Eluding Police
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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
  COLORADO SPRINGS ELUDING POLICE
COLORADO SPRINGS VEHICULAR ELUDING

Email Attorney 

Attorney Vita

Phone (719) 260-1002
Fax (719) 260-1003  **  Toll Free (800) 410-1002
Hours Consultation Terms

Fees & Costs

Retainer Documents Driving Directions Maps to Attorney Travel * Trade Area * Courts
 
 
 

COLORADO SPRINGS
FELONY VEHICULAR ELUDING - COLORADO
MISDEMEANOR ELUDING POLICE - COLORADO

ATTORNEY HOMEPAGE

 

felony vehicular eluding and misdemeanor eluding a police officer
Colorado Springs Criminal Defense Lawyer and Traffic Defense Lawyer
Attorney Trial Practice 30+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

representation inquiries are invited & most welcome ** questions from public seeking free advice or information declined ** first consultation terms
attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
 

WEBPAGE INDEX

 

Colorado State Courts
270 South Tejon Street, CSC
Traffic Offense
ELUDING POLICE
Felony
VEHICULAR ELUDING
Felony - DARP Aggravator Felony - Nuisance Forfeiture
Colorado Springs Municipal Court Traffic Offense
224 East Kiowa Street, CSC
ELUDING POLICE
ELUDING - OTHER OFFICERS
Wildlife Officers
Park & Rec Department Officers
What's the Difference?
Misdemeanor vs. Felony Charges
Colorado DMV License Defense DMV License Reinstatement  
Accident Reports & Colorado DMV Forms
Colorado State Accident Report CSPD Accident Cold Report
ATTORNEYS FEES AND COSTS Do I Need an Attorney? Potential Defenses
 
Warning Right to Silence Search & Seizure Demeanor
Criminal Court Proceedings Felony Misdemeanor Municipal
Traffic Court Proceedings Traffic Infraction Traffic Offense Municipal
Deferred Sentencing Sentencing Defense  Criminal  *  Traffic  *  DMV
Traffic Definitions Bail Bond Remedial Links Completion Forms
Self Legal Research Accounting Legal Forms On-Line * Hardcopy
Retainer Docs Client Docs Laymen Advice Disclaimer Notice
Independent Service Providers Alternatives Find A Lawyer
Useful Public Service Remedial Traffic Safety Classes
 
ATTORNEY POLICIES
  Cases Outside Colorado Springs - Travel
 No Pro Bono Assistance  *  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
 
attorney does not accept criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes probation revocation, deferred sentence revocation, parole violation or appeal  **  eligible collateral attack cases accepted
 

Felony vehicular eluding and misdemeanor eluding a police officer - Colorado Springs criminal defense lawyer Robert D. Gustafson traffic defense trial practice 30+ years in Colorado state and municipal courts

BASIC INFORMATION
please refer to the below links for basic information regarding defense of criminal & traffic cases

Right to Silence Search & Seizure Defendant Demeanor Bail Bond Independent Service Providers Advice from Laymen

 

CRS 42-4-1413. Eluding or attempting to elude a police officer
 
        Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense.

 
State Court Possible Penalties Adult Minor
Jail 10 - 90 days 10 - 90 days
Fine $10 - $300 $10 - $300
Points against Colorado Driving Privileges 12 Points 12 Points
 
Eluding is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
However, refer to DARP Aggravator criminal court sentencing

ELUDING DEFENSE
 
ELUDING A POLICE OFFICER
ATTEMPTING TO ELUDE A POLICE OFFICER
 
TRAFFIC OFFENSE  12 Points
 

10.24.109: ELUDING OR ATTEMPTING TO ELUDE POLICE OFFICER
 
        It shall be unlawful for any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a State law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff or Colorado State patrol car directing the operator to bring the operator's vehicle to a stop, to wilfully increase the speed or extinguish the lights in an attempt to elude the police officer, or wilfully attempt in any other manner to elude the police officer, or does elude the police officer. (1968 Code §6-24-9; Ord. 75-86; Ord. 81-204; Ord. 01-42)

