Red Light - Stop Sign
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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
COLORADO SPRINGS DEFENSE * RED LIGHT * STOP SIGN * SCHOOL BUS STOP

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Phone (719) 260-1002
Fax (719) 260-1003  **  Toll Free (800) 410-1002
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COLORADO SPRINGS DEFENSE - FAILURE TO STOP
RED LIGHT  **  STOP LIGHT  **  STOP SIGN  **  SCHOOL BUS STOP

ATTORNEY HOMEPAGE

Colorado Springs Criminal Defense Lawyer and Traffic Defense Lawyer
Attorney Trial Practice 30+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

representation inquiries are invited & most welcome ** questions from public seeking free advice or information declined ** first consultation terms
attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
 

WEBPAGE INDEX

 

RED LIGHT - STOP LIGHT - STOP SIGN
County Court - State
270 South Tejon Street, CSC
Municipal Court - City
224 East Kiowa Street, CSC
SCHOOL BUS - STOP VIOLATION
County Court - State
270 South Tejon Street, CSC
Municipal Court - City
224 East Kiowa Street, CSC
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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
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attorney does not accept criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes probation revocation, deferred sentence revocation, parole violation or appeal  **  eligible collateral attack cases accepted
 

BASIC INFORMATION
please refer to the below links for basic information regarding defense of criminal & traffic cases

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CRS 42-4-604. Traffic control signal legend
  
       
(1) If traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination as declared in the traffic control manual adopted by the department of transportation, only the colors green, yellow, and red shall be used, except for special pedestrian-control signals carrying a word or symbol legend as provided in section 42-4-802, and said lights, arrows, and combinations thereof shall indicate and apply to drivers of vehicles and pedestrians as follows:
            (a) Green indication:
                    (I) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits such turn; but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection and to pedestrians lawfully within an adjacent crosswalk at the time such signal is exhibited. 
                    (II) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow or such other movement as
is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. 
                    (III) Unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
            (b) Steady yellow indication:
                    (I) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.
                    (II) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.
            (c) Steady red indication:
                    (I) Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown; except that:
                            (A) Such vehicular traffic, after coming to a stop and yielding the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection, may make a right turn, unless state or local road authorities within their respective jurisdictions have by ordinance or resolution prohibited any such right turn and have erected an official sign at each intersection where such right turn is prohibited;
                            (B) Such vehicular traffic, when proceeding on a one-way street and after coming to a stop, may make a left turn onto a one-way street upon which traffic is moving to the left of the driver. Such turn shall be made only after yielding the right-of-way to pedestrians and other traffic proceeding as directed. No turn shall be made pursuant to this sub-subparagraph (B) if local authorities have by ordinance prohibited any such left turn and erected a sign giving notice of any such prohibition at each intersection where such left turn is prohibited.
                            (C) To promote uniformity in traffic regulation throughout the state and to protect the public peace, health, and safety, the general assembly declares that no local authority shall have any discretion other than is expressly provided in this subparagraph (I).
                    (II) Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802.
                    (III) Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown.
                    (IV) Pedestrians facing a steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 42-4-802.
            (d) Nonintersection signal: In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.
            (e) Lane-use-control signals: Whenever lane-use-control signals are placed over the individual lanes of a street or highway, as declared in the traffic control manual adopted by the department of transportation, such signals shall indicate and apply to drivers of vehicles as follows:
                    (I) Downward-pointing green arrow (steady): A driver facing such signal may drive in any lane over which said green arrow signal is located.
                    (II) Yellow "X" (steady): A driver facing such signal is warned that the related green arrow movement is being terminated and shall vacate in a safe manner the lane over which said steady yellow signal is located to avoid if possible occupying that lane when the steady red "X" signal is exhibited. 
                    (III) Yellow "X" (flashing): A driver facing such signal may use the lane over which said flashing yellow signal is located for the purpose of making a left turn or a passing maneuver, using proper caution, but for no other purpose.
                    (IV) Red "X" (steady): A driver facing such signal shall not drive in any lane over which said red signal is exhibited.
        (2) Any person who violates any provision of this section commits a class A traffic infraction.

