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GUSTAFSON
LAW
OFFICE
COLORADO SPRINGS DRIVING UNDER RESTRAINT
DEFENSE
COLORADO SUSPENSION, REVOCATION OR DENIAL
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WELCOME |
Phone (719)
260-1002 |
Fax
(719) 260-1003
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perhaps I will become your attorney
Address
* Maps
* Directions
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Robert D.
Gustafson * Attorney at Law * Colorado Springs
Business Hours
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Attorney
Availability
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Trade Area
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Toll Free (800)
410-1002
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COLORADO
SPRINGS DRIVING UNDER RESTRAINT DEFENSE
COLORADO SPRINGS DRIVING UNDER SUSPENSION - DUS
DRIVING UNDER REVOCATION - DUR
DRIVING UNDER DENIAL - DUD
DRIVING AFTER REVOCATION PROHIBITED - DARP
Colorado traffic & criminal trial practice 25+ years Colorado State Courts
& Colorado Springs Municipal Court |
|
GENERAL
INFO |
RIGHT
TO SILENCE |
SEARCH
& SEIZURE |
BAIL BOND |
DEFINITIONS |
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COURT
PROCEEDINGS - MISDEMEANOR |
COURT
PROCEEDINGS - FELONY |
DRIVING
UNDER RESTRAINT PENALTY
NON ALCOHOL
Suspension, Revocation or Denial
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DRIVING
AFTER REVOCATION PROHIBITED PENALTY
HABITUAL
OFFENDER
Suspension, Revocation or Denial
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DRIVING
UNDER RESTRAINT PENALTY
ALCOHOL
Suspension, Revocation or Denial
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DARP
NOT AGGRAVATED
NEW OFFENSE DOES NOT INCLUDE
alcohol, reckless driving, eluding, or
hit & run
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DRIVING
UNDER RESTRAINT PENALTY
INSURANCE TERM REVOCATION
Failure to Carry SR-22 Insurance |
DARP
AGGRAVATED
NEW OFFENSE DOES INCLUDE
alcohol, reckless driving, eluding, or
hit & run
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DUR &
DARP PENALTY
Emergency - Jail Avoidance |
VEHICLE
FORFEITURE
Legislative Debate |
RELEVANT
STATUTES
Charges & DMV Actions |
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ATTORNEYS
FEES AND COSTS |
DO I NEED AN ATTORNEY? |
SERVICE
PROVIDERS |
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ATTORNEY
POLICIES
Cases Outside Colorado
Springs - Travel
No Pro Bono Assistance
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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 |
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FIRST CONSULTATION - NOTICE |
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Attorney
welcomes representation
inquiries however the purpose is
not to provide free legal advice to the general public. Unless
seeking to retain counsel, please do not email or call. Attorney
does not provide legal opinions, answers or information in response to
questions submitted from non-clients, & attorney is not the phone company
411 center for phone number information. Given the scope of internet
accessibility, I can not be the free "Colorado answer man" and will
politely decline such requests. |
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Driving under restraint cases occur across Colorado - please refer to
attorney travel. |
Travel Policies & Trade Area
* Itemized
Travel Expenses
* Colorado Map |
common fees
have been quoted and information provided
attorney is prepared to provide legal representation |
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attorney
comparison is understandable, but before calling
please be
prepared to retain if I am counsel of your choice |
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Colorado Driving Under Restraint DUR & Driving Under Suspension DUS & Driving Under Denial DUD
and
Driving after Revocation Prohibited DARP - Colorado Springs traffic &
criminal defense attorney
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If your license is presently
suspended, revoked or denied, there is very good reason to immediately stop
driving until you are reinstated, in possession of a valid license and
properly insured.
If a defendant is presently charged with
driving under restraint and is currently eligible to reinstate and obtain a
valid license it is advisable to do so immediately. Passage of time and
being eligible for reinstatement is insufficient. A DMV suspension,
revocation or denial order is for a time certain, but continues forever
until the driver takes affirmative action to become reinstated and licensed or
obtain a DMV clearance letter. Every driver should act immediately before
incurring additional criminal charges.

| RIGHT
TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make
any statements whatsoever to any law enforcement officer, prosecutor, witness,
the alleged victim, an insurance adjuster or any other third person.
Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. In some circumstances, no statutory
privilege exists with respect to medical providers (doctor, nurse, etc),
counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse
(husband, wife) - only the attorney-client privilege exists. Consult with your attorney before
talking.

