GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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COLORADO SPRINGS HIT & RUN CRIMINAL DEFENSE |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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Hit & Run Defense - Colorado Springs - leaving the scene of an accident, failure to stop & render
aid
failure to report accident, duty upon striking unattended vehicle, paint scrapings analysis
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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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HIT & RUN DEFENSE
OFFENSES
& STATUTES
MISDEMEANOR TRAFFIC OFFENSE
OR FELONY |
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hit and run convictions each carry 12
points |
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1. Vehicle means any
device which is capable of moving itself, or of being moved, from place to place
upon wheels or endless tracks; but such term shall not include any farm tractor
or any implement of husbandry designed primarily or exclusively for use and used
in agricultural operations or any device moved by muscular power, or moved
exclusively over stationary rails or tracks, or designed to move primarily
through the air. Source: COLJI 37(10) - that's a jury instruction.
2. Motor Vehicle means any
self-propelled vehicle which is designed primarily for travel on the public
highways and which is generally and commonly used to transport persons and
property over the public highways, but the term does not include motorized
bicycles. For purposes of the offenses of vehicular homicide, driving under the
influence, driving while impaired, or reckless driving for farm tractors
operated on streets and highways, "motor vehicle" includes a farm
tractor which is not otherwise classified as a motor vehicle. Source COLJI
37(3)
3. Driver means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.
CRS 42-1-102(27)
4. Attorney Note.
Notice the verbiage distinction in laws. Most refer to vehicle; a few
references are made to motor vehicle. This is intentional and has
meaning.
Prosecutors are now charging "DUI
Bicycle" and could charge "Bicycle Hit & Run"
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CRS 42-4-1601. Accidents involving death or personal injuries -
duties.
Attorney Note - major offense for purposes of habitual offender finding
(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603(1). Every such stop shall be made without obstructing traffic more than is necessary.
(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603(1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603(2) and 42-4-1606.
(2) Any person who violates any provision of this section commits:
(a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 5 felony if the accident resulted in serious bodily injury to
any person;
(c) A class 4 felony if the accident resulted in the death of any person.
(3) The department shall revoke the driver's license of the person so convicted.
(4) As used in this section and sections 42-4-1603 and 42-4-1606:
(a) "Injury" means physical pain, illness, or any impairment of physical or mental condition.
(b) "Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Refer to
Sentencing
page for more information.
Refer to
Nuisance Abatement
page regarding
forfeiture of
vehicle. CRS 42-4-1602. Accident involving damage -
duty.
(1) The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person
shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who
violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense.
(2) When an accident occurs on the traveled portion, median, or ramp of
a divided highway and each vehicle involved can be safely driven, each driver
shall move such driver's vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603.
Refer to
Sentencing
page for more information.
CRS 42-4-1603. Duty to give
notice, information, and
aid. aka failure to stop & render aid
(1) The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, the driver's address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person.
(2) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver's part to be performed, shall immediately report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1606 and submit thereto the information specified in subsection (1) of this section.
Refer to
Sentencing
page for more information.
Refer to
Nuisance Abatement
page regarding
forfeiture of
vehicle.
CRS 42-4-1604. Duty upon striking unattended vehicle or other
property.
The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver's name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section
shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
Refer to
Sentencing
page for more information.
CRS 42-4-1605. Duty upon striking highway fixtures or traffic control
devices.
CRS 42-4-1606. Duty to report
accidents. aka failure to report accident
(1) The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any
property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603(1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603(2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat.
(2) Repealed.
(3) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.
(4) (a) (I) It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of
the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, "inflatable restraint system" has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b).
(II) Repealed.
(b) The law enforcement officer shall not be required to complete an investigation or file an accident report:
(I) In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or
(II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person.
(5) The person in charge at any garage or repair shop to which is
brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the
name and address of the owner and operator of such vehicle together with any
other discernible information.
(6) Any person who violates any provision of this section commits a
class 2 misdemeanor traffic offense.
Refer to
Sentencing
page for more information.
Refer to
Nuisance Abatement
page regarding
forfeiture of
vehicle.
CRS 42-4-1607. When driver unable to give notice or make written
report.
(1) Whenever the driver of a vehicle is physically incapable of giving
an immediate notice of an accident as required in section 42-4-1606(1) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
(2) Repealed.
(3) Any person who violates any provision of this section commits a
class 2 misdemeanor traffic offense.
Refer to
Sentencing
page for more information.
CRS 42-4-1608. Accident report
forms.
