Speeding
Home Up Speeding - Nuts & Bolts

WELCOME
GUSTAFSON LAW OFFICE
Colorado Springs, Colorado
 
COLORADO SPRINGS SPEEDING TICKETS - BASIC INFORMATION

 

   
perhaps I will become your attorney
Address  *  Driving Directions  *  Maps
Business Hours & Attorney Availability
Phone (719) 260-1002
Fax (719) 260-1003  **  Toll Free (800) 410-1002
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs

Email    Attorney

Attorney Trade Area

Itemized Charts 
Travel Fees & Mileage Expense
 

 

COLORADO SPRINGS SPEEDING TICKET DEFENSE
BASIC INFORMATION
Trial Practice 29+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

ATTORNEY HOMEPAGE

WARNING bail bond SILENCE DEFINITIONS SPEEDING - NUTS & BOLTS
everything you never wanted to know about
defense of speeding tickets
GENERAL INFORMATION POTENTIAL DEFENSES
SPEEDING - COUNTY COURT - STATE SPEEDING - MUNICIPAL COURT - CITY
SPEED LIMITS
Maximum Lawful Speed
       
Reasonable and Prudent Speed
may not be so reasonable or prudent
MEASUREMENT OF SPEED
Velocity and Speed
Conversion - Speed to Velocity
Conversion - Velocity to Speed
Visual Estimate
Radar      Vascar      Pace Clock      Laser
TRAFFIC CAMERAS
"Smile !!! ..... You're on Candid Ticket"
ATTORNEYS FEES AND COSTS DO I NEED AN ATTORNEY? SERVICE PROVIDERS
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, & attorney is not the phone company 411 center for phone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline such requests.

Speeding ticket cases occur across Colorado - please refer to attorney travel. Travel Policies & Trade Area *  Itemized Travel Expenses *  Colorado Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

TRAFFIC DEFENSE

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

 

Colorado Springs speeding tickets, Colorado Springs Municipal Court, Sate Court El Paso County Court, DMV points, discovery, defense information, attorney's fees and costs, Municipal Court Colorado Springs Colorado, Manitou Springs Municipal Court, Woodland Park Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court, Calhan Municipal Court, Simla Municipal Court, Town of Simla Colorado, Court Simla Colorado, Pueblo Municipal Court, Castle Rock Municipal Court, Monument Municipal Court, Palmer Lake Municipal Court, Calhan Colorado, Simla Colorado, Denver Municipal Court, Aurora Municipal Court, Brighton Municipal Court, Broomfield Municipal Court, Centennial Municipal Court, Englewood Municipal Court, Federal Heights Municipal Court, Golden Municipal Court, Littleton Municipal Court, Sheridan Municipal Court, Thornton Municipal Court, Wheat Ridge Municipal Court, WheatRidge Municipal Court

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

GENERAL INFORMATION

        When a driver receives a speeding ticket, generally it is an inconvenience but nothing more.  Usually the prosecutor will negotiate a least a point off the offense charged, perhaps more.  Prosecutors may agree to reduce the ticket to a 2 point defective vehicle or 0 point obstructed rear window which won't likely excite the insurance company.  After payment of fine and costs, and crossing guard surcharge in Municipal Court, life moves on.  It is worthwhile to appear in Court on the summons date to receive the benefit of plea negotiations.  Usually counsel is not involved.

        Simple is not always the case.  If the ticket will cause loss of driver's license or driving privileges in Colorado, or cancellation of insurance or significant premium hike, or perhaps a CDL will be affected and therefore livelihood, then matters become different.

        Regarding DUI cases there's an old saying: 
                I don't have a drinking problem
                I drink
                I get drunk
                I fall down
                No problem

         Many people view speeding similarly - simple.  Like DUI defense, there is significantly more to it.  I have therefore added a sub-page with additional information for those with problematic cases or those who are like the monkey, Curious George.