DRIVING UNDER
RESTRAINT DEFENSE
DRIVING AFTER REVOCATION PROHIBITED
COURT
PROCEEDINGS
TRAFFIC - MISDEMEANOR OFFENSE |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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State Court Traffic Offense - Information
& Procedures
court costs $18 + victim compensation
fund "sin tax" would be in addition to the fines
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State
Statutes - CRS |
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| Adult |
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| CRS
42-4-1701 |
Traffic Offenses & Infractions Classified - Penalties |
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CRS 42-2-127 |
Authority to Suspend or Deny License - Type of
Conviction - Points |
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Minors |
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| CRS 19-2-104(1)(a)(I) |
County
court and district court concurrent jurisdiction with juvenile court |
| CRS 19-2-104(1)(a)(I) |
State traffic violations - minor treated as an adult |
| CRS
42-4-1706 |
Detention to be in a juvenile facility |
1. Jail. Driving under
restraint traffic offenses are misdemeanor criminal charges and carry mandatory jail
in addition to fine, court costs, points and other conditions as may be
specified by statute or are reasonably related to rehabilitation.
Statutory minimum and maximum amounts of jail depend upon whether alcohol (DUI,
DEAC or DWAI
) conviction entered in any offense underlying the suspension,
revocation or denial. See below explanations.
2.
BAIL
BOND. If you were booked into
jail, you have likely bonded since you are looking at this webpage.
Alternatively you have a loved one currently sitting in jail shortly
after an arrest.
Pending trial, the fasted way to get out of jail is to procure a bail
bond. Refer to the
BAIL
BOND page for additional information.
3. Court Appointed
Counsel
a. If jail may be imposed for any
period, including offenses less than 6 months jail, the state has an obligation to
appoint an attorney for an indigent (poor) defendant. An
indigent defendant has a constitutional right to appointed counsel "only
when, if he loses, he may be deprived of his physical liberty." Lassiter
v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68
L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct.
2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d
1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of
crimes if imprisonment may be imposed).
b. The defendant may not choose
his / her own lawyer. When an appointment is made, the court appoints the
Public Defender's
Office and if there is a conflict due to multiple defendants, the court
a member of the private defense bar who has contracted with the state for court
appointments.
c. If the prosecutor
waives jail, the state's obligation to provide counsel is negated. When an indigent defendant
is not actually sentenced to a term of imprisonment, due process does not
require the appointment of counsel. See Scott v. Illinois, 440 U.S. 367,
99 S.Ct. 1158, 59 L.Ed.2d 383 (1979). This could happen by reduction of
the charge and waiver of jail by the prosecution.
4. First Appearance.
a. The ticket is the charging document and advises defendant of the charges filed.
The ticket contains a date and time
defendant must appear in court for
first appearance, where defendant will be advised of the nature of the charges and
possible penalties. At that time defendant will also be asked how he / she wishes to
proceed with his / her case. If defendant fails to appear, a warrant will be issued for
his / her arrest. If this office has been hired, the attorney will take care of the first
appearance for the client, and the client need not appear in Court unless I notify
the client.
b. We are all human -
periodically the law enforcement officer(s) make(s) an error on the summons.
Some errors are sufficient to deprive the court of jurisdiction to hear the
case. If an error exists, it may be worth making a big ta-do because it
may result in
dismissal
or a more favorable plea offer.
5. Entry of Plea &
Demand for Trial. |
| a. In El Paso County, initial
appearance hearings are held in the First Appearance Center. The case
then transfers to a judge's division. |
| b. Under the
speedy
trial rule, trial must be provided within 6 months from entry of not
guilty plea. |
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Speedy & Public Trial: C.R.Crim.P. 48(b), CRS 18-1-405, Article
II Section 16 of the Colorado Constitution and Amendment 6 to
the U.S. Constitution. See also 4th, 5th & 14th Amendments
to the U.S. Constitution, and Article II, Sections 7, 18 & 25 of
the Colorado Constitution |
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Speedy trial commences on the date of filing the not guilty
plea. Harrison v. District Court, 192 Colo. 351, 559 P.2d
225 (1977), Rodman v. Adams County Court, 694 P.2d 871
(Colo. App. 1984). This can become important as to speedy
trial expiration if the case is transferred to division and
advisement + oral not guilty plea is delayed. |
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c. Demand must be made for jury
trial: |
| 1. Misdemeanor offense cases
- not guilty plea entered |
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a. Jury trial is free if jail may be imposed in excess of
6 months upon conviction of any charge.. |
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b. If potential jail is limited to 6 months or less for
each charge, a jury demand must be accompanied by a $25
jury deposit within 10 days from entry of the not
guilty plea. CRS
16-10-109, C.R.Crim.P. 23. Although local
county court judges will likely grant a jury demand
without payment of the jury deposit, absent timely
jury deposit payment, prosecutors may take the
issue to the district court seeking a writ of
prohibition. In the likely event of adverse
ruling, subsequent jury deposit payment would be
outside the 10 day limitation and jury trial right
would be lost. This attorney will timely pay the
jury deposit to avoid the issue and preserve the
client's right to jury trial. |
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c. Standard number of jurors is 6, defendant may request 3
jurors. C.R.Crim.P. 23, Colorado Constitution
Article 2 §§16, 23, CRS 16-10-101, CRS 18-1-406 |
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| 2.
Petty offense cases - not guilty plea entered |
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a. Petty offenses are crimes or offenses
punishable not in excess of imprisonment for six months and a
fine of not more than $500, or a combination of imprisonment and
fine within such limits. Robran v. People,
173 Colo. 378 (Colo. 1971); Austin v. City and County of Denver, 170
Colo. 448, 462 P.2d 600 (Colo. 1969) |
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b. There is no constitutional right to a jury
trial for a petty offense. |
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c. The statutory right to jury trial in a petty offense is established in
CRS 16-10-109, however the statute identifies petty offenses as an offense classified as a
petty offense or defined as an offense which is punishable by imprisonment other
than in a correctional facility for not more than six months, or by a fine of
not more than five hundred dollars, or by both such imprisonment and fine.
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d. Based upon statutory limitations of potential jail not
more than 6 months, a jury demand must be accompanied
by a $25 jury deposit within 10 days from entry of the
not guilty plea. CRS
16-10-109, C.R.Crim.P. 23. Refer to ¶3(c)(1)
above regarding timely payment. |
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e. Standard number of jurors is
3, defendant may request 6
jurors. C.R.Crim.P. 23, Colorado Constitution
Article 2 §§16, 23, CRS 16-10-101, CRS 18-1-406
Counsel requests 6 jurors. |
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d. The right to jury trial is an important right which should
never be waived unless for tactical reasons after consulting with
counsel.
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6.
No Pre-Trial Conference.
Pursuant to Colorado Supreme Court Chief Justice Directive 08-05 (benchmarks)
which pertains to delay prevention, performance review of judges and
retention (judge's jobs), in May, 2008 the courts in El Paso County again changed policy. DUI,
traffic offense and misdemeanor cases are no longer set for pre-trial
conference. At the time of first appearance, attorney cases are now
set for contested proceedings - subpoena duces tecum return, motion hearing,
readiness hearing and jury trial. Courts will not set motions hearing
absent filing of a motion, therefore an initial motion to suppress will be
filed with entry of appearance. Prior to contested hearing dates, the
defense attorney may negotiate with prosecutors to discuss possible alternatives and attempt to reach an
agreement to dispose of the case. This is called plea bargaining. Clients have inquired "What's a
deferred sentence?" Refer to the link for information.
Are prosecutors concerned with their
statistics? If a plea bargain is obtained which is
acceptable to the client, the case is dismissed or set for sentencing. If a plea
bargain is not obtained which is acceptable to the client, the case is set for motion
hearings or trial, or both. Locally the courts require a defendant's presence
unless an out of state resident. Offer of flat dismissal is unlikely in
most cases. The goal
is to procure a disposition with which the defendant can live, e.g. not going