 
State Court Possible Penalties Adult Minor
Jail 0 - Civil Infraction 0 - Civil Infraction
Fine $15 - $100 $15 - $100
Points against Colorado Driving Privileges 4 Points 4 Points
 
Failure to stop is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
Failure to stop is not a DARP Aggravator criminal court sentencing

 

10.17.105: TRAFFIC-CONTROL SIGNAL LEGEND
 

       
Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored arrows successively one at a time or in combination, only the colors green, yellow and red shall be used, except for special pedestrian-control signals carrying a word legend as provided in section 10.17.108 of this article. The lights, arrows and combinations thereof shall indicate and apply to drivers of vehicles and pedestrians as follows:
            A. Green Indication:
                    1. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at the place prohibits either turn; but vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
                    2. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication may cautiously enter the intersection only to make the movement indicated by the arrow or other movement as is permitted by other indications shown at the same time. The vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
                    3. Unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
            B. Steady Yellow Indication:
                    1. Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the related green movement is being terminated, or that a red indication will be exhibited immediately thereafter.
                    2. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article, are advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.
            C. Steady Red Indication:
                    1. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown. Vehicles turning to the right or left may proceed after stopping under the following circumstances:
                            a. Right Turns: A right turn may be made on a red light where not prohibited by an official sign or other official traffic-control device and only if the vehicle first comes to a stop, yields the right of way to pedestrians lawfully within an adjacent crosswalk, and yields the right of way to any other traffic lawfully using the intersection. It is otherwise unlawful to turn right on a steady circular red signal.
                            b. Left Turns: A left turn may be made on a red light when not prohibited by an official sign or other official traffic-control device and only if the vehicle first comes to a stop, is on a one-way street and is turning onto a one-way street where traffic is proceeding to the vehicle's left, and only after yielding the right of way to all pedestrians and other traffic. It is otherwise unlawful to turn left on a steady circular red signal.
                    2. Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article.
                    3. Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but if none, before entering the crosswalk on the near side of the intersection or if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by the arrow is shown.
                    4. Pedestrians facing a steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article.
            D. Nonintersection Signal:
                    1. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.
                    2. Any stop required at a nonintersection signal shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any sign or marking, the stop shall be in advance of the crosswalk or crossing area. (1968 Code 6-17-5; Ord. 75-86; Ord. 77-69; Ord. 01-42) 

 
Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $100 min - $500 $100 min - $500
Points against Colorado Driving Privileges 4 Points 4 Points
 

Failure to stop is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
Failure to stop is not a DARP Aggravator criminal court sentencing

 

1.1.201: GENERAL PENALTY 1
        A.  Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.
        B.  Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment in jail for a period not exceeding ninety (90) days, by a sentence of probation, or by a combination of fine and/or imprisonment and/or a sentence of probation, unless otherwise provided. The Municipal Court shall designate fines which may be made payable at the Violations Bureau. The minimum fine shall be as follows for the following offenses:
                1. Section 10.17.105 entitled, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars
($150.00).
                2. Section 10.3.101 entitled, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars
($150.00).
                3. Chapter 10, "Motor Vehicles And Traffic", Article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00).
        C.  A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.
        D.  The provisions of this section shall not be applicable to violations of the City's Zoning Code and sections 9.6.606 through 9.6.615 of this Code.
        E.  Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated. (Ord. 4747; 1968 Code 15-1; 1980 Code; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177) 

 

CRS 42-4-1903. School buses stops signs passing
 
        (1)(a) The driver of a vehicle upon any highway, road, or street, upon meeting or overtaking from either direction any school bus which has stopped, shall stop the vehicle before reaching such school bus if there are in operation on said school bus visual signal lights as specified in subsection (2) of this section, and said driver shall not proceed until the visual signal lights are no longer being actuated; but, in the case of small passenger-type vehicles operated as school buses having a seating capacity of not more than fifteen, no such visual signal lights need be displayed or actuated.
            (b) (I) A driver of any school bus who observes a violation of paragraph (a) of this subsection (1) shall notify the driver's school district transportation dispatcher. The school bus driver shall provide the school district transportation dispatcher with the color, basic description, and license plate number of the vehicle involved in the violation, information pertaining to the identity of the alleged violator, and the time and the approximate location at which the violation occurred. Any school district transportation dispatcher who has received information by a school bus driver concerning a violation of paragraph (a) of this subsection (1) shall provide such information to the appropriate law enforcement agency or agencies.

