GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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CARELESS
DRIVING DEFENSE ** RECKLESS
DRIVING DEFENSE |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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Reckless driving, careless driving, careless
driving resulting in injury, careless driving resulting in death - Colorado
Springs criminal defense lawyer Robert D. Gustafson traffic defense trial
practice 30+ years in Colorado state & municipal courts

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BASIC
INFORMATION
please refer to the below links
for basic information regarding defense of criminal & traffic cases |
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CARELESS DRIVING |
| TRAFFIC OFFENSE
4
Points |
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CRS 42-4-1402. Careless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense. |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points - not applicable to bicycle or
motorized bicycle |
4
Points |
4
Points |
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CARELESS DRIVING |
| TRAFFIC OFFENSE
4
Points |
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10.6.102: Careless Driving
Every person operating a motor vehicle on a highway, street, public way or elsewhere in this City, shall drive the same at a speed and in a manner which is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing; and every driver of a vehicle, in compliance with legal requirements and the duty to use due care, shall use every reasonable means to avoid endangering or colliding with any person, property, vehicle or other conveyance anywhere within the City. (1968 Code §6-6-2; 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 |
4
Points |
4
Points |
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CARELESS DRIVING
RESULTING IN
INJURY OR DEATH |
| TRAFFIC OFFENSE
4
Points |
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state court only - this crime exceeds the jurisdiction of municipal court |
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CRS 42-4-1402. Careless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.
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Definition proximate cause:
CRS does not contain a definition. Proximate cause means an act or failure to act
which in natural and probable sequence produced the claimed injury. It is
a cause without which the claimed injury would not have occurred. COLJI
(Civil) 9:26 Essentially, proximate cause (legal cause) is a "but
for" test. But for this, that result or injury would not have
occurred, and there was neither independent intervening cause (something
else which caused the result or injury) or joint and concurring negligence on
the party of the victim which contributed to the injury.
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Definition bodily injury: Physical pain, illness, or any impairment of physical or mental
condition. There is no degree of pain required as a threshold CRS
18-1-901(3)(C)
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| State Court
Possible Penalties
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Adult |
Minor |
| Jail |
10 days - 1 year |
10 days - 1 year |
| Fine |
$100 - $1,000 |
$100 - $1,000 |
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Points
against Colorado Driving Privileges |
4
Points |
4
Points |
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RECKLESS DRIVING |
| TRAFFIC OFFENSE
8
Points |
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IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic offender
statute.
Refer to
Habitual
Offender page for more information regarding 5 year license loss.
Refer to
Driving
Under Restraint page regarding possible felony consequences for
driving thereafter.
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CRS 42-4-1401. Reckless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment. |
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State Court Possible Penalties
- First Offense
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points - not applicable to bicycle or
motorized bicycle |
8
Points |
8
Points |
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State Court Possible Penalties
- Second+ Offense
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Adult |
Minor |
| Jail |
10 days - 6 months |
10 days - 6 months |
| Fine |
$50 - $1,000 |
$50 - $1,000 |
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Points
- not applicable to bicycle or
motorized bicycle |
8
Points |
8
Points |
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| When the alleged speed is
excessive, reckless driving
may be charged in conjunction with
speeding
tickets. |
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Colorado |
EL PASO COUNTY DISTRICT ATTORNEY POLICY |
State Court |
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based solely upon speeding allegations. |
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As of August, 2010 the El Paso County DA
Office adopted a policy as follows regarding 6 point speeding offenses charged
as 25 - 39 mph over the limit. Prosecutors will agree to reduce 6
point speed to a 4 point traffic infraction speed upon proof of completion
of Level 2 traffic safety class. Early completion of a
traffic safety class,
public service or mitigating
factors such as long term clean driving record are irrelevant - no
DDA discretion is exercised. Reckless driving is a major traffic
offense for habitual offender purposes, adds a layer of complexity
to speeding allegations and increases likelihood of trial. If that DA Office policy of
4 point speeding conviction disposition is
unacceptable to you as a driver and you plan to retain counsel, plan on a
jury
trial with attendant quote of trial fees & costs
which would be payable at the time retained. DDA may stand
upon a 6 or 12 point speeding conviction in plea negotiations;
prosecution policy became more difficult in 2010. Refer to link for
Colorado Traffic Interstate Compact
information. |
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Defense attorneys didn't create this
speeding charge rigid policy - it belongs wholly to the
El Paso County District Attorney Office.
prosecution's policy applies to transients, tourists and residents
alike ** welcome to Colorado and to the Pikes Peak Region |
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TRIAL FEES AND COSTS |
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RECKLESS DRIVING |
| TRAFFIC OFFENSE
8
Points |
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IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic offender
statute.
Refer to
Habitual
Offender page for more information regarding 5 year license loss.
Refer to
Driving
Under Restraint page regarding possible felony consequences for
driving thereafter.
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10.6.101: Reckless Driving
It shall be unlawful for any person to drive any vehicle in this City in
willful or wanton disregard for the safety of persons or property. (1968 Code §6-6-1; Ord. 75-86; Ord. 88-151; 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 |
8
Points |
8
Points |
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NOTE: The previous
version of the Colorado Springs Ordinance (22-6-101) contained a provision that
speeding 55 mph or more in zone of 35 mph or less was prima facie evidence of
reckless driving. In cases of such speed,
CSPD Officers who have been
around awhile may be more likely to charge reckless driving and will more likely
set the case into Municipal Court - the old ordinance created a permissive
presumption for conviction. The presumption is now gone, but memory
persists. |