to
jail or not
losing
the driver's license, or perhaps a
deferred
sentence to a lesser charge which would not be reflected on the consumer
driving
abstract. Other than flat dismissal or not guilty verdict,
deferred
sentence to a lesser charge is the only disposition which will avoid
one additional year loss of driving privileges.
If a plea bargain is obtained which is acceptable to the client, contested
hearings are vacated and the case is
dismissed or set for sentencing. If a plea bargain is not obtained
which is acceptable to the client, the case continues to contested hearings
and trial. Locally the courts require a defendant's presence unless an
out of state resident. |
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a. Local courts are setting trial dates 60 days out from
initial appearance - similar to
domestic violence fast track.
This is a form of docket control for the courts.
Convenient for those who set policy, but in fairness, El Paso
County Court is inundated with cases. |
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b. This court policy places a heavy burden upon defense
counsel and defendants. Plea negotiations should not take
place until the attorney has an understanding of the case -
receipt of a copy of the DA Office file (which includes summons
& complaint(s) law enforcement officer notes and reports,
accident report, Colorado driving record & witness list), plus client factual interview and receipt of driving
records. If an alcohol charge is alleged, discovery to be
procured includes roadside sobriety checklist, lab reports, DOH
lab certifications and defense counsel blood BAC re-test by
independent laboratory. If a driving under restraint
charge is included, discovery to be procured includes a
DMV
discovery packet & file. This takes time. If the case can not be
settled, a very short window exists for investigator interviews
and for counsel to file supplemental motions & briefs, witness
endorsements, exhibit endorsements, jury instructions, and
theory of defense. The court may not grant continuance of
hearings. |
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c. Even though contested proceedings are set, attorney
settlement fees may be quoted. If the client rejects the
plea offer, trial
fees and costs will be due at the time client
elects to proceed to trial - no exceptions. Cases will
proceed to jury trial within 2 months from initial court
appearance. Be aware of this very short window of time.
Counsel will approach cases outside of El Paso County similarly. |
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d. Given the short amount of time between initial
appearance and trial setting, this attorney would prefer to
prepare each case for trial at the outset. Since this is a
new policy, counsel will give it an opportunity to see how
timing works, but the court policy may simply result in the need
for trial preparation in each case at the time of representation
commencement. Settlement fees may become a thing of the
past. |
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7.
Motions Hearings.
Counsel may file any of several motions available. Traffic most common
motions:
a.
Discovery Motion.
This is a request to discover information in order to prepare an adequate
defense
b.
Motion in Limine.
This is a motion to exclude evidence from trial on the basis of
evidentiary or statutory grounds. If
DUI,
DEAC or
DWAI
is also charged, an example would be a
breath or blood test
which is not defendant's but mislabeled; and which could prejudice the jury
without having any importance on the issue of guilt or innocence.
Another example would be
an attack upon a
radar gun
which was not property
maintained,
operated or
tested by
tuning forks
if speeding were also charged. Unreliable DMV notice mailing log books
could also by the subject of a motion in limine.
c.
Motion to Suppress.
This is a motion to exclude evidence from trial on the basis of
violation of constitutional rights. An example would be a random stop
for the purpose of an evidentiary fishing expedition. Absent probable cause (reason to
believe defendant engaged in a crime) for the stop or arrest, evidence obtained
therefrom may not be used against defendant. Similarly, forced
confessions or statements may not be used. There are many other arguments
which may be available in traffic cases. With limited exceptions,
defendant must be present in court for motion
hearings.
8.
Trial.
At a trial, guilt or innocence ill be determined, and it must be decided
unanimously (all jurors agree). Every defendant has the right to a trial by jury of 6 persons, or to the
judge alone. The right to trial by jury should never be waived (given
away) without
advice of counsel; it is an important right. At trial, the prosecution must
prove each and every element of the crime(s) charged beyond a reasonable
doubt. Every defendant is presumed innocent unless and until the prosecution proves
guilt beyond a reasonable doubt. Every defendant may remain silent, or may testify if
he / she chooses. Defense may call
witnesses and make them come to court by subpoena. Every defendant may confront and
cross-examine witnesses against him / her. A trial on a traffic offense charge is a criminal
trial with all rights attached. If defendant is found not guilty, the case is
concluded. If defendant is found guilty of any charge, including a lesser charge
(e.g. reckless driving charge convicted of careless driving), the case is set for sentencing. Defendant must be present in court for a
trial. Under some circumstances, the court may proceed to trial without
the presence of the defendant, but that's a bad idea from defense
perspective.
9. Sentencing: DUR offenses carry
mandatory jail - see below. The court may impose jail, fine, court
costs and prosecution costs as provided by statutes. Law requires every
defendant make restitution (make the victim whole). As a condition of
probation, the court may also impose any other condition reasonably related to
rehabilitation. e.g.
traffic
safety class,
useful
public service, or if an alcohol related factual basis,
alcohol
education or therapy,
Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and
monitored abstinence or
drug
treatment.
Points
are assessed for traffic offenses. Based upon
points
reported by the
court,
the
DMV may take
adverse action against Colorado driving privileges. DUR carries no points,
just one additional year loss of license which must run consecutive (back to
back) with any other license loss.
Habitual
offender status may even be a possibility - that can occur from too many
speeding or other minor infraction tickets. DUR is a major
violation for purposes of the
habitual
offender statute. Regarding alcohol related basis for underlying
license loss, refer to
vehicle
forfeiture
- new legislation pending.
10. Preparation
for Sentencing.
In a criminal traffic case, counsel
looks for facts which may lead to dismissal of charges or not guilty
verdict. Plea negotiations are affected by weaknesses in the
DA's
case.
"Shoot for the
best - plan for the worst." It is also wise to plan for
other contingencies; conviction of an offense or infraction. Anticipating you may
subsequently face a judge, to prepare for the most favorable sentencing
result a defendant should immediately commence 100 hours
useful
public service and a Level B or
Level II
traffic
safety class. That will also aid negotiations.
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| COURT
PROCEEDINGS - FELONY OFFENSE |
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Felony cases are similar to misdemeanor procedures noted above, except for a few
differences. The defendant is advised in County Court, then in El Paso
County the case is transferred to District Court for advisement about a week
later. All proceedings transpire in District Court. In other
counties, preliminary proceedings may be held in County Court, and the case is
transferred to District Court at a later time.
In felony cases, proceedings are held in the division courtroom; the First
Appearance Center is not utilized for felony matters. No specific dates
are set for negotiation between a
Deputy
DA
and defense counsel or defendant as happens in misdemeanor cases (pre-trial
conference.) The court may set a case over for further proceedings, and
negotiations are frequently conducted at the
District
Attorney's Office or by phone. On the return date, the parties
advise the court of status (settled, settlement pending or disposition
unlikely.) The court will then set another further proceedings uncontested
court date, or will set motions hearing and trial dates. Negotiations will
likely be affected by the strengths or weaknesses of the
District
Attorney's case and what efforts, if any, defendant has made toward
useful
public service and / or
traffic
safety class, although those defendant remedial efforts are less likely
to have an impact on a felony disposition than on a misdemeanor
disposition.
DARP is not sufficiently serious to merit a preliminary hearing. Contested
cases are therefore set for motions hearing and jury trial. In a felony
case, a defendant is entitled to a jury of 12 whereas a misdemeanor is entitled
to 6 jurors at the most.
In both felony and misdemeanor offenses, at trial the prosecutors must prove
each and every element of the offense charged beyond a reasonable doubt, and the
jury must return a unanimous verdict. Misdemeanor offenses carry county
jail as a possible consequence. Felony offenses carry state penitentiary
longer periods of incarceration as a possible consequence.