 

Elements of this speeding are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing or over the maximum lawful speed.

 
STATE COURT TRAFFIC INFRACTION State Court  Early Payment Point Reduction
Muni Court  NO Early Payment Point Reduction
State Court Possible Penalties Presumptive Jail Presumptive Fines Points  ***
Adult and Juvenile Minimum   Maximum Minimum   Maximum Scheduled Points
0 -4 mph over the limit * None None $15 $100 $15 + $2 0
5 - 9 mph over the limit * None None $15 $100 $35 + $5 1
10 - 19 mph over the limit * None None $15 $100 $50 + $8 4
20 - 24 mph over the limit * None None $15 $100 $100 + $15 6
Failure to Reduce Speed - Special Hazard * None None $15 $100 $35 + $5 3
**  STATE COURT TRAFFIC OFFENSE
**** court appearance required
NO Early Payment Point Reduction
 
State Court Possible Penalties Presumptive Jail Presumptive Fines Points  ***
Adult and Juvenile Minimum   Maximum Minimum   Maximum Scheduled Points
25-39 mph over the limit **  **** 0 days 90 days $10 $300 court order 6
40+ mph over the limit **  **** 0 days 90 days $10 $300 court order 12
*** Points - not applicable to bicycle or motorized bicycle

 

The City of Colorado Springs has lowered the speed limit to 25 mph on all roads where not otherwise posted and has adopted an ordinance imposing a fine of $10 per mile over the lawful speed limit.  The ticket may be plea bargained down to a lesser speed for purposes of points, however the fine will be based upon the initial alleged speed.

Remind anyone of taxation or a source of revenue to avoid the Tabor Act?

 
MUNICIPAL COURT TRAFFIC OFFENSE NO Early Payment Point Reduction
Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $10 - $500 $10 - $500
Points against Colorado Driving Privileges 1- 12 Points 1 - 12 Points
 
Colorado Springs Municipal Court has NOT adopted early payment point reduction
early payment will result is assessment of full points charged

Robert D. Gustafson
Attorney At Law
Colorado Springs, Colorado

Phone (719) 260-1002

Fax (719) 260-1003

Toll Free (800) 410-1002

Surrounding Area
MUNICIPAL COURTS
SPEEDING TICKET DEFENSE

TRAVEL TIME & MILEAGE
Billed Outside El Paso County

Southern Colorado

Metro Denver Area
Colorado Springs Municipal Court
Municipal Court - Colorado Springs, Colorado
Calhan Municipal Court
Municipal Court - Calhan, Colorado
Denver City & County Traffic Court
Traffic Court - Denver, Colorado
Denver City & County Criminal Court
Criminal Court - Denver, Colorado
Canon City Municipal Court
Municipal Court - Canon City, Colorado
Castle Rock Municipal Court
Municipal Court - Castle Rock, Colorado
Aurora Municipal Court
Municipal Court - Aurora, Colorado
Brighton Municipal Court
Municipal Court - Brighton, Colorado
Cripple Creek Municipal Court
Municipal Court - Cripple Creek, Colorado
Florence Municipal Court
Municipal Court - Florence, Colorado
Broomfield Municipal Court
Municipal Court - Broomfield, Colorado
Centennial Municipal Court
Municipal Court - Centennial, Colorado
Fountain Municipal Court
Municipal Court - Fountain, Colorado
Manitou Springs Municipal Court
Municipal Court - Manitou Springs, Colorado
Englewood Municipal Court
Municipal Court - Englewood, Colorado
Federal Heights Municipal Court
Municipal Court - Federal Heights, Colorado
Monument Municipal Court
Municipal Court - Monument, Colorado
Palmer Lake Municipal Court
Municipal Court - Palmer Lake, Colorado
Golden Municipal Court
Municipal Court - Golden, Colorado
Littleton Municipal Court
Municipal Court - Littleton, Colorado
Pueblo Municipal Court
Municipal Court - Pueblo, Colorado
Simla Municipal Court
Municipal Court - Simla, Colorado
Sheridan Municipal Court
Municipal Court - Sheridan, Colorado
Thornton Municipal Court
Municipal Court - Thornton, Colorado
Woodland Park Municipal Court
Municipal Court - Woodland Park, Colorado
Municipal Ordinances and Codes
Colorado Model Traffic Code
Denver Travel Time & Mileage
Colorado Springs Attorney
Wheat Ridge Municipal Court
Municipal Court - Wheat Ridge, Colorado