 
Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $10 - $500 $10 - $500
Points against Colorado Driving Privileges 12 Points 12 Points
 
Eluding is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
However, refer to DARP Aggravator criminal court sentencing

Robert D. Gustafson
Attorney At Law
Colorado Springs, Colorado

Phone (719) 260-1002

Fax (719) 260-1003

Toll Free (800) 410-1002

Surrounding Area
MUNICIPAL COURTS
ELUDING POLICE DEFENSE

TRAVEL TIME & MILEAGE
Billed Outside El Paso County
 
Colorado State Courts
Billed Outside El Paso County

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
Municipal Ordinances and Codes
Colorado Model Traffic Code

        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.

state court only - this crime exceeds the jurisdiction of municipal court

CRS 18-9-116.5. Vehicular eluding
 

        Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by said peace officer, and who operates his or her vehicle in a reckless manner, commits vehicular eluding. Vehicular eluding is a class 5 felony; except that vehicular eluding which results in bodily injury to another person is a class 4 felony and vehicular eluding which results in death to another person is a class 3 felony.

Eluding is not defined as a major offense for purpose of habitual traffic offender determination. CRS 42-2-202
However, refer to DARP Aggravator criminal court sentencing

AGGRAVATOR
DRIVING AFTER REVOCATION PROHIBITED
ELUDING OR ATTEMPTING TO ELUDE AN OFFICER
refer to link for addition information
   

CRS 42-2-206  Driving after revocation prohibited.   State Statutes - CRS
        (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:
                    (D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;
                    (F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.

Refer to CRS 42-2-206 for the entire statute

NUISANCE FORFEITURE
refer to link for addition information

CRS 16-13-303. Class 1 public nuisance.   State Statutes - CRS
       
(1)(j) Used in the commission of
felony vehicular eluding pursuant to section 18-9-116.5, C.R.S.;
        (2) All fixtures and contents of any building, structure, vehicle, or real property which is a class 1 public nuisance under subsection (1) of this section and all property which is a class 1 public nuisance under subsection (1.5) of this section are subject to seizure, confiscation, and forfeiture as provided in this part 3. In addition, the personal property of every kind and description, including currency and other negotiable instruments and vehicles, used in conducting, maintaining, aiding, or abetting any class 1 public nuisance is subject to seizure, confiscation, and forfeiture, as provided in this part 3.

WHAT IS THE DIFFERENCE
BETWEEN MISDEMEANOR & FELONY ELUDING?

        Essentially - 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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        The felony has aggravators for vehicular eluding which results in bodily injury to another person (class 4 felony) and for vehicular eluding which results in death to another person (class 3 felony).

        Bodily Injury means physical pain, illness, or any impairment of physical or mental condition
        Source: COLJI 5(5), CRS 18-1-901(3)(c)
        Attorney Note:  no specific degree of pain is required under the definition.

state court only - these crimes are violations of state statutes, not municipal ordinances

CRS 33-6-111. Inspection of license and wildlife - check stations - failure to tag - eluding an officer.
 
        (1) Any person who hunts, traps, fishes, or possesses wildlife for any purpose shall produce all applicable licenses issued to him by the division, all firearms, all records required to be maintained by articles 1 to 6 of this title or by any rule or regulation of the commission, all wildlife, and any personal identification documents when requested to do so by a district wildlife manager or other peace officer, as defined in section 33-1-102(32) empowered to enforce articles 1 to 6 of this title. Any person who refuses to permit inspection of such personal identification documents, licenses, firearms, records, or wildlife is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of five license suspension points.
        (2) The division is authorized to establish check stations, as needed, at locations within the state to aid in the management of wildlife and the enforcement of articles 1 to 6 of this title and the rules or regulations of the commission. Persons who encounter check stations, whether in possession of wildlife or not, shall stop and produce licenses issued by the division, firearms, and wildlife for inspection by division personnel. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of one hundred dollars and an assessment of five license suspension points. 
        (3) Any person who fails to void his license or carcass tag as required by commission rule or regulation is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of fifty dollars and an assessment of ten license suspension points.
        (4) It is unlawful for any person to elude or attempt to elude by any means a Colorado wildlife officer or other peace officer after having received a visual or audible signal such as a red or red and blue light, siren, or voice command directing him to stop. Any person who violates this subsection (4) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars and an assessment of ten license suspension points. In addition, the court shall require the person to pay for any damages caused to any public or private real or personal property damaged while eluding an officer.