DRIVING UNDER
RESTRAINT DEFENSE
PENALTY
DRIVING UNDER RESTRAINT
TRAFFIC - MISDEMEANOR OFFENSE |
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SUSPENSION * REVOCATION * DENIAL
-
NOT
ALCOHOL RELATED |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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Colorado driver's
license or Colorado driving privileges are suspended, revoked or denied as
a result of conviction of non-alcohol related offenses, and the driver is
subsequently
arrested on a charge of driving under restraint - suspension, revocation or
denial:
CRIMINAL PENALTY
FINE: Minimum $50 -
Maximum $500
JAIL: Mandatory
minimum 5 days -
6 months maximum
" 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"
CRS 42-2-138
PENALTY AGAINST DRIVING
PRIVILEGES:
Any moving
violation or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS 42-2-138

DRIVING UNDER
RESTRAINT DEFENSE
PENALTY
DRIVING UNDER RESTRAINT
TRAFFIC - MISDEMEANOR OFFENSE |
|
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ALCOHOL RELATED
SUSPENSION * REVOCATION * DENIAL |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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Colorado driver's
license or Colorado driving privileges are suspended, revoked or denied as
a result of conviction of alcohol related offenses, and/or driving privileges
have been revoked for excessive alcohol content or refusing a chemical test and
the driver is subsequently
arrested on a charge of driving under restraint - suspension, revocation or
denial:
BAIL BOND PENDING FINAL
DISPOSITION - read the statutes - it's real
Persistent Drunk
Driver Statutes (PDDS)
Suspect must be booked into
jail
Suspect must be held overnight until
advised by a judge
Statutory
bail bond
is $10,000 CRS 16-4-103(b)
Premium to a
bondsman would be $1,500, plus collateral for the bond is likely.
CRS
42-1-102, CRS
16-4-103, CRS
12-7-108
PDDS is relatively new
and many law enforcement officers are as yet unaware
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Relevant
Statutes
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CRIMINAL PENALTY
FINE: Minimum $500 -
Maximum $1,000
JAIL: Mandatory
minimum 30 days - 1 year maximum
" 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"
CRS 42-2-138
PENALTY AGAINST DRIVING
PRIVILEGES:
Any moving
violation conviction or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS 42-2-138
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VEHICLE
FORFEITURE
legislative debate
On January 12, 2005
Senate
Bill 05-018 was introduced into the Colorado State Legislature which would
have resulted in
forfeiture of a defendant's vehicle under the following circumstances.
-
Driving under restraint
conviction,
CRS 42-2-138 (charges not uncommon in conjunction with
DUI)
-
Prior
license revocation under
CRS 42-2-125 arising from one or more below convictions:
Vehicular homicide involving
alcohol or drugs
Vehicular assault involving
alcohol or drugs
Driving under the influence of a
controlled substance or while habitual user of substance
DUI,
DWAI or
DEAC second within 5
years
DUI,
DWAI,
DEAC
or "baby
DUI" by person under age 21
DUI,
DWAI or
DEAC
3rd or subsequent within a
lifetime
As written, the bill did not require a separate forfeiture action, but would
have permitted the court, upon prosecutorial request, to order forfeiture at
sentencing
or as a condition of
deferred
sentence. Absent a separate forfeiture
proceeding, nuisance allegation, notice and opportunity to be heard, it is
likely the law would have been challenged in the Colorado appellate courts - particularly
in light of the monetary value of motor vehicles. Jurisdictional limits of
county court may also have been an issue. Be that as it may, no defendant wants
to make new appellate law - that's expensive. This proposed forfeiture law
applied to an
owner - operator, or vehicles not owned by the operator if the owner gave
consent for the operator to drive. The proposed law didn't place any
burden on the state to establish that the separate owner had knowledge of the
operator's consumption of alcohol or sobriety, merely that the separate owner
gave permission for the operator to drive the vehicle.
Put another way to be clear in layman terms, forfeiture is an involuntary give
away of your motor vehicle. On April 29, 2005 the bill was postponed
indefinitely in the House Committee on Judiciary.
When the family car transportation is lost as an adjunct to alcohol, job loss
and dissolution of marriage
are foreseeable potential collateral consequences. The Colorado legislature is getting
tough on
alcohol related traffic offenses, and has considered delving painfully deep into the pocket
book of offenders. This may have been an attempt to fill the state
coffers, may have been in response to "Fatal
Fall 2004" underage alcohol deaths or may have been an attempt to deter alcohol related
traffic injuries and fatalities. Regardless of the legislature's motive,
forfeiture would be an enormous revenue
source for the State of Colorado. Similar to the large cigarette tax hike
approved by voters in 11/04 elections, vehicle forfeiture may be publicly perceived as a significant "sin
tax" and therefore the issue may arise again.


