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Speed contest traffic ticket
defense, acceleration contests, exhibition of speed, CSPD now targeting drag
racing. Colorado Springs Attorney Robert D. Gustafson traffic defense trial
practice 25+ years
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| RIGHT
TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make
any statements whatsoever to any law enforcement officer, prosecutor, witness,
the alleged victim, an insurance adjuster or any other third person.
Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. In some circumstances, no statutory
privilege exists with respect to medical providers (doctor, nurse, etc),
counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse
(husband, wife) - only the attorney-client privilege exists. Consult with your attorney before
talking.

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BAIL
BOND
refer to above link for information |

DRAG
RACING
SPEED CONTEST
EXHIBITION OF SPEED
ACCELERATION CONTEST |
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CRS 42-4-1105. Speed contests
- speed exhibitions - aiding and
facilitating - immobilization of motor vehicle - definitions.
(1) (a) Except as
otherwise provided in subsection (4) of this section, it is unlawful for a
person to knowingly engage in a speed contest on a highway.
(b) For purposes of this section, "speed contest" means the operation
of one or more motor vehicles to conduct a race or a time trial, including but
not limited to rapid acceleration, exceeding reasonable and prude speeds for
highways and existing traffic conditions, vying for position, or performing one
or more lane changes in an attempt to gain advantage over one or more of the
other racing participants.
(c) A person who violates any provision of this subsection (1) commits a class 1
misdemeanor traffic offense.
(2) (a) Except as
otherwise provided in subsection (4) of this section, it is unlawful for a
person to knowingly engage in a speed contest exhibition on a highway.
(b) For purposes of this section, "speed exhibition" means the
operation of a motor vehicle to present a display of speed or power. "Speed
exhibition" includes, but is not limited to, squealing the tires of a motor
vehicle while it is stationary or in motion, rapid acceleration, rapid swerving
or weaving in and out of traffic, producing smoke from tire slippage, or leaving
visible tire acceleration marks on the surface of the highway or ground.
(c) A person who violates any provisions of this subsection (2) commits a class
2 misdemeanor traffic offense.
(3) (a) Except as
otherwise provided in subsection (4) of this section, a person shall not, for
the purpose of facilitation or aiding or as an incident to any speed contest or
speed exhibition upon a highway, in any manner obstruct or place a barricade or
obstruction, or assist or participate in placing any such barricade or
obstruction, upon a highway.
(b) A person who violates any provision of this subsection (3) commits, pursuant
to section 42-4-1703, the offense that the person aided in or facilitated the
commission of. Nothing in this subsection (3) shall be construed to preclude
charging a person under section 42-4-1703 for otherwise being a party to the
crime or engaging in a speed contest or engaging in a speed exhibition.
(4) The provisions of this section
shall not apply to the operation of a motor vehicle in an organized competition
according to accepted rules on a designated and duly authorized race track, race
course or drag racing strip.
(5) (a) In addition
to a sentence imposed pursuant to this section or pursuant to any other
provision of law:
(I) Upon the second conviction for an offense specified in subsection (1) or (2)
of this section, or any other crime, the underlying factual basis of which has
been found by the court to include an act of operating a motor vehicle in
violation of subsection (1) or (2) of this section, the court may, in its
discretion, order the primary law enforcement agency involved with he case to
place an immobilization device on the motor vehicle or motor vehicles so
operated for a period of up to fourteen days.
(II) Upon the third conviction for an offense specified in subsection (1) or (2)
of this section, or any other crime, the underlying factual basis of which has
been found by the court to include an act of operating a motor vehicle in
violation of subsection (1) or (2) of this section, the court may, in its
discretion, order the primary law enforcement agency involved with he case to
place an immobilization device on the motor vehicle or motor vehicles so
operated for a period of up to thirty days but more than fourteen days.
(b) The period during which a motor vehicle may be fitted with an immobilization
device pursuant to paragraph (a) of this subsection (5) shall be in addition to
any period during which the motor vehicle was impounded prior to sentencing.
(c) An order issued under this subsection shall state the requirements included
in subsections (7) and (8) of this section.
(d) For purposes of this section, "immobilization device" means a
device locked into place of a wheel of a motor vehicle that prevents the motor
vehicle from being moved. "Immobilization device" includes but is not
limited to a device commonly referred to as a "traffic boot" or
"boot".
