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        A driver may be charged with failing to provide evidence of compulsory insurance coverage on a vehicle.  This may be:

a.  owner and operator of the vehicle or owner but not the operator  CRS 42-4-1409(1)
        In 25+ years of practice, I have not personally seen an owner (non-operator) charged with this statutory offense.  I suspect if a non-operator owner were to be charged, it would be under circumstances of significant injuries and damages.
b.  operator but not the owner of the vehicle  CRS 42-4-1409(2)
c.  failure to produce evidence of insurance to the law enforcement officer  CRS 42-4-1409(3)

        If the vehicle was insured, defendant may file a motion to dismiss the compulsory insurance charge with a copy of you evidence of insurance in effect on the date of the stop or appear before a magistrate or judge on the date of the ticket with your evidence of insurance. That is a defense to any one of the above charges - the compulsory insurance charge will be dismissed.  CRS 42-4-1409(6)  This is not complicated - you would not need an attorney.

        If evidence of insurance coverage is not in your possession, you can obtain this information from your insurance company by calling your agent at the time or the insurance company home office. If you were not insured when stopped, obtain coverage immediately and take the insurance binder to court with you.

        Testimony by a law enforcement officer that evidence of insurance was requested, but not produced is sufficient to support a conviction.  CRS 42-4-1409(5)

COMPULSORY INSURANCE - STATE COURT
Colorado State Courts - El Paso County - County Court

CRS 42-4-1409. Compulsory insurance - penalty - repeal.     State Statutes - CRS
        (1) No owner of a motor vehicle required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by CRS 10-4-705 and CRS 10-4-716
        (2) No person shall operate a motor vehicle on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by CRS 10-4-705 and CRS 10-4-716
attorney notation: multiple sections have been omitted or summarized for brevity - refer to statutes for full text

DEFINITIONS - COLORADO STATE COURTS

State Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings.

COMPULSORY INSURANCE - CITY COURT   Colorado Springs - Municipal Court

10.28.101: Compulsory Insurance.     Colorado Springs City Ordinances
        A. Insurance Required; Owner: No owner of a motor vehicle required to be registered in this State shall operate a vehicle or permit it to be operated on the streets and highways when the owner has failed to have a complying policy or certificate of self-insurance in force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
        B. Insurance Required; Operator: No person shall operate any motor vehicle on the streets and highways of this municipality without a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
        C. Present Evidence When Requested: When requested to do so following any lawful traffic contact or during any traffic investigation by a police officer, no owner or operator of a motor vehicle shall fail to present to the requesting officer immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716.
        D. Failure To Present Evidence: Testimony of the failure of any owner or operator of a motor vehicle to present immediate evidence of a complying policy or certificate of self-insurance in full force and effect as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716, when requested to do so by a police officer, shall constitute prima facie evidence, at a trial concerning a violation charge under subsection A, B or C of this section, that the owner or operator of a motor vehicle violated subsection A, B or C of this section.
        E. Penalty:
                1. As determined by the court, upon conviction for a first offense for violating subsection A, B, or C of this section, and with no previous convictions under Colorado Revised Statutes section 42-4-1409 during the previous two (2) years, the court shall impose a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) and, in addition, the court may impose imprisonment not to exceed ninety (90) days. The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
                2. Upon a second or subsequent conviction under this section within a period of two (2) years following a prior conviction under this section or under Colorado Revised Statutes section 42-4-1409, the court shall impose a fine of not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00) and, in addition, the court may impose imprisonment not to exceed ninety (90) days. The minimum fine imposed by this subsection shall be mandatory and the court shall not suspend or waive any portion of the minimum fine.
                3. No person charged with violating subsection A, B or C of this section shall be convicted if the person produces in court a bona fide complying policy or certificate of self-insurance which was in full force and effect, as required by Colorado Revised Statutes sections 10-4-705 and 10-4-716, at the time of the alleged violation.
        F. Affirmation Of Insurance: Upon receipt, the owner of a motor vehicle shall sign and date an affirmation of insurance in the space provided on a vehicle registration described in Colorado Revised Statutes sections 42-3-112(2) and (3). (Ord. 95-169; Ord. 00-61; Ord. 01-42)

DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT

Municipal Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings.

       If compulsory Insurance CRS 42-4-1409 court conviction enters, DMV insurance suspension adverse action treatment is very different, depending upon whether the conviction is for:

        In my opinion, the state legislature finally got one right - and they made it simple.  

1.         Prosecution is simple.  If a law enforcement officer testifies the defendant failed to produce insurance, that is sufficient for conviction.

2.         Defense is simple.  If a defendant can produce to the court evidence of insurance which was in effect for the vehicle and driver on the date of the alleged offense, dismissal is automatic.  Courts or prosecutors frequently verify that the insurance was in effect.

3.         No muss, no fuss in the court proceedings.

4.         Refer to the DMV - Insurance Adverse Actions link for knowledge as to driver's license suspension and SR-22 proof of insurance consequences if you are convicted of a compulsory insurance criminal charge.

5.         The "bad stuff" happens quickly when you have insufficient knowledge of law and procedures.  With the information in this page and DMV - Insurance Adverse Actions page, you may be able to avoid that.

        If defendant was not insured on the date of offense, obtain coverage immediately and take the insurance binder to court with you.  While not a defense to the charge, it will likely affect plea negotiations.

Seizure of Vehicle License Plates - Compulsory Insurance  CRS 42-7-605

        Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a State of Colorado 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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        DMV - State of Colorado Accident Report
        DMV - Evidence of Insurance
        DMV - Affidavit of Financial Responsibility
        DMV - FRA - Release from Liability
        DMV - FRA - Waiver of Security - Financial Responsibility
        DMV - Promissory Note Contract
        DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance
        Other DMV forms

        CSPD Accident Cold Report    due within 72 hours of accident  (large file - please be patient)
                Any person may obtain a hardcopy cold report from the CSPD Police Operations Center

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