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Surrounding Area
MUNICIPAL COURTS
CARELESS & RECKLESS
DRIVING DEFENSE |
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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 |
Fairplay Municipal Court
Municipal Court - Fairplay, Colorado |
Broomfield Municipal Court
Municipal Court - Broomfield, Colorado |
Centennial Municipal Court
Municipal Court - Centennial, Colorado |
Florence Municipal Court
Municipal Court - Florence, Colorado |
Fountain Municipal Court
Municipal Court - Fountain,
Colorado |
Englewood Municipal Court
Municipal Court - Englewood, Colorado |
Federal Heights Municipal Court
Municipal Court - Federal Heights, Colorado |
Manitou Springs Municipal Court
Municipal Court - Manitou
Springs, Colorado |
Monument Municipal Court
Municipal Court - Monument, Colorado |
Golden Municipal Court
Municipal Court - Golden, Colorado |
Littleton Municipal Court
Municipal Court - Littleton,
Colorado |
Palmer Lake Municipal Court
Municipal Court - Palmer
Lake, Colorado |
Pueblo Municipal Court
Municipal Court - Pueblo,
Colorado |
Sheridan Municipal Court
Municipal Court - Sheridan,
Colorado |
Thornton Municipal Court
Municipal Court - Thornton, Colorado |
Simla Municipal Court
Municipal Court - Simla,
Colorado |
Woodland Park Municipal Court
Municipal Court - Woodland
Park,
Colorado |
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 charges are filed 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.

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CAN I
REALLY BE CRIMINALLY CHARGED FOR NEGLIGENCE? |
Yes. The statutes have withstood constitutional challenge.
What about the fact I was driving on private property, not a public roadway?
doesn't matter - not a defense

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WHAT
IS THE DIFFERENCE
BETWEEN CARELESS DRIVING & RECKLESS DRIVING? |
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Reckless Driving. One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result.
Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972).
One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). This means
careless driving is a "lesser included offense" of reckless driving,
and if charged with reckless, a defendant may request a jury instruction on
careless. Reckless driving is a "lesser included offense of vehicular
eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997).
Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing.
id.


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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
information. |
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DMV
Addresses and Links |
Driving Abstracts and Records |
DMV Point Structure |
On-Line Colorado Driving
Records |
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Driver License & Hearing Defense |
DMV Appeal |
Legal
Research |
Selected Statutes & Regs |
"Red"
License & Interlock Devices |
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Insurance Actions |
SR-22 Insurance |
Habitual Traffic Offender |
Interstate Compact |
Accident Reports & DMV Forms |
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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 |
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Under Colorado
law, if the insurance information of a driver was not included in a law
enforcement traffic accident report, a
Colorado State 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. |
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Adobe Acrobat Reader
version 5 or later is required to view Colorado DMV forms & CSPD cold report .pdf files
Free Download |
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Colorado State Accident Report
on-line |
Colorado State Accident Report
hardcopy |
Evidence of Insurance |
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FRA - Waiver of Security - Financial Responsibility |
FRA - Release from Liability |
Affidavit of Financial Responsibility |
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Affidavit - Out of State Residency - FRA SR-22 Avoidance |
Promissory Note Contract |
Other
DMV forms |
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Careless driving offense is usually charged when a motor vehicle accident has
occurred. Negligence is a factual determination based upon the
circumstances of the case. Unless the defendant can challenge reasonable
suspicion for the initial contact, frequently the case turns upon factual
argument. Prosecutors usually offer reasonable plea bargains regarding
careless driving and the case need not go to trial.
Reckless
driving is usually charged in cases of excessive speed, especially when combined
with weaving in and out of traffic. It's frequently charged in connection
with a DUI case or a younger driver feeling his oats, and it's not
uncommon a motorcycle was being driven. Reckless driving is more likely to
be charged today than years past due to the proliferation of cell phones and road rage -
a driver got somebody royally pissed off and the other driver called you in.
As with careless driving,
this is a factual circumstance argument the prosecutor won't deal the case and the
defendant can not challenge reasonable suspicion for the initial contact.