(1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this article, which reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the contributing circumstances, the conditions then existing, and the persons and vehicles involved.
(2) Every required
accident
report shall be made on a form approved by the department, where such form is available.
42-4-1609.
Coroners to Report.
Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the department
the death of any person within such official's jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident.
42-4-1610. Reports by interested parties
confidential.
All accident reports and supplemental reports required by law to be made by any driver, owner, or person involved in any accident shall be without prejudice to the individual so reporting and shall be for the confidential use of the department; except that the department 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. Except as provided in section 42-7-504(2), no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except that the department shall furnish, upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department. This section shall not be construed to mean that reports of investigation or other reports made by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be public records and shall be subject to the provisions of section 42-1-206.
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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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HIT & RUN
DEFENSE |
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POTENTIAL
DEFENSES
hit and run convictions each carry 12
points |
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it appeared to be a clean getaway,
but ....
drats - thwarted by sophisticated law enforcement
technology & personnel |
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Defendant's Vehicle Not Involved
in Accident
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Damage and transfer paint
The suspect's vehicle may
have damage and transfer paint on it the same color as that of the
victim's vehicle or other damaged object. That damage:
a.) may have occurred in the
alleged hit and run accident,
b.) may have been
pre-existing damage with similar color transfer paint
The victim's vehicle may
have sustained damage and transfer paint from the vehicle which struck
it. That transfer paint may appear to be the same as on the defendant's
vehicle and:
a.) may be from the
suspect's / defendant's vehicle
b.) may be from a third
person's vehicle
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"Red paint is not red
paint"
Paint scrapings may be
procured from both the defendant's vehicle and the victim's vehicle or
other damaged item.
Even paint batches of the
same color applied by the same vehicle manufacturer will have slightly
different chemical composition.
Paint scrapings analysis -
infrared spectroscopy and scanning electron microscopy with x-ray emission of
the paints will reveal chemical composition and can prove whether or not
the transfer and original paints are from the same batch. Simply
put - the red transfer paint on your white vehicle didn't come from this
red vehicle belonging to defendant - exculpatory proof.
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Dust off your check book - time
to pay an
investigator to procure the paint samples and preserve chain of
custody, and to pay the
laboratory for for testing of paint
scrapings by infrared spectroscopy and scanning electron microscopy with
x-ray emission. Refer to
laboratory costs - it's quite
expensive. A series of tests are performed by the lab in search of
exclusion. As more tests are required to exclude,
laboratory fees and costs increase.
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Defendant Not Driving
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The State must prove beyond a
reasonable doubt that the defendant was the person driving a vehicle
involved in the alleged accident.
It is common for a eyewitness to
record the license number of the vehicle leaving the scene, however not
recall any particulars regarding the driver - including but not limited to
sex, age, race or physical appearance.
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Law enforcement officers are not
required to offer Miranda warnings unless an interrogation
(questioning) takes place in a custodial setting. They therefore
frequently attempt to ask questions regarding ownership and usage of the
vehicle, perhaps by phone when the suspect is caught totally unaware.
Arrest by phone is a tough argument for defense counsel regarding custodial
setting. Police may then include a request for an in person interview
at the station, with an invitation to come arrest and book through the jail
house if the suspect's cooperation is not forthcoming.
This attorney recommends the
suspect exercise his / her rights to silence and the presence of
counsel.
If the officer intends to
arrest, the defendant can make prior arrangements with a bail bondsman
to reduce the amount of time from initial booking to release.
Refer to the Bail Bond
page.
Arrest without sufficient
evidence to convict is preferable to admissions which may ultimately
lead to conviction.
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Law enforcement officers can
obtain a court order to produce the vehicle, however they frequently
intimidate the owner by threatening to use
production and damage assessment.
This attorney recommends
production of the vehicle at counsel's office or a private
investigator's office.
Defendant client is not
available to the law enforcement officer for questioning, only the vehicle for
inspection
Intimidation and admissions
can not occur if the vehicle owner / client is not present
This attorney has seen law
enforcement officers photograph a client's vehicle and take
measurements, however in 29+ years of traffic practice, I have never seen
the State procure paint scrapings and conduct electrophoresis testing
regarding a hit and run charge.
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The defendant may have an alibi
- other location at the time of the alleged incident.
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Burden of Proof. The
state must prove each and every element of the offense charged beyond a
reasonable doubt. If a factual defense exists such as wrong transfer paint
or someone else driving, it's a good idea to preserve and present the evidence
necessary to convince a jury of your claims. You may even convince the
prosecutor that the state's case is so weak, they drop charges before trial.