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CRS 33-15-105. Eluding
        It is unlawful for any person to elude or attempt to elude by any means a parks and recreation officer or other commissioned officer of the division after having received a visual or audible signal such as a red or red and blue light, a siren, or a voice command directing him to stop. Any person who violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of three hundred dollars.

 
  1. Jurisdictional attack  - refer to link for information DUI case
            Attack the jurisdiction (power) of the court in the pending criminal case
            Jurisdictional attack may be an important concept in defense of any given eluding case

  2. Lack of reasonable suspicion for initial attempted contact by the law enforcement officer

  3. Lack of probable cause for warrantless arrest or seizure of the defendant's person

  4. Color of authority - peace officer acting within course & scope of his or her employment.  

  5. Unlawful extra-jurisdictional arrest

  6. Defendant's admissions the result of undue influence, duress and coercion - due process violation

  7. Defendant's admissions taken in violation of
            5th Amendment privilege against self incrimination
            6th Amendment right to legal counsel

  8. Alleged offense did not occur on public roadway or highway? - sorry, won't work in eluding cases

  9. Driving
            A third person, not defendant, was driving a motor vehicle

  10. Officer observations - what didn't he observe which a jury member might expect?  What was the officer's opportunity to observe? - lighting, time spent, temperature, etc.  

  11. Officer credibility.  Experience with traffic enforcement and training, over concern with conviction statistics, a cop's cop or an average Joe doing a job, would the jury members want this particular officer stopping him / her?  Has the officer overstated his / her observations in relation to the driving behavior?  How well was the stop and investigation conducted?

  12. Eluding is a factual determination based upon the circumstances of the case.  The case may turn upon factual argument regarding the facts - defendant's conduct & driving pattern and officer conduct.

  13. Reasonable doubt - state proof beyond a reasonable doubt

  14. Cloak of innocence and burden of proof upon state - beyond a reasonable doubt.  A defendant is not required to prove innocence - the state must prove guilt.

  15. When all else fails:

  16. 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 !

DMV Hearing
Defense
DMV Appeal
statute of limitations

Driving in Colorado is a constitutionally protected privilege, but nevertheless a privilege which may be lost.  Multiple statutes can cause loss of driving privileges for different driver behavior.  Drivers are entitled to a DMV hearing.  In some circumstances the right to hearing precedes potential DMV adverse action; under other Colorado traffic laws the adverse order is entered, then the driver is provided notice of the adverse action and right to request subsequent hearing.  If hearing has been held or a DMV final order has otherwise entered and the Colorado driver's license or Colorado driving privileges have been suspended, revoked or denied, the driver's remaining recourse is appeal to the District Court.  DMV appeal is subject to a statute of limitations.  Right to appeal may be lost if the driver delays.  Upon final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for information.

DMV Addresses and Links Driving Abstracts and Records DMV Point Structure On-Line Colorado Driving Records
Driver License & Hearing Defense DMV Appeal Legal Research Selected Statutes & Regs "Red" License & Interlock Devices
Insurance Actions SR-22 Insurance Habitual Traffic Offender Interstate Compact Accident Reports & 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 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.