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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 |
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CARELESS DRIVING & RECKLESS DRIVING DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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Probably not.
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CARELESS DRIVING
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Unless combined with more serious 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 careless driving
ticket. Retaining counsel is usually not economically justifiable.
Talking to a prosecutor or listening to a plea offer is 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.
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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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CARELESS DRIVING
RESULTING IN INJURY OR DEATH
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You may retain my
services or the services of another attorney, but hire defense counsel.
Succinctly stated.
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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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RECKLESS DRIVING
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Reckless driving is
another story - it is 8
points
and a major offense for
habitual offender purposes + likely
large insurance premium increase or potential cancellation. You
may retain my services or the services of another attorney, but hire
competent defense counsel. |
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If convicted of either
offense, you could anticipate significant 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. |
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ATTORNEY'S
FEES AND COSTS
CARELESS DRIVING
**
RECKLESS DRIVING
Colorado Traffic
Defense and Criminal Defense Trial Practice 30+ Years |
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At the time of the first visit, a prospective
client will be given a quote for fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Fee quote and costs
trust deposit is dependent upon the facts and circumstances of each individual
case. Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
settlement flat fee with trailing trial flat fee 3) trial flat fee only
4) hourly fees or flat fee at client's discretion. Attorney determines
options to be offered. Litigation costs are not included in fees -
client's obligation. 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. Refer to:
a)
first
consultation b)
attorney fees * costs * billings page
c) additional
information.
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POTENTIAL FEE
QUOTE
CARELESS DRIVING TRAFFIC TICKET DEFENSE
STATE COURT OR MUNICIPAL COURT |
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hourly fees may be less than offered flat
fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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CARELESS DRIVING
State Court or Municipal Court
TRIAL OR CONTESTED PROCEEDINGS
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
settlement attorney fees paid would be
deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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* this shall not
constitute an offer, nor be construed as a binding estimate |
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use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility |
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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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Given allegations of careless driving or reckless driving,
it would be prudent to place law enforcement 911 *
dispatch tapes and records, plus other
law enforcement
records under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records. Similarly, it may become prudent to have all law enforcement officers and witnesses interviewed by
a
private investigator. |
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
CARELESS DRIVING RESULTING IN
INJURY OR DEATH |
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Because
relevant facts can vary so widely in careless driving -
injury or death cases, It is not possible to
"ballpark" a flat fee or costs estimate for this type of
case. The attorney
would need to know more about the facts and circumstances
before offering a settlement or trial flat fee quote or an
estimate of litigation costs. |
Costs:
refer to costs identified above;
additional costs likely to be incurred
private investigator fees and costs will significantly exceed that noted in the misdemeanor costs section above |
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use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility |
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hourly fees may be less than offered flat
fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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POTENTIAL FEE
QUOTE
RECKLESS DRIVING TRAFFIC TICKET DEFENSE
STATE COURT OR MUNICIPAL COURT |
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hourly fees may be less than offered flat
fees, however are not capped and more likely may exceed offered flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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RECKLESS DRIVING
State Court or Municipal Court
TRIAL OR CONTESTED PROCEEDINGS
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
settlement attorney fees paid would be
deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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* this shall not
constitute an offer, nor be construed as a binding estimate |
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use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility |
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Costs:
refer to costs identified above;
additional costs likely to be incurred
private investigator fees and costs will likely exceed that noted in the misdemeanor costs section above |
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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
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REVOCATION
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DENIAL |
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Colorado Springs Attorney Robert D. Gustafson
common quote -
limited flat fee |
$750 |
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not applicable to
habitual traffic offender
license
revocation hearing
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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| please
feel free to call or email if you are a client or are seeking representation |
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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 |

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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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MAJOR SEARCH
ENGINES
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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 |
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driving resulting in injury, careless driving resulting in death, vehicle,
felony, misdemeanor, traffic, ticket, traffic ticket, criminal, criminal defense,
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Municipal Court Centennial Colorado, Municipal Court Englewood Colorado,
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Municipal Court Thornton Colorado, Municipal Court Wheat Ridge Colorado,
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Colorado, court, lawyer, attorney |


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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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