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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?
HIT & RUN DEFENSE |
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Do I need an attorney?
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Probably time to loosen the pocket book and
hire a
defense attorney.
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You may retain my
services or the services of another attorney, but hire defense counsel. And - do it now - BEFORE you speak to law
enforcement officers. If you've already made statements, counsel
will deal with the facts and circumstances as they exist when retained,
but don't create additional defense difficulties. |
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If convicted of any hit and run offense, you could anticipate policy termination or significant increase in
your insurance premiums - probably over a period of 3 - 5 years.
Contact your insurance company underwriters to learn more of the
potential consequences. |
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ATTORNEY'S FEES
AND COSTS
HIT & RUN 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
HIT & RUN
TICKET DEFENSE |
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SETTLEMENT
FLAT FEE
would be deducted from trial
flat fee
*property damage - no personal
injury
and
no paint testing by laboratory |
$1,250*
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TRIAL
FLAT FEE
settlement fee would be
deducted
*property damage - no personal
injury
and
no paint testing by laboratory |
$3,500*
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I generally offer hourly fees or a settlement flat fee. Most
hit & run
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.
Notice:
Nuisance Abatement
and forfeiture of
vehicle would be subject to an
independent
fee quote. |
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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Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS
DEPOSIT |
$
1,250
$
275 |
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settlement
common
trust
deposit request
including attorney's fees & litigation
costs - excluding travel
excluding private
investigator or laboratory paint testing
*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
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Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS
DEPOSIT |
$
3,500
$
525 |
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trial
common
trust
deposit request
including attorney's fees & litigation
costs - excluding travel
excluding private investigator
or laboratory paint testing
*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 |
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hit
& run ticket defense
*
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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Paint Scrapings Testing & Testimony |
1,000
- 4,000
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Laboratory
- paint scrapings testing
infrared spectroscopy and scanning electron
microscopy with x-ray emission |
3,000
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Laboratory
- Toxicologist testimony hourly fees and travel mileage - if
expert testimony relevant - rates as of 5/24/05
misdemeanor hourly rate $350 - 5 hours
travel time + minimum 1.5 hours court time |
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Other Potential Expenses |
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Price |
Client Background Search |
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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) |
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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 |
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$3 per page |
Transcriptionist - law
enforcement 911 / dispatch audio files & investigator interview audio
recordings if relevant |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside El Paso County |
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depending upon the facts, it may be prudent to retain an accident reconstruction expert |
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Alcohol or Substance Testing & Testimony
if Relevant |
| 160.00 |
Toxicology - BAC Ethanol
(alcohol) only |
| 210.00 |
Toxicology
- BAC Ethanol
(alcohol) + NaFl (preservative) |
consult counsel or
lab
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Toxicology - UA
qualitative or
quantitative toxicology screen for marijuana, substance quantitative
toxicology screen for marijuana or
qualitative and quantitative drug screen |
3,000
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Laboratory
- Toxicologist testimony hourly fees and travel mileage - if
expert testimony relevant - rates as of 5/24/05
misdemeanor hourly rate $350 - 5 hours
travel time + minimum 1.5 hours court time |
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Laboratory
testing of transfer paint scrapings is expensive, but will determine whether
the paint was in fact transferred between defendant's vehicle and the
vehicle alleged to have been hit. It is not uncommon for a person to
have a minor fender bender and be fearful of the spouse's wrath or insurance
consequences. Picking out a vehicle of similar color to the transfer
paint is a convenient excuse. That's where the lab cost rub comes into
play. Likewise an investigator is expensive, but can make the
difference in developing weaknesses in the state's case. Absent
alcohol, the lab or private investigator expense, all that remains are a few
records, a background search, some 35mm film, and maybe an 8mm video tape
unless the case goes to trial. Your potential consequences, your
pocketbook, your call.
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Given allegations of hit & run,
it would be prudent to place law enforcement 911 *
dispatch tapes and records, plus other
law enforcement
records under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records. |
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
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pricing |
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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
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REVOCATION
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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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hit and run, hit and run defense, leaving the scene of an accident, failure to stop & render aid, failure to report accident, duty striking unattended vehicle, paint scrapings analysis,
ticket, traffic ticket, Colorado Springs, El Paso County, Colorado, lawyer,
attorney |
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Website Copyright © 2003 -
All Rights Reserved - Document Revised
August 17, 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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