SR-22 Insurance
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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
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  COLORADO SR22 INSURANCE INFORMATION

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General Information Statutory Provisions How Did I Get Here? DMV - Insurance Actions
SR-22 Insurance Affidavit - Out of State Driver
SR-22 Avoidance by Out of State Driver
Can I Drop the SR-22 Insurance & Still Drive?
mandatory jail
 

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Driving Under Restraint

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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 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
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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
 

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Website Copyright © 2003 - All Rights Reserved - Document Revised January 30, 2012
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
July 22, 2011

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