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PENALTY
DRIVING AFTER REVOCATION PROHIBITED - DARP
HABITUAL OFFENDER SUSPENSION, REVOCATION OR DENIAL |
Colorado driver's
license or Colorado driving privileges have been revoked or denied as
a result of DOR ruling that the driver is an habitual traffic offender.
For information regarding the habitual traffic offender process, refer to
Habitual
Traffic Offender
Defendant has been arrested
for allegedly operating a motor vehicle during a period his / her Colorado
driving privileges have been revoked or denied as habitual traffic offender.
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DRIVING UNDER
RESTRAINT DEFENSE
PENALTY - DARP
DRIVING AFTER
REVOCATION PROHIBITED
TRAFFIC -
MISDEMEANOR OFFENSE |
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HABITUAL OFFENDER
REVOCATION OR DENIAL |
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NEW OFFENSE
DOES
NOT INCLUDE
ALCOHOL * RECKLESS DRIVING * ELUDING * HIT & RUN |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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BAIL BOND
PENDING FINAL
DISPOSITION - read the statutes - it's real
Persistent Drunk
Driver Statutes (PDDS)
Suspect must be booked into
jail
Suspect must be held overnight until
advised by a judge
Statutory
bail bond
is $10,000 CRS 16-4-103(b)
Premium to a
bondsman would be $1,500, plus collateral for the bond is likely.
CRS
42-1-102, CRS
16-4-103, CRS
12-7-108
PDDS is relatively new
and many law enforcement officers are as yet unaware
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Relevant
Statutes
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CLASS 1 MISDEMEANOR CRIMINAL
PENALTY
FINE: Minimum $500 -
Maximum $5,000
JAIL:
Presumptive
Term: 6 months minimum to 18 months maximum
Mandatory
Minimum: Jail Term - 30 days / Fine - $3,000
" Notwithstanding the provisions of CRS 18-1.3-501, any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in
CRS 18-1.3-501,
The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public
service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph
(II)."
CRS 42-2-206(1)(a)(II), CRS 18-1.3-501, CRS
18-1-106
PENALTY AGAINST DRIVING
PRIVILEGES:
Any moving
violation conviction or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS 42-2-138
Conviction of a major
offense with two prior major offense convictions within seven years
meets the statutory criteria for
habitual
offender status finding and revocation for an additional five
years to run consecutively (back to back) from any other license
loss. So long as convictions remain within the relevant statutory
period, they may be used each time a new conviction enters.
Driver is afforded
notice, hearing and an opportunity to be heard. Refer to
habitual
offender.
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DRIVING UNDER
RESTRAINT DEFENSE
PENALTY -
DARP
DRIVING AFTER REVOCATION PROHIBITED
FELONY OFFENSE |
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HABITUAL OFFENDER
REVOCATION OR DENIAL |
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NEW OFFENSE
DOES INCLUDE
ALCOHOL * RECKLESS DRIVING *
ELUDING * HIT & RUN |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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BAIL BOND
PENDING FINAL
DISPOSITION - read the statutes - it's real
Persistent Drunk
Driver Statutes (PDDS)
Suspect must be booked into
jail
Suspect must be held overnight until
advised by a judge
Statutory
bail bond
is $10,000 CRS 16-4-103(b)
Premium to a
bondsman would be $1,500, plus collateral for the bond is likely.
CRS
42-1-102, CRS
16-4-103, CRS
12-7-108
PDDS is relatively new
and many law enforcement officers are as yet unaware
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Relevant
Statutes
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CLASS 6 FELONY
CRIMINAL PENALTY
FINE: Minimum
$1,000 - Maximum $100,000
PRISON:
Presumptive
Term: Minimum
incarceration of 1 year to the Colorado Department of Corrections
(penitentiary) to presumptive maximum 1 2 years
Aggravated
Term: Presence of statutory aggravating
factors may cause mandatory minimum sentence to be 1 year 3 months up to
maximum of 3 years
Mandatory
Minimum: Jail Term - none provided / Fine - none provided
"Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section
CRS 18-1.3-401"
Individual sentenced pursuant to
CRS 42-2-206(1) may be considered for community correctional program.
People v. Scott, 200 Colo. 365, 615 P.2d 680 (1980).
CRS 42-2-206(1)(b), CRS
18-1.3-401, CRS 18-1-105, CRS
18-1-105(9.5)
Prosecutors may offer a favorable plea disposition if the defendant
pleads straight up to the felony, including minimal or no county
jail. Tempting as it sounds, the problem with that type of a
driving under revocation prohibited disposition is that the person is on
probation for a felony - a significant sentencing enhancer - black widow
waiting in the web waiting for defendant to drive again.
CRS 18-10105(9) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall
require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a
felony. That's 1 year, 3 months - 3 years state penitentiary
time.
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the
felony.
CRS 18-1.3-401(8) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a
felony. That's 1 year, 3 months - 3 years state penitentiary
time.
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the
felony.
PENALTY AGAINST DRIVING
PRIVILEGES
Any moving
violation conviction or point assessment during the period of suspension, revocation or
denial results in license loss automatic extension by one year.
This action is taken
administratively with notice sent to the driver. The driver may
request a hearing.
The additional year must
run consecutive (back to back), not concurrent (at the same time) with
any other license adverse action. Simply put - a driver loses his
/ her license for one additional year - no room for negotiation.
This includes action
taken if the Colorado DMV FRA Section (Financial Responsibility Act)
receives a report of a motor vehicle accident from local law enforcement
or from a third party driving involved in the accident.
CRS 42-2-138
Conviction of a major
offense with two prior major offense convictions within seven years
meets the statutory criteria for
habitual
offender status finding and revocation for an additional five
years to run consecutively (back to back) from any other license
loss. So long as convictions remain within the relevant statutory
period, they may be used each time a new conviction enters.
Driver is afforded
notice, hearing and an opportunity to be heard. Refer to
habitual
offender.
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DARP
OFFENSE & CLASSIFICATION STATUTE
CRS 42-2-206. Driving after
revocation prohibited.
State
Statutes - CRS
(1)(a) (I) It is unlawful for any
person to operate any motor vehicle in this state while the revocation of the
department prohibiting the operation remains in effect. Any person found to be
an habitual offender, who operates a motor vehicle in this state while the
revocation of the department prohibiting such operation is in effect, commits a
class 1 misdemeanor.
(II) Notwithstanding the provisions of section 18-1.3-501, C.R.S., any person
convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced
to a mandatory minimum term of imprisonment in the county jail for thirty days,
or a mandatory minimum fine of three thousand dollars, or both. The minimum jail
sentence and fine required by this subparagraph (II) shall be in addition to any
other penalty provided in section 18-1.3-501, C.R.S. The court may suspend all
or a portion of the mandatory jail sentence or fine if the defendant
successfully completes no less than forty hours, and no greater than three
hundred hours, of useful public service. In no event shall the court sentence
the convicted person to probation. Upon the defendant's successful
completion of the useful public service, the court shall vacate the suspended
sentence. In the event the defendant fails or refuses to complete the useful
public service ordered, the court shall impose the jail sentence, fine, or both,
as required under this subparagraph (II).
(b) (I) A person commits the crime of aggravated driving with a revoked license
if he or she is found to be an habitual offender and thereafter operates a motor
vehicle in this state while the revocation of the department prohibiting such
operation is in effect and, as a part of the same criminal episode, also commits
any of the following offenses:
(A) Driving under the influence, as described in section 42-4-1301(1)(a);
(B) Driving while ability impaired, as described in section 42-4-1301(1)(b);
(C) Reckless driving, as described in section 42-4-1401;
(D) Eluding or attempting to elude a police officer, as described in section
42-4-1413;
(E) Violation of any of the requirements specified for accidents and accident
reports in sections 42-4-1601 to 42-4-1606; or
(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
(II) Aggravated driving with a revoked license is a class 6 felony, punishable
as provided in section 18-1.3-401, C.R.S.
(2) For the purpose of enforcing this
section in any case in which the accused is charged with driving a motor vehicle
while such person's license, permit, or privilege to drive is revoked or is
charged with driving without a license, the court, before hearing such charges,
shall require the district attorney to determine whether such person has been
determined to be an habitual offender and by reason of such determination is
barred from operating a motor vehicle on the highways of this state. If the
district attorney determines that the accused has been so held, the district
attorney shall cause the appropriate criminal charges to be lodged against the
accused.
DEFINITIONS
- COLORADO STATE COURTS
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SUMMARY
If a person who was determined to
be habitual traffic offender is caught driving before reinstatement, he or she
will be charged with driving after revocation prohibited. Depending upon the
circumstances at the time of the stop, that may be:
Misdemeanor charge -county jail
possible: (current charge non-aggravated)
Presumptive county jail 6 months minimum to 18 months maximum
Mandatory minimum jail term 30 days / Fine $3,000
Can be suspended with 40
- 300 hours public service
Presumptive fine $500 -
$5,000
CRS 42-2-206(1)(a)(II), CRS 18-1.3-501, CRS
18-1-106
Class 6 felony punishable:
(current charge aggravated alcohol related, reckless driving, eluding or hit
& run)
Presumptive Colorado Department of
Corrections (penitentiary) minimum incarceration
1 year to presumptive maximum 1 ½
years
Mandatory minimum jail term: none
Fine $1,000 - $100,000
CRS 42-2-206(1)(b), CRS
18-1.3-401, CRS 18-1-105, CRS
18-1-105(9.5)