 

Drunk Driving - DUI * DEAC * DWAI

Hit and Run

Driving under Restraint or Driving After Revocation Prohibited

Adobe Acrobat Reader version 5 or later is required to view Colorado DMV forms & CSPD cold report .pdf files    Free Download
Colorado State Accident Report on-line Colorado State Accident Report hardcopy Evidence of Insurance
FRA - Waiver of Security - Financial Responsibility FRA - Release from Liability Affidavit of Financial Responsibility
Affidavit - Out of State Residency - FRA SR-22 Avoidance         Promissory Note Contract Other DMV forms
CSPD Accident Cold Report    due within 72 hours of accident
obtain hardcopy cold report from CSPD Police Operations Center
State of Colorado On-Line Accident Report
accident report obsolete 8/4/04 unless no officer accident report
 

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

TRAFFIC DEFENSE

DUI - DWAI - DEAC  *  Driving Under Restraint  *  No Operator's License  *  Speeding DMV DEFENSE DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Hit & Run  *  Compulsory Insurance License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *    *  Weaving - Roadways Laned for Traffic Habitual Offender  *  Interstate Compact
Minor - Alcohol Red Light - Stop Sign  *  Traffic Definitions  *  Traffic Infraction vs. Crime  *  Traffic Cams Insurance SR-22 Interlock  Driving Records
 

ELUDING DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably time to loosen the pocket book and hire a defense attorney.

 

If you are charged with misdemeanor eluding police or felony vehicular eluding, it is advisable to retain competent legal counsel.  These are serious charges.  The misdemeanor charge carries potential county jail sentence and the felony charge carries potential prison sentence.  Each offense carries 12 points - suspension of driver's license or Colorado driving privileges.  Vehicle insurance consequences could also be anticipated.  You may retain my services or the services of another attorney, but hire competent defense counsel. 

 

If convicted of either eluding offense, you could anticipate policy termination or 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 consequences.

 

ATTORNEY'S FEES AND COSTS
MISDEMEANOR ELUDING POLICE  **  FELONY VEHICULAR ELUDING
Colorado Traffic Defense and Criminal Defense Trial Practice 30+ Years

 
MISDEMEANOR ELUDING POLICE
State or Municipal Court
FELONY VEHICULAR ELUDING
Non-Injury & Non-Death
FELONY VEHICULAR ELUDING
Bodily injury or Death
MISDEMEANOR ELUDING POLICE
Wildlife or Park & Rec Police
  DMV LICENSE HEARING
 

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.

 
 
POTENTIAL FEE QUOTE
MISDEMEANOR ELUDING POLICE
STATE COURT OR MUNICIPAL COURT
 
 
 
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 
SETTLEMENT ATTORNEY FLAT FEE $1,500
most misdemeanor eluding cases plea bargain and do not proceed to trial
TRIAL ATTORNEY FLAT FEE $5,500
settlement fee previously paid would be deducted  
 

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

 

 

attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted

 

MISDEMEANOR ELUDING POLICE
SETTLEMENT - PLEA NEGOTIATION RESOLUTION
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 

$ 1,500  
$ 250  
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel

$1,750*

 
 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate

 
 
MISDEMEANOR ELUDING POLICE
TRIAL OR CONTESTED PROCEEDINGS
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 

$ 5,500  
$ 1,500  
 
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

$7,000*

 
 
 
 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate
use of professional services or expert witnesses will significantly effect litigation cost expenditure - client's responsibility

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

 
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
COLORADO STATE COURT COSTS
direct link to criminal or traffic court costs - costs change & lists may be obsolete
COUNTY COURT CRIMINAL COSTS DISTRICT COURT CRIMINAL COSTS
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report
20.00   Offense Report
10.00   DA Office or City Attorney 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)
25.00   Municipal court jury deposit
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)
Varies   Traffic Safety Class
75.00   Public Service supervision fee
37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral costs
95.00   DMV reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
1,000.00   Private Investigator initial retainer - if relevant - variable based upon case complexity and 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
$3 per page   Transcriptionist - law enforcement 911 / dispatch audio files & investigator interview audio recordings if relevant
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside El Paso County
    depending upon the facts if an accident was involved, it may be prudent to retain an accident reconstruction expert