(II) A law enforcement agency may issue a citation on the basis of the information supplied to it pursuant to subparagraph (I) of this paragraph (b) to the driver of the vehicle involved in the violation.

(2)(a) Every school bus as defined in section 42-1-102(88), other than a small passenger-type vehicle having a seating capacity of not more than fifteen, used for the transportation of schoolchildren shall:

(I) Bear upon the front and rear of such school bus plainly visible and legible signs containing the words "SCHOOL BUS" in letters not less than eight inches in height; and

(II) Display eight visual signal lights, which shall be two alternating flashing red lights visible to the drivers of vehicles approaching from the front of said bus, two alternating flashing red lights visible to the drivers of vehicles approaching from the rear of said bus, and four visual signal lights which shall be yellow signal lights mounted near each of the four red lights and at the same level but closer to the vertical center line of the bus and which shall be alternately flashing with two visible to
the front and two visible to the rear. These visual signal lights shall be mounted as high as practicable, shall be as widely spaced laterally as practicable, and shall be located on the same level. These lights shall have sufficient intensity to be visible at five hundred feet in normal sunlight.

(b) (I) The red visual signal lights shall be actuated by the driver of the school bus whenever the school bus is stopped for the purpose of receiving or discharging schoolchildren, is stopped because it is behind another school bus that is receiving or discharging passengers, or, except as provided in subsection (4) of this section, is stopped because it has met a school bus traveling in a different direction that is receiving or discharging passengers and at no other time; but such lights need not be actuated when a school bus is stopped at locations where the local traffic regulatory authority has by prior written designation declared such actuation unnecessary.

(II) A school bus shall be exempt from the provisions of subparagraph (I) of this paragraph (b) when stopped for the purpose of discharging or loading passengers who require the assistance of a lift device only when no passenger is required to cross the roadway. Such buses shall stop as far to the right off the roadway as possible to reduce obstruction to traffic.

(c) The alternating flashing yellow lights shall be actuated at least two hundred feet prior to the point where the bus is to be stopped for the purpose of receiving or discharging schoolchildren, and the red lights shall be actuated only at the time the bus is actually stopped.

(3) Every school bus used for the transportation of schoolchildren, except those small passenger-type vehicles described in subsection (1) of this section, shall be equipped with a stop signal arm mounted outside the bus on the left alongside the driver and below the window. The stop signal arm shall be a flat octagon with the word "STOP" printed on both sides in such a manner as to be easily visible to persons approaching from either direction. The stop signal arm shall contain two alternately flashing red lamps which are connected to the alternating flashing signal light system described in subsection (2) of this section, and the stop signal arm shall be extended only when the red visual signal lights are in operation.

(4) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section, "highway with separate roadways" means a highway that is divided into two or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island.

(5) Every school bus shall stop as far to the right of the roadway as possible before discharging or loading passengers; except that the school bus may block the lane of traffic when a passenger being received or discharged is required to cross the roadway. When possible, a school bus shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus that has stopped shall allow time for any vehicles that have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic.

(6)(a) Except as provided in paragraph (b) of this subsection (6), any person who violates any provision of paragraph (a) of subsection (1) of this section commits a class 2 misdemeanor traffic offense.

(b) Any person who violates the provisions of paragraph (a) of subsection (1) of this section commits a class 1 misdemeanor traffic offense if such person has been convicted within the previous five years of a violation of paragraph (a) of subsection (1) of this section.

(7) The provisions of this section shall not apply in the case of public transportation programs for pupil transportation under section 22-51-104 (1)(c), C.R.S.

 
FIRST OFFENSE State Court Possible Penalties Adult Minor
Jail 10 days - 90 days 10 days - 90 days
Fine $10 - $300 $10 - $300
Points against Colorado Driving Privileges 6 Points 6 Points
 
SECOND OFFENSE  State Court Possible Penalties Adult Minor
Jail 10 days - 1 year 10 days - 1 year
Fine $100 - $1,000 $100 - $1,000
Points against Colorado Driving Privileges 6 Points 6 Points
 
Failure to stop for a school bus is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
Failure to stop is not a DARP Aggravator criminal court sentencing

 

