No Operator's License
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GUSTAFSON LAW OFFICE
COLORADO * NO OPERATOR'S LICENSE * COLORADO SPRINGS DEFENSE

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

perhaps I will become your attorney
Address  *  Maps  *  Directions
 

Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 
COLORADO - NO OPERATOR'S LICENSE - DEFENSE
NO DRIVER'S LICENSE - EXPIRED DRIVER'S LICENSE
COLORADO SPRINGS TRAFFIC DEFENSE ATTORNEY
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
STATE COURT PROSECUTION
No Operator's License
ACCIDENT REPORTS & COLORADO DMV FORMS
Colorado State Accident Report
CSPD Accident Cold Report
ATTORNEYS FEES AND COSTS DO I NEED AN ATTORNEY?
ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice Limited to Clients - Not General Public
Pro Bono Representation or Installment Payment
Representation Now - Another Attorney or Self
Post Sentencing - Revocation or Appeal
Cases Outside Colorado Springs - Travel
 

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 Cameras Insurance SR-22 Interlock  Driving Records

 

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

NO OPERATOR'S LICENSE - NOL
STATE COURT
TRAFFIC INFRACTION OR OFFENSE
Colorado State Courts - El Paso County - County Court
state court only - this infraction or offense has no municipal court counterpart

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.

DEFINITIONS - COLORADO STATE COURTS

 

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.

Hit and Run

DUI, DEAC or DWAI

DUR or DARP

        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
DMV Hearing Defense DMV Appeal

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.

ATTORNEY'S FEES AND COSTS
NO OPERATOR LICENSE TICKET DEFENSE
Secure On-Line Payment

TRAFFIC CRIMINAL CHARGE LICENSE SUSPENSION HEARING

        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.

FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE
CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED
COMPARE HOURLY - FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
SECURITY FOR FEES & COSTS TRUST ACCOUNT WITHDRAWAL OR TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION OR NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

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
SETTLEMENT FLAT FEE
would be deducted from trial flat fee
$850
 
TRIAL FLAT FEE
settlement fee would be deducted
$1,750
 

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.

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
settlement common trust deposit request
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
$      850  
$        60  

$910*
 
 
 
 
 
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
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
$        1,750  
$           500  

$2,250*
 
 
 
 

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
COLORADO STATE COURT COSTS & FILING FEES
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 discovery packet - estimate (actual may be more or less)
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

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.

 

Non-Alcohol

Alcohol

Habitual Offender

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