|
Adobe Acrobat Reader
version 5 or later is required to view .pdf files 
Free Download
CRS 42-2-101. Licenses for drivers
required.
State
Statutes - CRS
1) Except as otherwise provided in part 4 of this article for commercial
drivers, no person shall drive any motor vehicle upon a highway in this state unless such person has been issued a currently valid driver's or
minor driver's license or an instruction permit by the department under this article.
(2) No person shall drive any motor vehicle upon a highway in this state
if such person's driver's or minor driver's license has been expired for one year or less and such person has not been issued another such license
by the department or by another state or country subsequent to such expiration.
(3) No person shall drive any motor vehicle upon a highway in this state
unless such person has in his or her immediate possession a current driver's or minor driver's license or an instruction permit issued by the
department under this article.
(4) No person who has been issued a currently valid driver's or minor
driver's license or an instruction permit shall drive a type or general class of motor vehicle upon a highway in this state for which such person
has not been issued the correct type or general class of license or permit.
(5) No person who has been issued a currently valid driver's or minor
driver's license or an instruction permit shall operate a motor vehicle upon a highway in this state without having such license or permit in such
person's immediate possession.
(6) A charge of a violation of subsection (2) of this section shall be
dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance,
exhibits to the court a currently valid driver's or minor driver's license.
(7) A charge of a violation of subsection (5) of this section shall be
dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance,
exhibits to the court a currently valid license or permit issued to such person or an officially issued duplicate thereof if the original is lost,
stolen, or destroyed.
(8) The conduct of a driver of a motor vehicle which would otherwise
constitute a violation of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or
private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient
gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the
desirability of avoiding the injury sought to be prevented by this section; or
(b) The applicable conditions for exemption, as set forth in section
42-2-102, exist.
(9) The issue of justification or exemption is an affirmative defense. As
used in this subsection (9), "affirmative defense" means that, unless the state's evidence raises the issue involving the particular defense, the
defendant, to raise the issue, shall present some credible evidence on that issue. If the issue involved in an affirmative defense is raised, then the
liability of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the traffic infraction.
(10) Any person who violates any provision of subsection (1) or (4) of
this section is guilty of a class 2 misdemeanor traffic offense. Any person who violates any provision of subsection (2), (3), or (5) of this section
commits a class B traffic infraction.
(11) Notwithstanding any law to the contrary, a second or subsequent
conviction under subsection (1) or (4) of this section, when a person receiving such conviction has not subsequently obtained a valid Colorado
driver's license or the correct type or general class of license, shall result in the assessment by the department of six points against the
driving privilege of the person receiving such second or subsequent conviction.
State Court Possible Penalties
|
Adult |
Minor |
| Jail |
0 - Civil
Infraction |
0 - Civil
Infraction |
| Fine |
$15 - $100 |
$15 - $100 |
| Points
against
Colorado Driving Privileges |
3 Points |
3 Points |
* *
*
*
State Court Possible Penalties
Sections (1) or (4)
|
Adult |
Minor |
| Jail |
10 Days |
90 Days |
| Fine |
$10 - $300 |
$10 - $300 |
| Points
against
Colorado Driving Privileges |
3 Points |
3 Points |
| Points
- Second or Subsequent Offense |
6 Points |
6 Points |
NOL is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
No Operator's License is not a
DARP Aggravator
criminal court sentencing
OTHER RELEVANT
WEB PAGES
State
Court Proceedings - Offenses *
Criminal
& Traffic Sentencing *
DMV
License Suspension Action
|
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
DMV
PROCEEDINGS & DRIVER LICENSE
MATTERS
LOSS OF COLORADO DRIVING PRIVILEGES |
|
|
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. |
|
|
DO I NEED AN ATTORNEY?
Are prosecutors concerned with their
statistics? |
|
Do I need an attorney?
|
License
Simply Expired for One Year or Less
No - simply renew your license, take to court and request dismissal. |
|
License
Expired for One Year or More
Probably not. Renew the license, take to court and request
deferred
sentence. |
|
License
Simply Not in Driver's Possession at Time of Stop
No - simply renew your license, take to court and request dismissal. |
License
Under Adverse Action in Another State -
DUR
Not Charged
Probably
time to loosen the pocket book and hire a defense attorney familiar with
traffic law and the
interstate
compact. Any moving violation conviction during a period
of suspension will result in one additional year loss of license or
Colorado driving privileges -
CRS
42-2-138.
If you are reading this page, it's time to get some help, clean up all
license problems and procure a valid driver's license as well as to get
your vehicle properly registered & insured. You need not retain my services, but hire
competent counsel. |
|
If operating a vehicle
without a license, check with your insurance company regarding coverage.
Your insurance policy may limit coverage to
circumstances where the vehicle was operated by a validly licensed driver. |
|
At the time of your first
visit, you 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.
I have included a
fees and costs
page devoted to clear definition and understanding of free
first
consultation,
fees and costs, retainer agreement and terms of representation. Please
refer to the following links.
ELECTION. In most
circumstances, I initially make 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.
Offered fee options will be up to the client, however client's initial election will be
final. Attorney reserves the right to quote hourly fees only without a
flat fee offer, or hourly and trial flat fee options only. Attorney
reserves the right to decline any case.
POTENTIAL FEE
QUOTE
NO OPERATOR
LICENSE TICKET DEFENSE |
|
|
|
|
|
|
|
I generally offer hourly fees or a settlement flat fee. Most
NOL
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. This shall neither constitute an offer, nor
be construed as a binding estimate.
|
Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote.
This shall
neither constitute an offer, nor be construed as a binding estimate. |
|
frequent
trust deposit request
regarding fees & costs |
|
Above fees do not contemplate
driving
under restraint or
collateral
attack
Out of state DMV adverse action would effect a fee quote |
| |
|
|
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.
|
|
|
no
operator license
ticket defense
*
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 |
|
|
MAJOR
CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED |
     |
| |
|
|
|
|
|
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 |
|
|
|
|
|
|
|
|
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 |
|
|
MAJOR
CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED |
|
|
| |
|
|
|
| |
|