(6) (a) Except as
otherwise provided in subsection (9) of this section, a law enforcement agency
that is ordered to place an immobilization device on a motor vehicle pursuant to
subsection (5) of this section shall attempt to locate the motor vehicle within
its jurisdiction. The law enforcement agency may, in its discretion, attempt to
locate the motor vehicle outside of its jurisdiction.
(b) Nothing in this subsection (6) shall be construed to:
(I) Prohibit a law enforcement agency from seeking the assistance of another law
enforcement agency for the purpose of placing an immobilization device on a
motor vehicle or removing the device in accordance with this section; or
(II) Require a law enforcement agency to expend excessive time or commit
excessive staff to the task of locating a motor vehicle subject to
immobilization under this section.
(c) The time spent by a law enforcement agency in locating a motor vehicle in
accordance with this subsection (6) shall not alter the immobilization period
ordered by the court under subsection (5) of this section.
(d) A law enforcement agency that places an immobilization device on a motor
vehicle pursuant to this section shall affix a notice to the immobilized motor
vehicle stating the information described in subsections (7( and (8) of this
section.
(e) A peace officer who locates or attempts to locate a motor vehicle, or who
places or removes, or assists with the placement or removal of, an
immobilization device in accordance with the provisions of this section shall be
immune from civil liability for damages, except for damages arising from willful
and wanton conduct.
(7) (a) The owner
of a motor vehicle immobilized under this section shall be assessed a fee of
thirty five dollars for each day the motor vehicle is immobilized and, except as
others provided in paragraph (d) of this subsection (7), thirty five dollars for
each day up to fourteen days after the immobilization period that the fee for
the immobilization period is not paid. The owner shall pay the fee to the law
enforcement agency that places the immobilization device on the motor vehicle.
(b) The owner, within fourteen days after the end of the immobilization period
ordered by the court, may obtain removal of the immobilization device by the law
enforcement agency that placed it by requesting the removal and paying the fee
required under paragraph (a) of this subsection (7).
(c) The failure of the owner of the immobilized motor vehicle to request removal
of the immobilization device and pay the fee within fourteen days after the end
of the immobilization period ordered by the court or within the additional time
granted by the court pursuant to paragraph (d) of this subsection (7), whichever
is applicable, shall result in the motor vehicle being deemed an "abandoned
motor vehicle", as defined in sections 42-4-1802(1)(d) and 42-4-2102(1)(d),
and subject to the provisions of Part 18 or 21 of this article, whichever is
applicable. The law enforcement agency entitled to payment of the fee under this
subsection (7) shall be eligible to recover the fee if the abandoned motor
vehicle is sold, pursuant to section 42-4-1809(2)(b.5) or 42-4-2108 (2) (a.5).
(d) Upon application of the owner of an immobilized motor vehicle, the court
that ordered the immobilization may, in its discretion, grant additional time to
pay the immobilization fee required under paragraph (a) of this subsection (7).
If additional time is granted the court shall notify the law enforcement agency
that placed the immobilization device.
(8) (a) A person
may not remove an immobilization device that is placed on a motor vehicle
pursuant to this section during the immobilization period ordered by the court.
(b) No person may remove the immobilization device after the end of the
immobilization period except the law enforcement agency that placed the
immobilization device and that has been requested by the owner to remove the
device to which the owner has properly paid the fee required by subsection (7).
Nothing in this subsection (8) shall be construed to prevent the removal on an
immobilization device in order to comply with the provisions of part 18 or 21 of
this article.
(c) A person who violates any provision of this subsection (8) commits a class 2
misdemeanor traffic offense.
(9) (a) A law
enforcement agency that is ordered to place an immobilization device on a motor
vehicle pursuant to subsection (5) of this section shall inform the court at
sentencing if it is unable to comply with the court’s order either because the
law enforcement agency is not yet equipped with an immobilization device or
because it does not have a sufficient number of immobilization devices. The
court, upon being so informed, shall, in lieu of ordering immobilization, order
the law enforcement agency to impound the motor vehicle for the same time period
that the court initially ordered the motor vehicle to be immobilized.
(b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of
this subsection (9), the provisions of subsections (6) to (8) of this section
shall not apply.
Effective Date: July 1, 2006
In case you didn't catch it on first read, the statute essentially provides for
police impound lot
sale of your vehicle if the owner doesn't timely request removal of the boot and
pay the expensive immobilization fee. |

