costs change & lists may be obsolete COUNTY COURT CRIMINAL COSTS DISTRICT COURT CRIMINAL COSTS
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) 25.00   State court jury deposit - C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal) 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) 75.00   Public Service supervision fee 37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral costs 95.00   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 $3 per page   Transcriptionist - law enforcement 911 / dispatch audio files & investigator interview audio recordings if relevant Varies   On-line legal research - dependent upon issues requiring legal research, if any Rates   Travel time and expenses if the case is outside El Paso County     depending upon the facts if an accident was involved, it may be prudent to retain an accident reconstruction expert
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

POTENTIAL FEE QUOTE DOR * DMV LICENSE HEARING SUSPENSION  *  REVOCATION  *  DENIAL HEARING FLAT FEE HOURLY FEE RATE   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
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.   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.   * 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.   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.   Non-Alcohol Alcohol Habitual Offender
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 FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th if fees and costs are not paid as agreed, representation is withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount

please feel free to call or email if you are a client or are seeking representation	DISCLOSURES Privacy  Notice & Disclaimer  Ethics & Client Disclosures  applicable whether site visitor reads or not		Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount
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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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