10.4.107: STOP FOR SCHOOL BUSES
 

       
A. The driver of a vehicle on any street or highway, upon meeting or overtaking from either direction any school bus which is stopped, shall stop the vehicle before reaching the bus if there is in operation on the school bus visual signal lights as specified in section 10.22.202 of this chapter, and the driver shall not proceed until the visual flashing lights are no longer being actuated.
        B. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section, "Highway With Separate Roadways" means a highway that is divided into two (2) or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island.
        C. The driver of any school bus shall stop as far as possible to the right of the street or highway before discharging or loading passengers and shall not stop at any place where the visibility is obscured for a distance of two hundred feet (200') in either direction. (1968 Code 6-4-7; Ord. 75-86; Ord. 88-151; Ord. 01-42) 

 

10.22.202: SCHOOL BUS LIGHTS AND MARKINGS
 
        A. Every school bus, other than a small passenger-type vehicle having a seating capacity of not more than nine (9), used primarily for the transportation of school children, shall bear upon the vehicle's front and rear plainly visible and legible signs containing the words "School Bus" in letters not less than eight inches (8") in height, and shall display four (4) visual signal lights which shall be two (2) alternating flashing red lights visible to the drivers of vehicles approaching from the front of the bus and two (2) alternating flashing red lights visible to the drivers of vehicles approaching from the rear of the bus. Every school bus may also display four (4) additional visual signal lights, which shall be yellow signal lights mounted near each of the four (4) red lights and at the same level but closer to the vertical center line of the bus and which shall be alternately flashing with two (2) visible to the front and two (2) visible to the rear as high as practicable, shall be located on the same level. All lights shall have sufficient intensity to be visible at five hundred feet (500') in normal sunlight.
        B. When a school bus is equipped only with red visual signal lights, the red lights must be actuated by the driver of the school bus whenever the bus is stopped to receive or discharge school children and at no other time. Red lights need not be actuated when a school bus is stopped at other locations except where the City Traffic Engineer has, by prior written designation, declared actuation unnecessary.    
        C. When a school bus is equipped with alternating flashing yellow lights in addition to the red lights, and when the use of a signal light system is required, the yellow lights shall be actuated at least two hundred feet (200') prior to the point at which the bus will be stopped for the purpose of receiving or discharging school children, and the red lights shall be actuated only at the time the bus is actually stopped. All school buses required to be equipped shall be equipped with visual signal light systems as provided in this section.
        D. In the case of small passenger-type vehicles operated as school buses having a seating capacity of not more than nine (9), no visual signal lights need be displayed or actuated.
        E. Every school bus used for the transportation of school children, except those small passenger-type vehicles described in subsection D of this section shall be equipped with a stop signal arm mounted outside the bus on the left, alongside the driver and below the window. The stop signal arm shall be a flat octagon with the word "Stop" printed on both sides in a manner as to be easily visible to persons approaching from either direction. The stop signal arm shall contain two (2) alternately flashing red lamps which are connected to the alternating flashing light system described in subsection A of this section. The stop signal arm shall be extended only when the red visual lights are in operation. (Ord. 98-248; Ord. 01-42) 

 
Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $100 min - $500 $100 min - $500
Points against Colorado Driving Privileges 6 Points 6 Points
 

Failure to stop for a school bus is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
Failure to stop is not a DARP Aggravator criminal court sentencing

 

1.1.201: GENERAL PENALTY 1
        A.  Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.
        B.  Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment in jail for a period not exceeding ninety (90) days, by a sentence of probation, or by a combination of fine and/or imprisonment and/or a sentence of probation, unless otherwise provided. The Municipal Court shall designate fines which may be made payable at the Violations Bureau. The minimum fine shall be as follows for the following offenses:
                1. Section 10.17.105 entitled, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars
($150.00).
                2. Section 10.3.101 entitled, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars
($150.00).
                3. Chapter 10, "Motor Vehicles And Traffic", Article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00).
        C.  A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.
        D.  The provisions of this section shall not be applicable to violations of the City's Zoning Code and sections 9.6.606 through 9.6.615 of this Code.
        E.  Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated. (Ord. 4747; 1968 Code 15-1; 1980 Code; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177) 

Robert D. Gustafson
Attorney At Law
Colorado Springs, Colorado

Phone (719) 260-1002

Fax (719) 260-1003

Toll Free (800) 410-1002

Surrounding Area
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RED STOP SIGN * RED LIGHT * SCHOOL BUS DEFENSE

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        NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If charges are filed in this court, counsel must prepare for trial; trial fees and costs would be quoted.

