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GUSTAFSON LAW OFFICE
 Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
WELCOME
perhaps I will become your attorney
COLORADO WEAVING - ROADWAYS LANED FOR TRAFFIC

Email Attorney 

Attorney Vita
Phone (719) 260-1002
 Fax (719) 260-1003  **  Toll Free (800) 410-1002
Hours Consultation Terms Retainer Documents Directions Maps Travel * Trade Area
 

COLORADO SPRINGS WEAVING
ROADWAYS LANED FOR TRAFFIC

ATTORNEY HOMEPAGE

COLORADO SPRINGS TRAFFIC DEFENSE
weaving, roadways laned for traffic, failure to stay in a single lane, often charged in conjunction with DUI
Attorney Trial Practice 29+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals
WEAVING
Potential Defenses Do I Need an Attorney?
DUI Defense Hit & Run Defense Driving Under Restraint Defense
 
Warning Right to Silence Search & Seizure Demeanor
Criminal Court Proceedings Felony Misdemeanor Municipal
Traffic Court Proceedings Traffic Infraction Traffic Offense Municipal
Deferred Sentencing Sentencing Defense  Criminal  *  Traffic  *  DMV
Traffic Definitions Bail Bond Remedial Links Completion Forms
Self Legal Research Accounting Legal Forms On-Line * Hardcopy
Retainer Docs Client Docs Laymen Advice Disclaimer Notice
Independent Service Providers Alternatives Find A Lawyer
Useful Public Service Remedial Traffic Safety Classes
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
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
 

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

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

Right to Silence Search & Seizure Defendant Demeanor Bail Bond Independent Service Providers Advice from Laymen

 

CRS 42-4-1007. Driving on roadways laned for traffic
        aka  failure to stay in a single lane
        (1) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply:
                (a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
                (b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane.
                (c) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device.
                (d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.
        (2) Any person who violates any provision of this section commits a class A traffic infraction.
 
State Court Possible Penalties Adult Minor
Jail none none
Fine $35 $35
Points - not applicable to bicycle or motorized bicycle 3 Points 3 Points
 

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

 

10.9.102: Driving on Roadways Laned for Traffic
        aka  failure to stay in a single lane
        Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all other consistent provisions shall apply:
        A. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.
        B. Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by the traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every device.
        C. Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every device. (1968 Code §6-9-2; Ord. 75-86; Ord. 01-42) 
 
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 3 Points 3 Points
 

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

POTENTIAL DEFENSES

        Weaving offense is frequently charged in conjunction with a DUI, or as a pretext for a DUI investigation which may or may not turn out to have merit.  The frequency of this charge with DUI cases is the sole reason for including a weaving page in the website - an opportunity to provide clients with the relevant statute.

        The defenses are factual - the officer's opportunity to observe, credibility and condition of lane paint.  See also jurisdictional attack

TRAFFIC DEFENSE
DO I NEED AN ATTORNEY?

Do I need an attorney?

Due to the very minor nature of this infraction, attorney will not accept a minor weaving case unless combined with more serious DUI, DUR or Hit and Run, or points will cause license loss or insurance premiums will skyrocket.  Negotiating with a prosecutor or listening to a plea offer is worthwhile.  Caveat - If your license is in jeopardy due to points, don't make admissions in the process of your negotiations - your statements can be used for impeachment if the case proceeds to trial.

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
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.
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
 

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
80918 80920 80919 80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 80905 80906 80907 80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 80937 80940 80941 80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977 80995 90997
 
Colorado, weaving, roadways laned for traffic, failure to stay in a single lane, DUI, ticket, traffic ticket, Colorado Springs, El Paso County, Colorado, court, lawyer, attorney

Website Copyright © 2003 - All Rights Reserved - Document Revised July 22, 2010
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date: January 29, 2010

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