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GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado |
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COLORADO * NO OPERATOR'S LICENSE
* COLORADO SPRINGS DEFENSE |
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Phone (719)
260-1002
Fax
(719) 260-1003 **
Toll Free (800)
410-1002
Robert D.
Gustafson * Attorney at Law * Colorado Springs |
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NO OPERATOR'S
LICENSE
OFFENSE & STATUTE
TRAFFIC OFFENSE
state court only - this traffic
offense has no municipal court counterpart |
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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. |
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State Court Possible Penalties
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Adult |
Minor |
| Jail |
0 - Civil
Infraction |
0 - Civil
Infraction |
| Fine |
$15 - $100 |
$15 - $100 |
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Points
against
Colorado Driving Privileges |
3
Points |
3
Points |
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State Court Possible Penalties
Sections (1) or (4)
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Adult |
Minor |
| Jail |
10 Days |
90 Days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points
against
Colorado Driving Privileges |
3
Points |
3
Points |
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Points
- Second or Subsequent Offense |
6
Points |
6
Points |
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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 |
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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.
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DMV
- State of Colorado Accident Report
DMV
- Evidence of Insurance
DMV
- Affidavit of Financial Responsibility
DMV
- FRA - Release from Liability
DMV
- FRA - Waiver of Security - Financial Responsibility
DMV
- Promissory Note Contract
DMV
- Affidavit - Out of State Residency - FRA SR-22 Avoidance
Other
DMV forms
CSPD
Accident Cold Report
due within 72 hours of accident (large file - please be patient)
Any person may obtain a hardcopy cold report from the
CSPD
Police Operations Center
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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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NO OPERATOR'S LICENSE DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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License
Simply Expired for One Year or Less
No - simply renew your license, take to court and request dismissal. |
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License
Expired for One Year or More
Probably not. Renew the license, take to court and request
deferred
sentence. |
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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. |
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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. |
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ATTORNEY'S
FEES AND COSTS
NO
OPERATOR LICENSE TICKET DEFENSE |
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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
NO OPERATOR
LICENSE TICKET DEFENSE |
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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.
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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.
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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Above fees do not contemplate
driving
under restraint or
collateral
attack
Out of state DMV adverse action would effect a fee quote |
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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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no
operator license
ticket defense
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this
shall not constitute an offer, nor be construed as a binding
estimate |
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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. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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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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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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| note:
costs change & below cost information may be obsolete |
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| link to Colorado
Judicial Branch website - current costs
information published by state |
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| direct link to
criminal or traffic court costs - costs change &
lists may be obsolete |
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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
DOR * DMV LICENSE HEARING
SUSPENSION
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REVOCATION
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DENIAL |
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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 |
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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. |
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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. |
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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. |
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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. |
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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. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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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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MAJOR
CREDIT CARDS ACCEPTED |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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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. |
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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. |
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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. |
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Attorney
Policies
Representation
by Previous Attorney
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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. |
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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. |
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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. |
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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 |
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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.
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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. |
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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.
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ATTORNEY TRADE AREA &
TRAVEL
CASES OUTSIDE EL
PASO COUNTY |
GEOGRAPHIC DISTANCE
ECONOMIC
CONSIDERATIONS |
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Colorado is a big state |
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Ease of internet access, email & toll free phone doesn't change
that fact. Due to the limited nature of this charge, it is
not economically justifiable for a client to pay travel time or
expenses beyond adjacent counties. |
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trade area due to travel cost considerations. |
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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. |
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| COUNTIES |
CITIES /
TOWNS |
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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. |
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El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
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Douglas
County |
Castle Rock |
Attorney welcomes new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Elbert
County |
Kiowa / Simla |
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Fremont
County |
Canon City / Florence / Penrose |
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Lincoln
County |
Hugo (county seat) / Limon |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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feel free to call or email if you are a client or are seeking representation |
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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 |
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NOL, expired, no, operator,
driver, license, no operator's license, no operator license, expired driver's license, expired driver license, police officer, peace officer,
vehicle, misdemeanor, traffic, traffic offense, traffic infraction, traffic defense,
criminal defense, Colorado Springs, El Paso County, Colorado, court, lawyer, attorney
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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
Copyright © 2005 -
All Rights Reserved - Document Revised:
March 14, 2010
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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