|
Speed contest traffic ticket
defense, acceleration contests, exhibition of speed, CSPD now targeting drag
racing. Colorado Springs Attorney Robert D. Gustafson traffic defense trial
practice 25+ years
Adobe Acrobat Reader
version 5 or later is required to view .pdf files 
Free Download
|
RIGHT
TO REMAIN SILENT
NO STATEMENTS
LAW ENFORCEMENT
* PROSECUTORS
* THIRD PERSONS |
Admissions made by a criminal defendant may be admissible in the prosecutor's
case in chief. At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make
any statements whatsoever to any law enforcement officer, prosecutor, witness,
the alleged victim, an insurance adjuster or any other third person.
Prosecutors
will not hesitate to file intimidation of witness felony charges, and your
statements are admissible in a trial or motions hearing. You have the
absolute right to remain silent even if police don't tell you. Exercise
that right. In some circumstances, no statutory
privilege exists with respect to medical providers (doctor, nurse, etc),
counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse
(husband, wife) - only the attorney-client privilege exists. Consult with your attorney before
talking.
|
BAIL
BOND
refer to above link for information |
|
DRAG
RACING
SPEED CONTEST
*
ACCELERATION CONTEST
*
EXHIBITION OF SPEED
MISDEMEANOR
|
|
| |
|
SPEED
CONTESTS, ACCELERATION CONTESTS AND
EXHIBITION OF SPEED - STATE COURT
Colorado
State Courts - El Paso County - County Court
CRS 42-4-1105. Speed contests
- speed exhibitions - aiding and
facilitating - immobilization of motor vehicle - definitions.
(1) (a) Except as
otherwise provided in subsection (4) of this section, it is unlawful for a
person to knowingly engage in a speed contest on a highway.
(b) For purposes of this section, "speed contest" means the operation
of one or more motor vehicles to conduct a race or a time trial, including but
not limited to rapid acceleration, exceeding reasonable and prude speeds for
highways and existing traffic conditions, vying for position, or performing one
or more lane changes in an attempt to gain advantage over one or more of the
other racing participants.
(c) A person who violates any provision of this subsection (1) commits a class 1
misdemeanor traffic offense.
(2) (a) Except as
otherwise provided in subsection (4) of this section, it is unlawful for a
person to knowingly engage in a speed contest exhibition on a highway.
(b) For purposes of this section, "speed exhibition" means the
operation of a motor vehicle to present a display of speed or power. "Speed
exhibition" includes, but is not limited to, squealing the tires of a motor
vehicle while it is stationary or in motion, rapid acceleration, rapid swerving
or weaving in and out of traffic, producing smoke from tire slippage, or leaving
visible tire acceleration marks on the surface of the highway or ground.
(c) A person who violates any provisions of this subsection (2) commits a class
2 misdemeanor traffic offense.
(3) (a) Except as
otherwise provided in subsection (4) of this section, a person shall not, for
the purpose of facilitation or aiding or as an incident to any speed contest or
speed exhibition upon a highway, in any manner obstruct or place a barricade or
obstruction, or assist or participate in placing any such barricade or
obstruction, upon a highway.
(b) A person who violates any provision of this subsection (3) commits, pursuant
to section 42-4-1703, the offense that the person aided in or facilitated the
commission of. Nothing in this subsection (3) shall be construed to preclude
charging a person under section 42-4-1703 for otherwise being a party to the
crime or engaging in a speed contest or engaging in a speed exhibition.
(4) The provisions of this section
shall not apply to the operation of a motor vehicle in an organized competition
according to accepted rules on a designated and duly authorized race track, race
course or drag racing strip.
(5) (a) In addition
to a sentence imposed pursuant to this section or pursuant to any other
provision of law:
(I) Upon the second conviction for an offense specified in subsection (1) or (2)
of this section, or any other crime, the underlying factual basis of which has
been found by the court to include an act of operating a motor vehicle in
violation of subsection (1) or (2) of this section, the court may, in its
discretion, order the primary law enforcement agency involved with he case to
place an immobilization device on the motor vehicle or motor vehicles so
operated for a period of up to fourteen days.
(II) Upon the third conviction for an offense specified in subsection (1) or (2)
of this section, or any other crime, the underlying factual basis of which has
been found by the court to include an act of operating a motor vehicle in
violation of subsection (1) or (2) of this section, the court may, in its
discretion, order the primary law enforcement agency involved with he case to
place an immobilization device on the motor vehicle or motor vehicles so
operated for a period of up to thirty days but more than fourteen days.
(b) The period during which a motor vehicle may be fitted with an immobilization
device pursuant to paragraph (a) of this subsection (5) shall be in addition to
any period during which the motor vehicle was impounded prior to sentencing.
(c) An order issued under this subsection shall state the requirements included
in subsections (7) and (8) of this section.
