Compulsory Insurance
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GUSTAFSON LAW OFFICE
COLORADO SPRINGS COMPULSORY INSURANCE TRAFFIC DEFENSE

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

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Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 
COLORADO SPRINGS COMPULSORY INSURANCE TRAFFIC DEFENSE
COLORADO SPRINGS CRIMINAL DEFENSE
Colorado compulsory insurance - failure to maintain insurance - Colorado Springs traffic & criminal defense attorney
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
COMPULSORY INSURANCE - CRIMINAL CHARGE
bail bond SILENCE SEARCH DEMEANOR
DMV - INSURANCE ADVERSE ACTIONS TRAFFIC CLASSES PUBLIC SERVICE
ATTORNEY'S FEES AND COSTS DO I NEED AN ATTORNEY? SERVICE PROVIDERS
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal

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.

Compulsory insurance cases occur across Colorado - please refer to attorney 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
 

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

 

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

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 25+ 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)

 

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

 

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

Southern Colorado

Metro Denver Area
Colorado Springs Municipal Court
Municipal Court - Colorado Springs, Colorado
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Municipal Court - Federal Heights, Colorado
Monument Municipal Court
Municipal Court - Monument, Colorado
Palmer Lake Municipal Court
Municipal Court - Palmer Lake, Colorado
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Municipal Court - Golden, Colorado
Littleton Municipal Court
Municipal Court - Littleton, Colorado
Pueblo Municipal Court
Municipal Court - Pueblo, Colorado
Simla Municipal Court
Municipal Court - Simla, Colorado
Sheridan Municipal Court
Municipal Court - Sheridan, Colorado
Thornton Municipal Court
Municipal Court - Thornton, Colorado
Woodland Park Municipal Court
Municipal Court - Woodland Park, Colorado
Municipal Ordinances and Codes
Colorado Model Traffic Code
Denver Travel Time & Mileage
Colorado Springs Attorney
Wheat Ridge Municipal Court
Municipal Court - Wheat Ridge, Colorado

        NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If your ticket in 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.

DMV - INSURANCE ADVERSE ACTIONS
Refer to the title link and to the below links for information regarding direct consequences of conviction

       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:

STATUS STATUTORY OFFENSE CONVICTED LINKS
Operator and / or OWNER of the vehicle CRS 42-4-1409(1)  SR-22 proof of insurance DIRECT LINK
Operator but NOT THE OWNER of the vehicle CRS 42-4-1409(2) DIRECT LINK

refer to links for simple information - you may save $$ thousands insurance premium

COMPULSORY INSURANCE
POTENTIAL DEFENSES

        In my opinion, the state legislature finally got one right - and they made it simple.  

  1.         Prosecution is simple.  If a law enforcement officer testifies the defendant failed to produce insurance, that is sufficient for conviction.

  2.         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.

  3.         No muss, no fuss in the court proceedings.

  4.         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.

  5.         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.

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
                Miscellaneous DMV Forms
Adobe Acrobat Reader
version 5 or later is required to view .pdf files    Free Download

Seizure of Vehicle License Plates - Compulsory Insurance  CRS 42-7-605

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

        Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a State of Colorado 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.

Hit and Run

DUI, DEAC or DWAI

DUR or DARP

        Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download
        DMV - State of Colorado 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
        Other DMV forms

        CSPD Accident Cold Report    due within 72 hours of accident  (large file - please be patient)
                Any person may obtain a hardcopy cold report from the CSPD Police Operations Center

 
 
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.

INDEPENDENT SERVICE PROVIDERS

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

COMPULSORY INSURANCE DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably not.

          Unless combined with other more serious charges, second 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

     

        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.

POTENTIAL FEE QUOTE
COMPULSORY INSURANCE TRAFFIC TICKET DEFENSE
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.  

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

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
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)
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
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

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
  *  REVOCATION  *  DENIAL
  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

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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FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE
CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED
COMPARE HOURLY - FLAT FEES 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

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 - Attempt to Prepare Defense of Own Traffic or Criminal Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case and if prospective client approves this attorney's fees and costs structure, attorney will likely accept 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 your case or defense before a contested court proceeding, 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 case.  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.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file 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 traffic or criminal case, 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 case or defense before a contested court proceeding, 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 traffic or criminal case.  I decline.

 
 
POST SENTENCING MATTERS
PROBATION REVOCATION  *  PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION  *  APPEALS

Post Sentencing.  I do not accept post sentencing matters in any criminal, DUI or traffic case unless I provided representation during the case in chief at the trial court level and am familiar with the facts, testimony and exhibits received into evidence, meritorious issues & rulings. That's been my policy for years.  Please do not call or inquire regarding post sentencing matters if you are not a former client. 

Alternatives
FIND A LAWYER

This includes plea to domestic violence or other criminal charge, DUI, DEAC or DWAI charge or other traffic charge and probation, deferred sentence, parole or incarceration or revocation proceedings based upon alleged failure to comply.

 

Exceptions.  If the underlying criminal case qualifies, refer to sealing criminal records.  I accept meritorious sealing cases regardless of whether or not you are a former client.  NOTICE: alcohol related traffic offenses, other traffic offenses or traffic infractions are a specifically excluded in the sealing statute and can not be sealed.  If relevant, I also accept meritorious collateral attack cases.

 
 
ATTORNEY TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS

Colorado is a big state.  Easy communication access via internet, email and toll free phone doesn't change that fact. Due to the limited nature of this issue, it is not economically justifiable for a client to pay travel time or expenses beyond adjacent counties.

Attorney has limited his trade area due to travel cost considerations.

 

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
COUNTIES CITIES / TOWNS

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.

El Paso County

Colorado Springs / Manitou Springs / Fountain

Douglas County

Castle Rock

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.
Elbert County Kiowa / Simla
Fremont County Canon City / Florence / Penrose
Lincoln County Hugo (county seat) / Limon
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

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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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