Given allegations of eluding, 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 would be 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
FELONY VEHICULAR ELUDING
NON INJURY AND NOT RESULTING IN DEATH
 
 
 
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 
SETTLEMENT ATTORNEY FLAT FEE $2,500
felony eluding may settle OR may proceed to trial
TRIAL ATTORNEY FLAT FEE $9,500
settlement fee previously paid would be deducted  
 

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

 

 

attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted

 

FELONY VEHICULAR ELUDING
Non-Injury and Not Resulting in Death
SETTLEMENT - PLEA NEGOTIATION RESOLUTION
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 
 

$ 2,500  
$ 1,500  
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel

$4,000*

 
 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate

 
 
FELONY VEHICULAR ELUDING
Non-Injury and Not Resulting in Death
TRIAL OR CONTESTED PROCEEDINGS
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 
 

$ 9,500  
$ 3,500  
 
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

$13,000*

 
 
 
 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate
use of professional services or expert witnesses will significantly effect litigation cost expenditure - client's responsibility

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
FELONY VEHICULAR ELUDING
RESULTING IN BODILY INJURY OR DEATH
 
 
 

FLAT FEE TO BE OFFERED AFTER FACTUAL CONSULTATION - OR

HOURLY FEE RATE

 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 

Because relevant facts can vary so widely in vehicular eluding - 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
use of professional services or expert witnesses will significantly effect litigation cost expenditure - client's responsibility
 

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

 

 

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
ELUDING
WILDLIFE OFFICER OR PARK & RECREATION DEPARTMENT OFFICER
 
 
 
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 
SETTLEMENT ATTORNEY FLAT FEE $1,500
most wildlife or park eluding cases plea bargain and do not proceed to trial
TRIAL ATTORNEY FLAT FEE $5,500
settlement fee previously paid would be deducted  
 

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

 

 

attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted

 

ELUDING
Wildlife Officer or Park & Recreation Department Officer
SETTLEMENT - PLEA NEGOTIATION RESOLUTION
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 

$ 1,500  
$ 250  
 
common trust deposit request
including attorney's fees & litigation costs - excluding travel

$1,750*

 
 
* this shall not constitute an offer, nor be construed as a binding estimate

 
 
ELUDING
Wildlife Officer or Park & Recreation Department Officer
TRIAL OR CONTESTED PROCEEDINGS
 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 
 
 

$ 5,500  
$ 1,500  
 
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

$7,000*

 
 
 
 
 
 
 
* this shall not constitute an offer, nor be construed as a binding estimate
use of professional services or expert witnesses will significantly effect litigation cost expenditure - client's responsibility

Costs: refer to costs identified above

 

 
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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION  **  REVOCATION  **  DENIAL
 
 
 
     map * travel policy - time & expenses * travel rates   click jitney for travel tables
outside El Paso County
     
 
Colorado Springs Attorney Robert D. Gustafson
common quote - limited flat fee
$750
 
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

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.

Non-Alcohol

Alcohol

Habitual Offender

 
 
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First Consultation Accounting Structure Hourly Fees Costs Flat Fee - Definition
Settlement Phase Contested Phase Settlement Flat Fee Trial Flat Fee
Flat Fees - Phases Earned Compare Hourly vs Flat Fees Client's Election Final Travel Time & Expenses
Security for Fees & Costs Trust Account Withdrawal or Termination Alternatives to Private Counsel
Client Duty to Disclose Omission or Non-Disclosure Attorney Selection Retaining Gustafson Advice by Laymen

please feel free to call or email if you are a client or are seeking representation

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reads or not

 
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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GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
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SEALING CRIMINAL RECORDS NUISANCE FORFEITURE DEFENSE SHOPLIFTING - THEFT DEFENSE
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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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