        Municipal courts do not have the availability of e-Filing as do state district courts, however some of the local area smaller municipal courts have now come into the 21st century by accepting pleadings and filings via email and payment of fines and costs via bank on-line bill pay.  Depending upon court policy regarding entry of plea via email and e-payment subsequent to negotiation without the necessity of physical appearance, travel time & mileage may possibly be avoided.  Not all courts permit this.

 
  1. Jurisdictional attack  - refer to link for information DUI case
            Attack the jurisdiction (power) of the court in the pending criminal case
            Jurisdictional attack may be an important concept in defense of any given eluding case

  2. Lack of reasonable suspicion for initial attempted contact by the law enforcement officer

  3. Lack of probable cause for warrantless arrest or seizure of the defendant's person

  4. Color of authority - peace officer acting within course & scope of his or her employment.  

  5. Unlawful extra-jurisdictional arrest

  6. Defendant's admissions the result of undue influence, duress and coercion - due process violation

  7. Defendant's admissions taken in violation of
            5th Amendment privilege against self incrimination
            6th Amendment right to legal counsel

  8. Alleged offense did not occur on public roadway or highway? - yes, the defense works in red light & stop sign cases

  9. Driving
            A third person, not defendant, was driving a motor vehicle

  10. Officer observations - what didn't he observe which a jury member might expect?  What was the officer's opportunity to observe? - lighting, time spent at intersection, angle from which officer could observe stop light, other traffic distraction, radio calls distraction, temperature, etc.  

  11. Officer observations cross examination.  Officer's estimate of defendant's distance from or into intersection when light changed, estimate of defendant's speed, estimate of time light red before defendant's entrance into intersection, whether stop bar - stop line or curbing.  This permits conversion of officer's speed, time and distance estimates into velocity.  Chances are good that the officer's observations will not mathematically be in the ballpark - impeachment of his or her testimony & observations.
    VELOCITY AND SPEED
    CONVERSION - SPEED TO VELOCITY CONVERSION - VELOCITY TO SPEED

  12. Rocking motion of defendant's vehicle indicating cessation of forward movement - right turn on red & stop sign.

  13. Officer credibility.  Experience with traffic enforcement and training, over concern with conviction statistics, a cop's cop or an average Joe doing a job, would the jury members want this particular officer stopping him / her?  Has the officer overstated his / her observations in relation to the driving behavior?  How well was the stop and investigation conducted?

  14. Red light, stop light, stop sign, school bus stop are a factual determinations based upon the circumstances of the case.  The case may turn upon factual argument - defendant's conduct & driving pattern and officer conduct or opportunity to observe.

  15. Reasonable doubt - state proof beyond a reasonable doubt

  16. Cloak of innocence and burden of proof upon state - beyond a reasonable doubt.  A defendant is not required to prove innocence - the state must prove guilt.

AUTOMATED TRAFFIC ENFORCEMENT - TRAFFIC CAMERAS
relevant links

Local Traffic Cams Automated Traffic Enforcement Traffic Cam Information Colorado Statute DMV Point Structure Traffic Defense

DMV Hearing
Defense
DMV Appeal
statute of limitations

Driving in Colorado is a constitutionally protected privilege, but nevertheless a privilege which may be lost.  Multiple statutes can cause loss of driving privileges for different driver behavior.  Drivers are entitled to a DMV hearing.  In some circumstances the right to hearing precedes potential DMV adverse action; under other Colorado traffic laws the adverse order is entered, then the driver is provided notice of the adverse action and right to request subsequent hearing.  If hearing has been held or a DMV final order has otherwise entered and the Colorado driver's license or Colorado driving privileges have been suspended, revoked or denied, the driver's remaining recourse is appeal to the District Court.  DMV appeal is subject to a statute of limitations.  Right to appeal may be lost if the driver delays.  Upon final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for information.