DRIVING UNDER
RESTRAINT DEFENSE
PENALTY
DRIVING UNDER RESTRAINT
TRAFFIC - MISDEMEANOR OFFENSE |
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INSURANCE TERM REVOCATION
FAILURE TO CARRY SR-22 INSURANCE |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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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.
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

Driving without getting
caught? refer to Murphy's law.
And Mrs. Murphy adds:
"At the worst possible time."

PENALTY
-
EMERGENCY
POSSIBLE AVOIDANCE OF JAIL |
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DRIVING UNDER RESTRAINT
DRIVING AFTER REVOCATION PROHIBITED
Burden and Standard of Proof + Procedure |
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Each statute makes reference to mandatory jail, 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."
What's this "emergency" stuff all about - who must prove, by how much
evidence, what does it mean, who decides if it really is an emergency, and what effect will that
have on sentencing?
A defendant has the right to
have the state prove every element of an offense beyond a reasonable doubt.
However,
the fact of emergency has no bearing on the establishment of the offense. Its
sole significance is in determining whether an otherwise mandatory sentence may
be suspended or probation granted.
Defendant must prove
the existence of an emergency by a preponderance of the evidence. Information with respect to an alleged emergency is peculiarly within the
knowledge of the defendant. The Colorado Supreme Court has concluded that to require the defendant to prove
emergency does not shift the burden of proof with respect to any fact essential
to the offense charged contrary to the dictates of due process of law.
The due process test for vagueness is commonly expressed as whether a
statute describes prohibited conduct in terms such that men of ordinary intelligence must
necessarily guess as to its meaning and differ as to its application.
"Emergency" has a sufficiently well understood common meaning within the context of
driving
under restraint to be applied by judge or jury without violating due process rights of the defendant.
Existence of an emergency does not affect the criminality of the conduct and
is not as a part of the issue of guilt at trial on driving
under restraint. It does, however, have a
substantial effect on the trial court's discretion in sentencing. The trial
judge at sentencing hearing will make the determination regarding the
existence of an emergency, not the jury at trial.
Even if an emergency is established, the
court retains the discretion to deny probation and suspension of sentence and to
impose any sentence of confinement authorized by statute. Thus the
penalty range is not automatically revised by establishment of an emergency.
Stated another way, the judge is no longer required to impose jail or
penitentiary time, by may do so - it's the judge's call.
People v. McKnight,
200 Colo. 486, 617 P.2d 1178 (Colo. 1980)
Note: Mr. McKnight's driver's license was revoked as an habitual
offender for a period of 5 years on the basis of 3 alcohol traffic
convictions with 7 years - he was age 67 at the time. He was arrested
for a 4th DUI and charged with a DARP prior
version - driving after judgment prohibited
CRS 42-2-206 class 5 felony. Mr.
McKnight appealed from a penitentiary sentence of an
indeterminate term not to exceed five years. Tough sentence on an old
man who claimed he drove for an "emergency" to get his invalid
wife medicine. Case citations in this website appear quite impersonal,
but they represent real people with real problems. DUR / DARP
are serious matters.