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

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

SPEED LIMITS

 
Maximum Lawful Speed
Colorado State Law - Preemption
Reasonable and Prudent Speed
may not be so reasonable or prudent

MEASUREMENT OF SPEED

        A judge or magistrate may not let the issue go to a jury (lack of prima facie evidence) unless there is mechanical support (radar, vascar, pace clock or laser) for the visual estimate.  In a trial to the court, I've seen a judge stop the case when the officer admitted the ticket was based only upon a visual estimate.  Other judges may proceed.

VELOCITY AND SPEED
CONVERSION - SPEED TO VELOCITY CONVERSION - VELOCITY TO SPEED
VISUAL ESTIMATE RADAR VASCAR PACE CLOCK LASER

ACCESS TO RECORDS - DISCOVERY FIGHTS

        Every defendant wants to know and needs to know the evidence which the prosecution has with which to prove its case.  The request and that information is called discovery.  If the case settles within parameters acceptable to the defendant, limited discovery is generally acceptable.  e.g.  copy of the summons and the law enforcement officer's notes.  If the case proceeds to trial, the standard discovery provided by prosecutors is insufficient to prepare for cross-examination.

        In County Court (state court), a discovery motion may be filed under C.R.Crim.P. 16.  Municipal courts have very different discovery rules  In either court, prosecutors will resist discovery as it is time consuming and the charge is slight.  If charged as an infraction in state court, the case will be set into Magistrate Court where the rules of discovery are abhorrent.  

        Subpoena duces tecum is available in all courts.  Depending upon the court rules, possibly court approval will be required.  So long as requested items are relevant, the court can not deny.

        Discovery may also be available:
               
CRS 24-72-201, et. seq. Colorado Open Records Act
                CRS 24-72-301, et. seq. Colorado Criminal Justice Records Act

POTENTIAL DEFENSES

        In every charge of speeding, the summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation. CRS 42-4-1101(5)

        If certain defects are contained in the summons and complaint, the case may be subject to jurisdictional attack.  e.g.  Although not a jurisdictional problem, one issue noted on the page is related to the above paragraph.  Failure to provide notice of points on the traffic infraction penalty notice (speeding tickets 24 mph over the limit or less) will not affect the validity of initial charging or court case disposition, however may be used by the defendant to invalidate points for DMV suspension, revocation or denial or may be used by the defendant as a collateral attack in a driving under restraint criminal charge subsequently brought.

        When reviewing potential defenses, counsel seeks a problem with signage size and placement (notice), with the traffic engineer's survey, equipment malfunction or improper usage, or attacks the credentials or credibility of the law enforcement officer.  For additional information, refer to below links.

SPEEDING - STATE LAW
Maximum Lawful Speed Limit
Reasonable and Prudent Speed
Preemption

 
 
SPEEDING
COLORADO SPRINGS MUNICIPAL ORDINANCES
TRAFFIC ENGINEER'S SURVEY
STATE COURT MUNICIPAL COURT
NOTICE - SIGNAGE SIZE AND PLACEMENT
VELOCITY AND SPEED
Conversion - Speed to Velocity
Conversion - Velocity to Speed
SPEED - EVIDENCE REQUIRED
Visual Estimate
Radar      Vascar      Pace Clock      Laser

 
 
DMV PROCEEDINGS & DRIVER LICENSE MATTERS 
Selected Traffic & DMV Statutes & Regulations
 
 
LOSS OF COLORADO DRIVING PRIVILEGES
DMV Hearing
Defense
DMV Appeal
statute of limitations

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

INDEPENDENT SERVICE PROVIDERS

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

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

PROCESS SERVICE

PRIVATE INVESTIGATION

SPEEDING TICKET DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably not.