DMV Addresses and Links Driving Abstracts and Records DMV Point Structure On-Line Colorado Driving Records
Driver License & Hearing Defense DMV Appeal Legal Research Selected Statutes & Regs "Red" License & Interlock Devices
Insurance Actions SR-22 Insurance Habitual Traffic Offender Interstate Compact Accident Reports & DMV Forms
 
State of Colorado accident report obsolete 8/4/04 * police now verify insurance at the accident scene
refer to above link for information, forms, state on-line accident report and CSPD Cold Report
 

        Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a Colorado State Accident Report must be submitted to the DMV within 10 days of an accident. CRS 42-4-1609 Also by statute, statements by a driver in the accident report may not be used in conjunction with any court proceedings, criminal or civil, except that the DMV may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. CRS 42-4-1610, CRS 42-7-504.  The primary purpose of filing the accident report is to comply with state law, and to provide evidence of insurance on the vehicle - thereby avoiding an FRA suspension.- refer to link for information.  If any of the below charges are alleged, a driver should consult with his or her defense attorney regarding exercise of constitutional privileges before making any oral or written statement.

 

Drunk Driving - DUI * DEAC * DWAI

Hit and Run

Driving under Restraint or Driving After Revocation Prohibited

Adobe Acrobat Reader version 5 or later is required to view Colorado DMV forms & CSPD cold report .pdf files    Free Download
Colorado State Accident Report on-line Colorado State Accident Report hardcopy Evidence of Insurance
FRA - Waiver of Security - Financial Responsibility FRA - Release from Liability Affidavit of Financial Responsibility
Affidavit - Out of State Residency - FRA SR-22 Avoidance         Promissory Note Contract Other DMV forms
CSPD Accident Cold Report    due within 72 hours of accident
obtain hardcopy cold report from CSPD Police Operations Center
State of Colorado On-Line Accident Report
accident report obsolete 8/4/04 unless no officer accident report
 

INDEPENDENT SERVICE PROVIDERS
private investigators * process service * laboratories * transcription
refer to attorney-client privilege and attorney work product doctrine

ADVICE BY LAYMEN
forewarned is forearmed
advice by unsupervised paralegals & street corner lawyers

TRAFFIC DEFENSE

DUI - DWAI - DEAC  *  Driving Under Restraint  *  No Operator's License  *  Speeding DMV DEFENSE DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Hit & Run  *  Compulsory Insurance License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *    *  Weaving - Roadways Laned for Traffic Habitual Offender  *  Interstate Compact
Minor - Alcohol Red Light - Stop Sign  *  Traffic Definitions  *  Traffic Infraction vs. Crime  *  Traffic Cams Insurance SR-22 Interlock  Driving Records
 

TRAFFIC DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably not.

 

RED LIGHT OR STOP SIGN
 
 

 
 
 

Unless combined with more serious DUI, DEAC or DWAI, or the driving under restraint charges of DUS, DUR or DARP or the charges grouped as hit and run or unless points will cause license loss or insurance premiums will skyrocket, I generally suggest drivers not retain counsel for a red light, stop sign or school bus stop violation ticket.  Colorado Springs has enacted a $150 minimum fine for red light or stop sign charges, and negotiated cases carry fine based upon offense initially alleged.  "Sin Tax" to fill the city coffers, so it can get a little expensive, but retaining counsel is usually not economically justifiable.  Talking to a prosecutor or listening to a plea offer is worthwhile before you spend the money on defense counsel.  Caveat - don't make admissions in the process of your negotiations - your statements can be used for impeachment if the case proceeds to trial.

   
  *     *     *     *     *     *     *     *
   

Do I need an attorney?

Given the threat to school age children, it's probably time to loosen the pocket book and hire a defense attorney.

 

SCHOOL BUS STOP
 

You may retain my services or the services of another attorney, but the recommendation is to hire counsel.
WARNING: minor or provisional driver school bus may create point problem

 

If convicted of any red light, stop sign or school bus stop failure, you could anticipate increase in your insurance premiums - probably over a period of 3 - 5 years.
Contact your insurance company underwriters to learn more of the potential consequence before you speak to prosecutors or decide whether or not to hire an attorney.

 
 

ATTORNEY'S FEES AND COSTS
STOP LIGHT  **  STOP SIGN  **  SCHOOL BUS STOP
Colorado Traffic Defense and Criminal Defense Trial Practice 30+ Years

TRAFFIC CRIMINAL CHARGE

DMV LICENSE HEARING

 
 

At the time of the first visit, a prospective client will be given a quote for fees and estimated costs. The quote will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Fee quote and costs trust deposit is dependent upon the facts and circumstances of each individual case.  Attorney fee options + litigation costs: 1) hourly attorney fees only  2) settlement flat fee with trailing trial flat fee  3) trial flat fee only  4) hourly fees or flat fee at client's discretion.  Attorney determines options to be offered.  Litigation costs are not included in fees - client's obligation.  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.  Refer to:  a) first consultation  b) attorney fees * costs * billings page  c) additional information.