DRAG
RACING
SPEED CONTEST
EXHIBITION OF SPEED
ACCELERATION CONTEST |
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10.5.107: SPEED CONTESTS
A. No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7; Ord. 75-86; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
12
Points |
12
Points |
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Drag racing is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Drag racing is not a
DARP Aggravator
criminal court sentencing
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Surrounding Area
MUNICIPAL COURTS
SPEED CONTEST DEFENSE |
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TRAVEL TIME & MILEAGE
Billed Outside El Paso County |
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Southern Colorado |
Metro Denver Area |
Colorado
Springs Municipal Court
Municipal Court - Colorado Springs, Colorado |
Calhan Municipal Court
Municipal Court - Calhan, Colorado |
Denver City & County Traffic Court
Traffic Court - Denver, Colorado |
Denver City & County Criminal Court
Criminal Court - Denver, Colorado |
Canon City Municipal Court
Municipal Court - Canon City,
Colorado |
Castle Rock Municipal Court
Municipal Court - Castle
Rock, Colorado |
Aurora Municipal Court
Municipal Court - Aurora, Colorado |
Brighton Municipal Court
Municipal Court - Brighton, Colorado |
Cripple Creek Municipal Court
Municipal Court - Cripple
Creek,
Colorado |
Florence Municipal Court
Municipal Court - Florence, Colorado |
Broomfield Municipal Court
Municipal Court - Broomfield, Colorado |
Centennial Municipal Court
Municipal Court - Centennial, Colorado |
Fountain Municipal Court
Municipal Court - Fountain,
Colorado |
Manitou Springs Municipal Court
Municipal Court - Manitou
Springs, Colorado |
Englewood Municipal Court
Municipal Court - Englewood, Colorado |
Federal Heights Municipal Court
Municipal Court - Federal Heights, Colorado |
Monument Municipal Court
Municipal Court - Monument, Colorado |
Palmer Lake Municipal Court
Municipal Court - Palmer
Lake, Colorado |
Golden Municipal Court
Municipal Court - Golden, Colorado |
Littleton Municipal Court
Municipal Court - Littleton,
Colorado |
Pueblo Municipal Court
Municipal Court - Pueblo,
Colorado |
Simla Municipal Court
Municipal Court - Simla,
Colorado |
Sheridan Municipal Court
Municipal Court - Sheridan,
Colorado |
Thornton Municipal Court
Municipal Court - Thornton, Colorado |
Woodland Park Municipal Court
Municipal Court - Woodland
Park,
Colorado |
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Denver
Travel Time & Mileage
Colorado Springs
Attorney |
Wheat Ridge Municipal Court
Municipal Court - Wheat Ridge,
Colorado |
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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 your ticket in in this
court, counsel must prepare for trial;
trial fees and costs would be quoted.

DRAG
RACING **
SPEED CONTESTS
POTENTIAL DEFENSES
SPEED CONTEST
** EXHIBITION OF SPEED
ACCELERATION CONTEST
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| TRAFFIC OFFENSE 12
Points |
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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
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Lack of reasonable suspicion for
initial attempted contact by the law enforcement officer
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Lack of probable cause for
warrantless arrest or seizure of the defendant's person
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Color of authority - peace
officer acting within course & scope of his or her employment.
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Unlawful extra-jurisdictional
arrest
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Defendant's admissions the
result of undue influence, duress and coercion - due process violation
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Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
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Alleged offense did not occur on
public roadway or highway? - yes, the defense works in drag racing cases
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Driving
A third person, not
defendant, was driving a motor vehicle
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Officer observations - what
didn't he observe which a jury member might expect? What was the
officer's opportunity to observe? - lighting, time spent, temperature,
etc.
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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?
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Eluding is a factual determination based upon the
circumstances of the case. The case may turn upon factual argument - defendant's conduct & driving pattern and officer
conduct.
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Reasonable doubt - state proof
beyond a reasonable doubt
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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.
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When all else fails:
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Trial lawyer's adage:
If the facts are on your
side - pound the facts.
If the law is on your
side - pound the law.
If neither the facts nor
the law are on your side - pound the table !
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CRS 16-13-303. Class 1 public
nuisance.
State
Statutes - CRS
So far the state legislature has not enacted legislation regarding vehicle
forfeiture on the basis of motor vehicle speed contest, acceleration
contest or exhibition of speed or acceleration. Based upon the fact drag
racing appears to be a new target offense or "designer crime" and
forfeiture appears in vogue, it is only a matter of time before drag racing
results in motor vehicle forfeiture. It's coming, folks - look at
forfeitures regarding:
1. DUR - DARP driving
under restraint or driving after revocation prohibited -
DUI underlying license
loss
2.
Forfeiture -
Defense -
prostitution & related sex
offenses, gambling, drugs & paraphernalia,
theft by receiving,
hit & run with serious bodily injury or death, drive by
crimes, crimes against the elderly
3. Felony vehicular eluding
The state legislature has enacted legislation regarding
vehicle
immobilization, including expensive reimbursement to the law enforcement
agency installing the boot and sale of the vehicle if not timely paid.
Effective 7/1/06 the legislature moved closer to forfeiture. Legislative
outright forfeiture may only be a matter of time.