Unless combined with more serious alcohol charges of 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 speeding ticket.  Colorado Springs has enacted $10 per mile fine over the limit, and negotiated cases carry fine based upon speed initially alleged.  "Sin Tax" to fill the city coffers, so it can get a little expensive, but retaining counsel is usually not economically justifiable unless insurance premium increase is a factor.

     a.  Talking to a prosecutor or listening to a plea offer may be 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.
     b.  Be aware, if you attempt negotiation with prosecutors and fail, your efforts may cause harm.  If you intend to retain counsel, do so before speaking to prosecutors.

If convicted of speeding, you may face 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
SPEEDING TICKET DEFENSE

     

        At the time of the first visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
        In most circumstances, attorney initially makes an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only. 
ELECTION. Offered fee options will be up to the client, however client's initial election will be final.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free
first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE
COLORADO SPEEDING TICKET DEFENSE
SETTLEMENT FLAT FEE
would be deducted from trial flat fee
$650
 
TRIAL FLAT FEE
settlement fee would be deducted
$2,750
 

I generally offer hourly fees or a settlement flat fee.  Most speeding ticket cases plea bargain and do not proceed to trial.  The settlement flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.
 

Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.  

frequent trust deposit request regarding fees & costs

 

PAYMENT

Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
  $     650     
$       75   
 
settlement common trust deposit request
including attorney's fees & litigation costs - excluding travel
map * travel policy - time & expenses * travel rates

settlement trust deposit would be deducted from trial trust deposit
 

OR

$725*

 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       2,750  
$          500  
 
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates

$3,250*

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

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
note: costs change & below cost information may be obsolete
link to Colorado Judicial Branch website -  current costs information published by state
COLORADO STATE COURT COSTS
direct link to criminal or traffic court costs - costs change & lists may be obsolete
COUNTY COURT CRIMINAL COSTS DISTRICT COURT CRIMINAL COSTS
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report
20.00   Offense Report
10.00   DA Office discovery packet - estimate (actual may be more or less)
25.00   State court jury deposit C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal)
10.00   Court records search & copy costs (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
75.00   Public Service supervision fee
37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral costs
60.00   DMV reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
500.00   Private Investigator initial retainer - if relevant
     variable based upon number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside Colorado Springs

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

 
 
****************************** ****************************** ******************************
 
POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
  *  REVOCATION  *  DENIAL
  Colorado Springs Attorney Robert D. Gustafson
common quote - limited flat fee

$650

this shall neither constitute an offer, nor be construed as a binding estimate
DMV limited flat fee would be dependent upon the facts and circumstances of the case

A DMV limited flat fee would likely be offered.  Additional hours necessitated by continuance requested by police or by subpoena procurement are billed at hourly rates.  A client may retain the attorney's services in a DUI or traffic criminal case without asking for assistance at DMV proceedings.  Attorney does not undertake representation in DMV proceedings until the DMV limited flat fee has been paid, and full payment is required at least *seven (7) days in advance of hearing.  Fees beyond the DMV limited flat fee would be unusual.

 

Attorney will initially make an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a hearing flat fee per above.  Offered fee options will be up to the client, however client's initial election will be final.  Hourly fee billings are based solely upon time, and may be more or less than the offered flat fee.  Hourly fees are not capped at the limited flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer.  Attorney reserves the right to decline any case.