 
POTENTIAL FEE QUOTE
STOP LIGHT  **  STOP SIGN  **  SCHOOL BUS STOP
 
 
 
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 
SETTLEMENT ATTORNEY FLAT FEE $750
most stop light / stop sign cases plea bargain and do not proceed to trial
TRIAL ATTORNEY FLAT FEE $2,750
settlement fee previously paid would be deducted  
 

hourly fees may be less than offered flat fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client --- payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage - refunded at case conclusion   **   undercapitalization - immediate trust deposit required
CLIENT'S INITIAL ELECTION RE FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL

 

 

attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted

 

STOP LIGHT  **  STOP SIGN  **  SCHOOL BUS STOP
SETTLEMENT - PLEA NEGOTIATION RESOLUTION
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 

$ 750  
$ 100  
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel

$850*

 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate

 
 
STOP LIGHT  **  STOP SIGN  **  SCHOOL BUS STOP
TRIAL OR CONTESTED PROCEEDINGS
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 

$ 2,750  
$ 500  
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel
settlement attorney fees paid would be deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds & anticipated litigation expenses solidify

$3,250*

 
 
 
 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate
use of professional services or expert witnesses will significantly effect litigation cost expenditure - client's responsibility

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
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 or City Attorney discovery packet - estimate (actual may be more or less)
25.00   State court jury deposit - C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal)
25.00   Municipal court jury deposit
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)
Varies   Traffic Safety Class
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
1,000.00   Private Investigator initial retainer - if relevant - variable based upon case complexity and number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
$3 per page   Transcriptionist - law enforcement 911 / dispatch audio files & investigator interview audio recordings if relevant
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside El Paso County
    depending upon the facts if an accident was involved, it may be prudent to retain an accident reconstruction expert

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

 
 
****************************** ****************************** ******************************
 
 
 
POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION  **  REVOCATION  **  DENIAL
 
 
 
     map * travel policy - time & expenses * travel rates   click jitney for travel tables
outside El Paso County
     
 
Colorado Springs Attorney Robert D. Gustafson
common quote - limited flat fee
$750
 
not applicable to habitual traffic offender license revocation hearing
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

 
 
****************************** ****************************** ******************************
 
First Consultation Accounting Structure Hourly Fees Costs Flat Fee - Definition
Settlement Phase Contested Phase Settlement Flat Fee Trial Flat Fee
Flat Fees - Phases Earned Compare Hourly vs Flat Fees Client's Election Final Travel Time & Expenses
Security for Fees & Costs Trust Account Withdrawal or Termination Alternatives to Private Counsel
Client Duty to Disclose Omission or Non-Disclosure Attorney Selection Retaining Gustafson Advice by Laymen

please feel free to call or email if you are a client or are seeking representation

DISCLOSURES
Privacy
 
Notice & Disclaimer
 
Ethics & Client Disclosures
 applicable whether site visitor
reads or not

 
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

PRIMARY WEBSITE

 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE CRIMINAL DEFENSE PROSTITUTION DEFENSE DOMESTIC VIOLENCE DEFENSE
SEALING CRIMINAL RECORDS NUISANCE FORFEITURE DEFENSE SHOPLIFTING - THEFT DEFENSE
FAMILY LAW DISSOLUTION OF MARRIAGE COLORADO DIVORCE LEGAL SEPARATION STEP-PARENT ADOPTION GRANDPARENT ADOPTION
PATERNITY - LEGAL PARENTAGE CHILD SUPPORT SUPPORT ENFORCEMENT RESTRAINING ORDERS DEBT COLLECTION PRIVATE INVESTIGATORS

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 Serving Colorado Springs Area Zip Codes

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stop light, red Light, stop sign, school bus stop, traffic control signal, police officer, peace officer, vehicle, felony, misdemeanor, traffic, ticket, traffic ticket, traffic offense, traffic infraction, traffic defense, criminal defense, Colorado Springs, El Paso County, Colorado, Colorado Springs Municipal Court, court, lawyer, attorney

Website Copyright 2003 - All Rights Reserved - Document Revised January 30, 2012
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:
July 22, 2011

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