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ACCIDENT
REPORTS & OTHER DMV FORMS
State of Colorado accident report obsolete 8/4/04
police now verify insurance at the accident scene
refer to above link for information, forms, state on-line accident report
and CSPD Cold Report |
Under Colorado
law, if the insurance information of a driver was not included in a law
enforcement traffic accident report, a
State of Colorado Accident Report
must be submitted to the
DMV
within 10 days of an accident. CRS 42-4-1609 Also by statute, statements by a
driver in the accident report may not be used in conjunction with any court
proceedings, criminal or civil, except that the DMV
may disclose the identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his or her presence at such
accident. CRS 42-4-1610, CRS 42-7-504. The primary
purpose of filing the accident report is to comply with state law, and to
provide evidence of insurance on the vehicle - thereby avoiding an
FRA
suspension.- refer to link for information. If any of the below
charges are alleged, a driver should consult with his or her defense attorney
regarding exercise of constitutional privileges before making any oral or
written statement.
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download
DMV
- State of Colorado Accident Report
DMV
- Evidence of Insurance
DMV
- Affidavit of Financial Responsibility
DMV
- FRA - Release from Liability
DMV
- FRA - Waiver of Security - Financial Responsibility
DMV
- Promissory Note Contract
DMV
- Affidavit - Out of State Residency - FRA SR-22 Avoidance
Other
DMV forms
CSPD
Accident Cold Report
due within 72 hours of accident (large file - please be patient)
Any person may obtain a hardcopy cold report from the
CSPD
Police Operations Center
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LOSS OF COLORADO
DRIVING PRIVILEGES |
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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 additional information. |
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SPEED CONTEST DEFENSE
DO I NEED AN ATTORNEY? |
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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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If you are charged with drag
racing - motor vehicle speed contest, acceleration
contest or exhibition of speed or acceleration - it is advisable to retain competent
legal counsel. These are serious charges. All such charges contain
potential jail sentences
and 12 point suspension of driver's license or Colorado driving
privileges. Vehicle insurance consequences could also be
anticipated. You need not retain my services, but hire defense counsel.
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If convicted of any drag racing offense, you could anticipate policy termination
or significant increase in
your insurance premiums - probably over a 3 - 5 years.
Contact your insurance company underwriters to learn more of the
potential consequences. |
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ATTORNEY'S
FEES AND COSTS
DRAG
RACING * SPEED CONTEST * EXHIBITION OF SPEED 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
DRAG
RACING * SPEED CONTEST * EXHIBITION OF
SPEED DEFENSE |
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I generally offer hourly fees or a settlement flat fee. Most
drag racing
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.
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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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drag
racing * speed contest * exhibition of
speed
*
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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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
*
REVOCATION
*
DENIAL |
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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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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your case and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or criminal case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
traffic or criminal case. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, meritorious issues
& rulings. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client.
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This
includes plea to
domestic
violence or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
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ATTORNEY
TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big
state
ease of internet access, email & toll free phone doesn't change
that fact |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Chaffee
County |
Salida |
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Crowley
County |
Ordway |
Metro Denver Area |
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Custer
County |
Westcliffe |
COUNTIES |
CITIES / TOWNS |
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Douglas
County |
Castle Rock |
City and County of Denver |
Denver |
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Elbert
County |
Kiowa / Simla |
Adams County |
Brighton / Thornton / Federal
Heights |
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Fremont
County |
Canon City / Florence / Penrose |
Arapahoe
County
Court
District Court |
Littleton / Centennial /
Englewood |
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Huerfano County |
Walsenburg |
Arapahoe County - East |
Aurora |
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Las
Animas County |
Trinidad |
Broomfield County |
Broomfield |
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Lincoln
County |
Hugo (county seat) / Limon |
Gilpin
County |
Blackhawk / Central City |
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Otero
County |
La Junta |
Jefferson County |
Golden / Wheat Ridge |
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Park
County |
Fairplay |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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| please
feel free to call or email if you are a client or are seeking representation |
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FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


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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 |

Copyright © 2005 - All Rights Reserved - Document
Revised: October 01, 2009
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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