 

* Applicable case law, statutes, rules of civil procedure, and Department of Revenue or Department of Health regulations contain mandatory time constraints, are complex and are generally unfavorable to the driver. The above 7 day hiring limitation is based solely upon client control over fees paid at time attorney is retained in the criminal case and upon avoidance & resolution of attorney calendar conflicts.  Prospective clients are notified 7 days is insufficient time to prepare an adequate license hearing defense which involves DMV discovery or DOR issuance of subpoena (compelling testimony) or subpoena duces tecum (compelling testimony & production of documents or evidence).  Delay in retaining attorney may prejudice the defense. Whether the underlying basis is alcohol related or not, time is critical in DOR hearings regarding suspension, revocation or denial of Colorado driving privileges.

 

DOR hearing fee Estimate Caveats.  If collateral attack is required, the attorney would need to know more about the number and locations of underlying court cases to be attacked before offering a DOR hearing fee.  Legal research and research time would increase the estimates.

 

Non-Alcohol

Alcohol

Habitual Offender

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

 
 
****************************** ****************************** ******************************
 
FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE
CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED
COMPARE HOURLY - FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
SECURITY FOR FEES & COSTS TRUST ACCOUNT WITHDRAWAL OR TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION OR NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

 

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Attempt to Prepare Defense of Own Traffic or Criminal Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your traffic or criminal case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current traffic or criminal case.  I decline.

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

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

Alternatives
FIND A LAWYER

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

 

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

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

 
Colorado is a big state
ease of internet access, email & toll free phone doesn't change that fact

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are out of state or unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

Colorado MAP

Attorney welcomes new cases.  Intent is not to be harsh or to discard potential new business, but to be practical.
 

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.

ATTORNEY TRADE AREA

COUNTIES CITIES / TOWNS     COURTS
El Paso County
 
 
Colorado Springs, Colorado Fountain, Colorado
Manitou Springs, Colorado Calhan, Colorado
 Monument, Colorado Palmer Lake, Colorado
Colorado Springs Municipal Court Fountain Municipal Court
Manitou Springs Municipal Court Calhan Municipal Court  
Palmer Lake Municipal Court State Court - El Paso County Court
Monument Municipal Court
Adams County
 
Brighton, Colorado Thornton, Colorado
                                              
Brighton Municipal Court Thornton Municipal Court
  State Court - Adams County Court
Arapahoe County
 
Littleton, Colorado Centennial, Colorado
Aurora, Colorado  
Littleton Municipal Court Centennial Municipal Court
Aurora Municipal Court State Court - Arapahoe County Court
City & County Denver
Denver, Colorado  
Denver City & County Traffic Court Denver City & County Criminal Court
Douglas County
Castle Rock, Colorado  
Castle Rock Municipal Court State Court - Douglas County Court
Elbert County
Kiowa, Colorado Simla, Colorado         
Simla Municipal Court State Court - Elbert County Court
Fremont County
 
Canon City, Colorado Florence, Colorado
   
Canon City Municipal Court Florence Municipal Court
  State Court - Fremont County Court
Jefferson County
 
Golden, Colorado  Wheat Ridge , Colorado
                                             
Golden Municipal Court Wheat Ridge Municipal Court
  State Court - Jefferson County Court
Pueblo County
Pueblo, Colorado                                           
Pueblo Municipal Court State Court - Pueblo County Court
Teller County
 
Cripple Creek, Colorado Woodland Park, Colorado
   
Cripple Creek Municipal Court Woodland Park Municipal Court
   State Court - Teller County Court

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ALTERNATIVES

STATE COURTS
Refer to
early payment point reduction

Colorado Springs Municipal Court
has NOT adopted
early payment point reduction
early payment = assessment of full points charged

STATE COURTS.  Please review traffic infractions vs traffic offenses.  Unless a speeding ticket is 25+ mph over the limit in state court, it is not a criminal offense, no prosecutor is involved, plea negotiations are not available and legal counsel's only recourse to achieve relief is trial on the merits to a magistrate.

Plea negotiations are available in most Municipal Courts

 

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