SR-22 Insurance
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GUSTAFSON LAW OFFICE
COLORADO SR22 INSURANCE INFORMATION

COLORADO SR-22 INSURANCE
COLORADO DMV -  DOR INFORMATION
COLORADO DRIVER LICENSE DEFENSE
Trial practice 25+ years Colorado state courts, Colorado Springs Municipal Court & Colorado DMV license hearings
GENERAL INFORMATION STATUTORY PROVISIONS
HOW DID I GET HERE? CAN I DROP THE SR-22 INSURANCE & STILL DRIVE?
mandatory jail
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Colorado SR-22 Insurance aka Colorado SR22 Insurance - FRA proof of financial responsibility - Colorado DMV / DOR driver license suspension or revocation. SR 22 insurance criteria, period required & insurance term revocation - published by Colorado Springs traffic law attorney

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GENERAL INFORMATION

        Don't let the phrase SR-22 throw you for a loop.  SR-22 is merely the number of a form which insurance companies use when verifying insurance coverage to the Colorado Department of Revenue, Division of Motor Vehicles.  
            The insurance company advises the DMV it will not cancel the insurance for a certain period of time (usually 3 years) unless the insured fails to pay the premium.  
            The insurance company assures the DMV it will give notice to the DMV of cancellation in the event of premium non-payment.

        This type of insurance is frequently expensive because it is usually required only for those individuals who have had problems with their driving history.  Hence, such drivers are a higher risk of loss to insurance companies.  Due to the cost, a driver should check with multiple insurance companies or agencies.  This attorney recommends a driver obtain at minimum three (3) quotes.  A driver might contact:
            An agent for Farmer's Insurance Group
            An agent for American Family Insurance
            An independent insurance agent who is authorized for underwrite for several insurance companies such as Progressive Insurance, Dairyland Insurance or the like.
            To this attorney's knowledge, State Farm Insurance does not underwrite SR-22 except in very unusual circumstances.

        Under most circumstances, SR-22 insurance coverage period will be 3 years. Under some circumstances it may be less - some statutory provisions are included below. Previous clients have advised me the cost for SR-22 varies between $1,200 - $4,800 per year. If a driver fails to provide proof or to maintain the SR-22 high risk insurance, the license or driving privileges will be suspended in a proceeding called an insurance term revocation.  Refer to Driving Under Restraint page for information regarding penalties.

        Expensive, but not a difficult concept.  Doesn't it seem that by enacting the mandatory statutes which carry driver's license suspension, vehicle license plate seizure and criminal penalties - including jail, our state legislators (in their infinite wisdom) guaranteed profits for insurance companies?

HOW DID I GET HERE?

Any number of traffic violations can cause SR-22 insurance.  To mention a few, but not exclusive:

  1. Having your driving privileges revoked for excessive alcohol content or refusing a chemical test

  2. Being convicted of two alcohol related traffic offenses within 5 years

  3. Being convicted of three alcohol related traffic offenses during your lifetime

  4. Being revoked or denied as an habitual offender

  5. Being convicted of hit and run involving personal injuries

  6. Being convicted of a felony in the commission of which a motor vehicle was used

  7. Being the owner of a vehicle - twice allowing another person to drive your vehicle, and as a result of which the third person's driving privileges were revoked on 2 separate occasions for excessive alcohol concentration or refusing a chemical test
            Here the sanction is not against a driver - merely an owner who allowed another to drive his / her motor vehicle

  8. Giving false information to the DMV relating to ownership or operation of a vehicle

  9. Being convicted of reckless driving 3 times committed within 2 years

  10. Being involved in a traffic accident and failing to provide evidence to the DMV FRA Section that your vehicle was insured on the date of the accident

  11. Adult plea of guilt or nolo contendere, guilty verdict or deferred sentence related to a felony drug offense - the offense need not involve traffic or be traffic related

  12. Underage 2nd or subsequent conviction or license revocation for "baby DUI"    BAC 0.05 - 0.08

  13. Owner - operator compulsory insurance conviction
            Note: although a driver can be charged with compulsory insurance while driving a vehicle owned by another person, such a conviction as the "non-owner operator" does not trigger the 3 year SR-22 requirement

  14. Being stopped by law enforcement and inability to provide evidence of insurance at the time of the stop - and the officer knows traffic law sufficiently that he /she initiates an insurance revocation

  15. Driving without SR-22 insurance when SR-22 insurance was required

  16. Each above DMV proceeding is independent of the other and can be entered simultaneously.

CRS 42-2-125, CRS 42-2-126, CRS 42-7-406

CAN I DROP SR-22 INSURANCE AND STILL DRIVE?