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ACCIDENT REPORTS & OTHER DMV FORMS
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 |
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.
Adobe Acrobat Reader version 5 or later is required to view .pdf files
Free Download
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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LOSS OF COLORADO
DRIVING PRIVILEGES |
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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 additional information. |
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DRIVING UNDER
RESTRAINT DEFENSE
DRIVING AFTER REVOCATION PROHIBITED
POTENTIAL DEFENSES
caveat - more law is applicable -
just a brief overview here
MISDEMEANOR AND
FELONY OFFENSES |
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driving under restraint carries
statutory - automatic one year license denial under
CRS 42-2-138 |
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DMV failed to provide lawful
notice of adverse action and defendant didn't have actual knowledge
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Lack of reasonable suspicion for
initial contact by the law enforcement officer
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Lack of probable cause for
arrest or seizure of the defendant's person
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Defendant's admissions the
result of undue influence, duress and coercion - due process violation
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Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
-
Alleged offense did not occur on
public roadway or highway
Private land won't convict
A farmer plowing his field
isn't in trouble until he enters or crosses the roadway
Are shopping mall parking
lots, etc. public or private? - ah ha! - now I get it
-
Identity error
Defendant was not the person
suspended, revoked or denied -
Proper adverse ruling,
but applied to the record of the wrong individual
DMV suspended the wrong
"John Jones" or "Sam Smith" - identity error in
ruling
A third person, not
defendant, was driving a motor vehicle
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Reasonable doubt - state can not
prove
Adverse action had been
taken against the defendant
Defendant was the person
driving
Defendant's actions
constituted "driving"
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Collateral
attack - refer to link for information
Attack convictions
underlying the DMV adverse action
Attack the DMV adverse
action ruling
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Jurisdictional
attack - refer to link for information
Attack the jurisdiction of
the court in the pending criminal case
-
When all else fails:
Trial lawyer's adage:
If the facts are on your
side - pound the facts.
If the law is on your
side - pound the law.
If neither the facts nor
the law are on your side - pound the table !
And if that fails ----
Flip Wilson quote:
"the devil made me do it"
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** NOTE:
Effective December, 2004 public service in El Paso County must be completed under supervision of an
approved
agency with insurance on the worker. The court will not give credit for
public service completed outside supervision and will not accept verification
other than through the supervision agency. Chief judges of other
counties may have instituted similar blanket orders. |
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download |
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Regarding completions forms:
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Current
Clients will be provided with verification forms containing
name and case number.
Current clients may print any
above linked form for individual but not commercial or law office use.
Files are password restricted.
-
Former
Clients and Non-Clients may
print and use any linked verification form identified
in blue.
Former & non-clients do
not have permission to print or otherwise use any linked
verification form identified in red.
This restriction is not any inconvenience - it merely removes my name from
the caption of pleadings and thereby avoids any possible confusion to the
court or prosecutors. Otherwise, the Current
Client or Former Client and Non-Client
forms are the same.
Former & Non-Client limited
permission to forms identified in blue
extends to individual but not commercial or law office use.
-
Use of any form shall
not constitute representation, nor shall it be considered an
appearance of counsel in any litigation
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THIS WEBSITE IS
PUBLISHED AS A COURTESY BY A PRIVATE ATTORNEY
NOT
VIP-MADD,
AA, ALCOHOL EDUCATION PROGRAM OR PUBLIC SERVICE AGENCY
I welcome representation
inquiries, but please don't call thinking this office provides identified
community resources |

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INDEPENDENT SERVICE PROVIDERS |
Where relevant, I utilize
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel.
If retained by counsel as an
agent of the attorney, such independent service providers are bound by the
attorney-client privilege. If retained privately by the client, no such
agency or confidentiality exists.

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DRIVING UNDER RESTRAINT DEFENSE
DO I NEED AN ATTORNEY? |
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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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If you are charged with DUR or
DARP, whether or not
you are eligible for reinstatement, it is advisable to retain competent
legal counsel - all such charges contain jail sentences and law provides for
additional periods of lost driving privileges. In some
circumstances such sanctions may be avoided if the case is properly
handled. You need not retain my services, but hire defense counsel.
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At the time of the first
visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which it is subject to change
without notice if this office has not been retained. 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.
In most circumstances, attorney initially makes an option offer of 1.) billing
to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat
fee or a trial flat fee. Attorney reserves the right to quote hourly
fees only without a flat fee offer, or hourly and trial flat fee options only.
ELECTION.
Offered fee options will be up to the client, however client's initial election will be
final.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first
consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
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POTENTIAL FEE
QUOTE
MISDEMEANOR DUR
- DRIVING UNDER RESTRAINT |
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I generally offer hourly fees or a settlement flat fee. Some first
offense misdemeanor DUR cases
plea bargain and do not proceed to trial. The settlement flat
fee would be dependent upon the facts and circumstances of the case, however
the above would be a common quote absent
collateral
attack. This shall neither constitute an offer, nor
be construed as a binding estimate. |
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DUR second
or subsequent negotiations
would likely involve jail. Plan on the trial flat
fee. |
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Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote absent
collateral
attack. This shall
neither constitute an offer, nor be construed as a binding estimate.
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frequent
trust deposit request
regarding fees & costs |
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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 trial
flat fee. Similarly, if vehicle forfeiture or if curing out of
state license suspension is involved, attorney would need more
information before quoting a fee.
Legal
research, research time and litigation preparation regarding
forfeiture would increase the above estimates. |
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PAYMENT
Secure
On-Line Payment
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Prior to commencement of
representation, the attorney will quote the amount requested as a trust
deposit against which attorney's fees and costs may be billed. The
requested trust
deposit will be dependent upon the facts and
circumstances of your case.
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Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS
DEPOSIT |
$
1,550
$
575 |
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settlement
common
trust
deposit request
settlement - first misdemeanor
DUR only - not second or subsequent
including attorney's fees & litigation
costs - excluding travel
map *
travel policy - time &
expenses *
travel rates
settlement trust deposit would be
deducted from trial trust deposit
OR |
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Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS
DEPOSIT |
$
3,500
$
975 |
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trial
common
trust
deposit request
including attorney's fees & litigation
costs - excluding travel
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify
map *
travel policy - time &
expenses *
travel rates |
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If eligible for
reinstatement in Colorado at the time attorney is retained
and in the event DMV hearing can be avoided,
quoted court case flat fees will include attorney time
for reinstatement of Colorado driving privileges. |
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misdemeanor DUR
- driving under restraint
*
this
shall not constitute an offer, nor be construed as a binding
estimate |
|
|
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. |
|
trust
deposit for anticipated fees & costs is due when
retained |
|
attorney does not accept installment payments |
|
|
|
|
|
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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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
|
|
| note:
costs change & below cost information may be obsolete |
|
|
| link to Colorado
Judicial Branch website - current costs
information published by state |
|
|
| direct link to
criminal or traffic court costs - costs change &
lists may be obsolete |
|
|
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|
|
| $135.00 |
Toxicology - BAC Ethanol
(alcohol) only |
| 185.00 |
Toxicology
- BAC Ethanol
(alcohol) + NaFl (preservative) |
| 95.00 |
Toxicology
- UA
qualitative toxicology screen for marijuana |
| 620.00 |
Toxicology - UA
quantitative toxicology screen for marijuana |
| 545.00 |
Toxicology
- Substance
quantitative toxicology screen for marijuana |
| 595.00 |
Toxicology
- Qualitative
and quantitative drug screen |
| 720.00 |
Toxicology
- BAC ethanol
(alcohol) + NaFl (preservative) + drug screen |
|
Price |
Client Background Search |
|
Varies |
DMV
Out of
State Driving Record |
| 10.00 |
Accident
Report |
| 20.00 |
Offense
Report |
| 10.00 |
DA
Office
discovery packet -
estimate (actual may be more or less) |
|
25.00 |
State
court jury deposit C.R.Crim.P. 23, CRS
16-10-109 (non-refundable except by acquittal) |
| 10.00 |
Court records search
& copy costs (actual may be more or less) |
| 10.00 |
Copy expense at
courthouse for prior offense files (estimate - may vary) |
| 75.00 |
Public
Service supervision fee |
| 37.50 |
OJW fee to
court
(outstanding judgment warrant) - anticipating Integral Recoveries
collection agency referral costs |
| 60.00 |
DMV reinstatement fee |
| 4.40 |
DMV clearance letter - certified copy
of Colorado driving abstract |
| 500.00 |
Private Investigator
initial retainer - if relevant
variable based upon number of witnesses to interview |
| 200.00 |
Law enforcement 911 /
dispatch records, tapes & transcript - widely variable |
| 200.00 |
Subpoena
process service
expense - depends on number of subpoenas issued |
|
Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
|
Rates |
Travel
time and expenses if the case
is outside Colorado Springs |
|
If the case is complicated, it may 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, but total expense frequently runs
$140 - $200. If
a case is complicated, would also be foreseeable to procure transcripts from prior court cases, DMV
proceedings (if available) and
collaterally
attack prior convictions. It
is not possible to project costs absent a knowledge of the facts surrounding a
given case. |
|
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 |
| |
| |
| ****************************** |
****************************** |
****************************** |
 |
POTENTIAL FEE
QUOTE
DARP -
DRIVING AFTER REVOCATION PROHIBITED |
|
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|
|
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|
|
|
I generally offer hourly fees or a settlement flat fee. Some first
offense misdemeanor DARP cases
plea bargain and do not proceed to trial. The settlement flat
fee would be dependent upon the facts and circumstances of the case, however
the above would be a common quote absent
collateral
attack. This shall neither constitute an offer, nor
be construed as a binding estimate. |
|
Settlement within parameters acceptable to the client diminish with DARP
charges - negotiations would likely involve jail. Plan on the
trial flat fee. |
|
|
Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote absent
collateral
attack.
This shall
neither constitute an offer, nor be construed as a binding estimate.
|
|
frequent
trust deposit request
regarding fees & costs |
|
|
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 trial
flat fee. Similarly, if vehicle forfeiture or if curing out of
state license suspension is involved, attorney would need more
information before quoting a fee.
Legal
research, research time and litigation preparation regarding
forfeiture would increase the above estimates. |
| |
|
|
PAYMENT
Secure
On-Line Payment
|
|
Prior to commencement of
representation, the attorney will quote the amount requested as a trust
deposit against which attorney's fees and costs may be billed. The
requested trust
deposit will be dependent upon the facts and
circumstances of your case.
|
|
|
DARP
- driving after revocation prohibited
*
this
shall not constitute an offer, nor be construed as a binding
estimate |
|
|
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. |
|
trust
deposit for anticipated fees & costs is due when
retained |
|
attorney does not accept installment payments |
|
|
|
|
|
regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
|
|
|
|
COSTS
Out of pocket expenses (costs) are the responsibility of the client.
Refer to costs identified above - follow link.
|
|
In
a DARP case it would be common 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, but total expense
frequently runs $140 - $200.
In
a DARP case, would also be foreseeable to procure transcripts from prior court cases, DMV
proceedings (if available) and
collaterally
attack prior convictions. It
is not possible to project costs absent a knowledge of the facts surrounding a
given case. |
|
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 |
| |
| |
| ****************************** |
****************************** |
****************************** |
 |
POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
*
REVOCATION
*
DENIAL |
|
|
|
|
|
| |
Colorado Springs Attorney Robert D. Gustafson
common quote -
limited flat fee |
$650 |
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 |
|
|
|
|
|
|
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. |
|
|
|
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. |
| |
|
*
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. |
| |
|
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. |
| |
|
|
|
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. |
|
trust
deposit for anticipated fees & costs is due when
retained |
|
attorney does not accept installment payments |
|
|
|
|
|
regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
|
|
|
| |
| |
| ****************************** |
****************************** |
****************************** |

