GUSTAFSON LAW OFFICE COLORADO SPRINGS COMPULSORY INSURANCE TRAFFIC DEFENSE
WELCOME	Phone (719) 260-1002	Fax (719) 260-1003
perhaps I will become your attorney Address  *  Maps  *  Directions	Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs Business Hours  *  Attorney Availability  *  Trade Area	Toll Free (800) 410-1002

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 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 Florence Municipal Court Municipal Court - Florence, Colorado Broomfield Municipal Court Municipal Court - Broomfield, Colorado Centennial Municipal Court Municipal Court - Centennial, Colorado Fountain Municipal Court Municipal Court - Fountain, Colorado Manitou Springs Municipal Court Municipal Court - Manitou Springs, Colorado Englewood Municipal Court Municipal Court - Englewood, Colorado Federal Heights Municipal Court Municipal Court - Federal Heights, Colorado Monument Municipal Court Municipal Court - Monument, Colorado Palmer Lake Municipal Court Municipal Court - Palmer Lake, Colorado Golden Municipal Court 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

COMPULSORY INSURANCE POTENTIAL DEFENSES

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

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   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) 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

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

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 Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount

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. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER

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. TRAVEL  RATES TRAVEL TIME  *  MILEAGE  *  EXPENSE   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 MUNICIPAL COURTS 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 FIND A LAWYER ALTERNATIVES Lincoln County Hugo (county seat) / Limon Pueblo County Pueblo Teller County Cripple Creek / Woodland Park

please feel free to call or email if you are a client or are seeking representation	Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount
FREE INITIAL CONSULTATION not an offer for free legal advice - refer to link for terms I am a sole practitioner with need to manage my caseload & reserve the right to decline any legal matter