        If the SR-22 financial responsibility requirement has been imposed upon a driver, he / she must comply.  If the driver fails to carry the insurance coverage or pay the premiums, the insurance company will notify the DMV which will impose an insurance term revocation upon the driver.  Continue driving? - hello jailhouse.
        Refer to Driving Under Restraint page for information regarding penalties.
            Mandatory minimum jail 5 days
                "the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
            Maximum jail 6 months
            Minimum fine $50
            Maximum fine $500
CRS 42-7-422

STATUTORY PROVISIONS
SR-22 PROOF OF FINANCIAL RESPONSIBILITY

CRS 42-7-408. Proof of financial responsibility - methods of giving proof - duration - exception
        (1)(a) Proof of financial responsibility for the future, when required under this article, may be given by the following alternate methods: 
                    (I) Proof that a policy of liability insurance has been obtained and is in full force and effect or that a bond has been duly executed or that deposit has been made of money; or 
                    (II) Securities as provided in section 42-7-418. 
            (b) Proof of financial responsibility for the future in the amounts provided in section 42-7-103 (14) shall be maintained for three years from the date last required and shall be furnished for each motor vehicle registered during that period; except that, if during such three-year period the insured has not been licensed to drive pursuant to this title, the insured shall be credited with the non-licensed time toward the three-year period.
            (c) Notwithstanding the three-year requirement in paragraph (b) of this subsection (1):
                    (I) If an insured has been found guilty of a driving offense pursuant to section 42-4-1301 (1) or (2) (a) or if the insured's license has been revoked pursuant to section 42-2-126, other than a revocation under section 42-2-126 (2) (a) (I.5) or (2) (a) (IV), only one time and no accident was involved in such offense, proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint, up to a maximum of three years. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
                    (II) If an insured has been found guilty of a second or subsequent offense of driving with an alcohol content of at least 0.02 but not more than 0.05 while under twenty-one years of age under section 42-4-1301 (2) (a.5) or if the insured's driver's license has been revoked because of a second or subsequent offense pursuant to section 42-2-126 (2) (a) (I.5) or (2) (a) (IV), proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
        (2) The term of the policy of liability insurance or the bond submitted as proof of financial responsibility for the future shall be for a minimum of three months.
        (3) If an insured's driver's license is cancelled pursuant to section 42-2-125 (4), and after such cancellation neither a court of competent jurisdiction nor an administrative hearing officer determines that the charges have been proved, the insured shall not be required to comply with the proof of financial responsibility requirements stated in this section.
        (4) If at any time when insurance is required to be maintained in accordance with section 42-4-1409 or this article it is not so maintained or becomes invalid, the director shall suspend the driver's license of the person who has not maintained the required insurance and shall not reinstate the license of such person until future proof of financial responsibility is provided in accordance with section 42-7-406 (1).
        (5) Repealed.
        (6)(a) Upon receipt of evidence from an agency of another state or foreign jurisdiction that a former Colorado resident has obtained a license in such state or foreign jurisdiction, the director shall suspend the requirement for proof of financial responsibility for the future until such time as the former resident has made application for a new Colorado license.
            (b) If such former resident makes application for a Colorado driver's license, the director shall reinstate the requirement for proof of financial responsibility for the future until such time as the original requirement to maintain proof of financial responsibility for the future has expired.

DMV PROCEEDINGS & DRIVER LICENSE MATTERS 
LOSS OF COLORADO DRIVING PRIVILEGES
DMV Hearing Defense DMV Appeal

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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GUSTAFSON LAW OFFICE

 

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Robert D. Gustafson, Attorney at Law
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I welcome representation inquiries
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I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.

 

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if you are seeking the below
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sole practitioner attorney does not accept these matters
 

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MID-LITIGATION REPRESENTATION
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Attorney Policies
Litigant Pro Se - Driver's Attempt to Prepare Own Defense at License Hearing

1.  Adequate Time.  If sufficient time exists to adequately prepare your driver's license defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept license 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 defense before a DOR license suspension or revocation hearing, 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 license hearing.  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.  DOR hearings are set quickly - continuance requests on the basis of driver delay in retaining counsel are routinely denied.  Please be aware that after other counsel's withdrawal it may be difficult for a new attorney to prepare your defense in time for hearing.  Please also be aware fees and costs will be associated with procuring DMV files or court files 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 license defense, 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 defense before a driver's license hearing, 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 driver's license adverse action proceedings.  I decline.

 
 
DMV APPEAL TO DISTRICT COURT OR COLORADO COURT OF APPEALS

Appeal.  Attorney welcomes DOR license suspension or revocation appeals to the District Court or to the Colorado Court of Appeals From the DMV Appeal Webpage Index, site visitors may find information regarding procedures anticipated in a DMV appeal.  If the attorney provided representation at the DOR hearing, he is familiar with the facts, testimony and exhibits received into evidence at hearing and meritorious issues for appeal.  Retaining counsel who did not provide DOR hearing representation requires a bit more familiarization by counsel.  Please refer to:

FIRST CONSULTATION AND DMV APPELLATE CASE PRELIMINARY REVIEW
 
 

Attorney Trade Area and Travel
CASES OUTSIDE EL PASO COUNTY

GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS

Colorado is a big state.

Ease of internet access, email and toll free phone doesn't change that fact. Due to the limited nature of DMV hearing defense, it is not economically justifiable for a client to pay DMV hearing travel time or expenses outside El Paso County.

DMV hearing defense - limited trade area

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

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.

DMV APPEALS
Southern Colorado Area

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

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