|
ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
|
| |
|
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|
 |
ALTERNATIVES
|
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
|
sole practitioner
attorney does not accept these matters |
|
|
| |
a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
|
|
|
| |
|
MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
|
|
Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
|
1.
Adequate Time. If sufficient time exists to adequately prepare your case and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept 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 your case or defense before a contested
court proceeding, 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 case. 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.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file 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
traffic or criminal case, 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 case or
defense before a contested court proceeding, 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
traffic or criminal case. I decline. |
|
|
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| |
|
| |
POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
|
Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, meritorious issues
& rulings. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client.
|
|
|
|
This
includes plea to
domestic
violence or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
| |
|
Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
|
| |
|
|
|
| |
|
ATTORNEY
TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big
state
ease of internet access, email & toll free phone doesn't change
that fact |
|
| |
|
|
|
|
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. |
|
|
|
|
Southern Colorado Area |
|
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. |
|
| COUNTIES |
CITIES / TOWNS |
|
El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
|
Chaffee
County |
Salida |
|
Crowley
County |
Ordway |
Metro Denver Area |
|
Custer
County |
Westcliffe |
COUNTIES |
CITIES / TOWNS |
|
Douglas
County |
Castle Rock |
City and County of Denver |
Denver |
|
Elbert
County |
Kiowa / Simla |
Adams County |
Brighton / Thornton / Federal
Heights |
|
Fremont
County |
Canon City / Florence / Penrose |
Arapahoe
County
Court
District Court |
Littleton / Centennial /
Englewood |
|
Huerfano County |
Walsenburg |
Arapahoe County - East |
Aurora |
|
Las
Animas County |
Trinidad |
Broomfield County |
Broomfield |
|
Lincoln
County |
Hugo (county seat) / Limon |
Gilpin
County |
Blackhawk / Central City |
|
Otero
County |
La Junta |
Jefferson County |
Golden / Wheat Ridge |
|
Park
County |
Fairplay |
|
|
Pueblo
County |
Pueblo |
|
Teller
County |
Cripple Creek / Woodland Park |
|


| please
feel free to call or email if you are a client or are seeking representation |
|
|
|
FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


|
|
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 |

Copyright © 1983 - All Rights Reserved - Document
Revised: May 18, 2009
no copyright claimed to merchant logo, software logo, '55 police cruiser,
fingerprint, flag, envelope or drawing images
|