(d) For purposes of this section, "immobilization device" means a
device locked into place of a wheel of a motor vehicle that prevents the motor
vehicle from being moved. "Immobilization device" includes but is not
limited to a device commonly referred to as a "traffic boot" or
"boot".
(6) (a) Except as
otherwise provided in subsection (9) of this section, a law enforcement agency
that is ordered to place an immobilization device on a motor vehicle pursuant to
subsection (5) of this section shall attempt to locate the motor vehicle within
its jurisdiction. The law enforcement agency may, in its discretion, attempt to
locate the motor vehicle outside of its jurisdiction.
(b) Nothing in this subsection (6) shall be construed to:
(I) Prohibit a law enforcement agency from seeking the assistance of another law
enforcement agency for the purpose of placing an immobilization device on a
motor vehicle or removing the device in accordance with this section; or
(II) Require a law enforcement agency to expend excessive time or commit
excessive staff to the task of locating a motor vehicle subject to
immobilization under this section.
(c) The time spent by a law enforcement agency in locating a motor vehicle in
accordance with this subsection (6) shall not alter the immobilization period
ordered by the court under subsection (5) of this section.
(d) A law enforcement agency that places an immobilization device on a motor
vehicle pursuant to this section shall affix a notice to the immobilized motor
vehicle stating the information described in subsections (7( and (8) of this
section.
(e) A peace officer who locates or attempts to locate a motor vehicle, or who
places or removes, or assists with the placement or removal of, an
immobilization device in accordance with the provisions of this section shall be
immune from civil liability for damages, except for damages arising from willful
and wanton conduct.
(7) (a) The owner
of a motor vehicle immobilized under this section shall be assessed a fee of
thirty five dollars for each day the motor vehicle is immobilized and, except as
others provided in paragraph (d) of this subsection (7), thirty five dollars for
each day up to fourteen days after the immobilization period that the fee for
the immobilization period is not paid. The owner shall pay the fee to the law
enforcement agency that places the immobilization device on the motor vehicle.
(b) The owner, within fourteen days after the end of the immobilization period
ordered by the court, may obtain removal of the immobilization device by the law
enforcement agency that placed it by requesting the removal and paying the fee
required under paragraph (a) of this subsection (7).
(c) The failure of the owner of the immobilized motor vehicle to request removal
of the immobilization device and pay the fee within fourteen days after the end
of the immobilization period ordered by the court or within the additional time
granted by the court pursuant to paragraph (d) of this subsection (7), whichever
is applicable, shall result in the motor vehicle being deemed an "abandoned
motor vehicle", as defined in sections 42-4-1802(1)(d) and 42-4-2102(1)(d),
and subject to the provisions of Part 18 or 21 of this article, whichever is
applicable. The law enforcement agency entitled to payment of the fee under this
subsection (7) shall be eligible to recover the fee if the abandoned motor
vehicle is sold, pursuant to section 42-4-1809(2)(b.5) or 42-4-2108 (2) (a.5).
(d) Upon application of the owner of an immobilized motor vehicle, the court
that ordered the immobilization may, in its discretion, grant additional time to
pay the immobilization fee required under paragraph (a) of this subsection (7).
If additional time is granted the court shall notify the law enforcement agency
that placed the immobilization device.
(8) (a) A person
may not remove an immobilization device that is placed on a motor vehicle
pursuant to this section during the immobilization period ordered by the court.
(b) No person may remove the immobilization device after the end of the
immobilization period except the law enforcement agency that placed the
immobilization device and that has been requested by the owner to remove the
device to which the owner has properly paid the fee required by subsection (7).
Nothing in this subsection (8) shall be construed to prevent the removal on an
immobilization device in order to comply with the provisions of part 18 or 21 of
this article.
(c) A person who violates any provision of this subsection (8) commits a class 2
misdemeanor traffic offense.
(9) (a) A law
enforcement agency that is ordered to place an immobilization device on a motor
vehicle pursuant to subsection (5) of this section shall inform the court at
sentencing if it is unable to comply with the court’s order either because the
law enforcement agency is not yet equipped with an immobilization device or
because it does not have a sufficient number of immobilization devices. The
court, upon being so informed, shall, in lieu of ordering immobilization, order
the law enforcement agency to impound the motor vehicle for the same time period
that the court initially ordered the motor vehicle to be immobilized.
(b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of
this subsection (9), the provisions of subsections (6) to (8) of this section
shall not apply.
Effective Date: July 1, 2006
In case you didn't catch it on first read, the statute essentially provides for
police impound lot
sale of your vehicle if the owner doesn't timely request removal of the boot and
pay the expensive immobilization fee.
DEFINITIONS
- COLORADO STATE COURTS
| 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 |
Drag racing is not defined as a major offense for purpose of
habitual
traffic offender determination. CRS
42-2-202
Drag racing is not a
DARP Aggravator
criminal court sentencing
OTHER RELEVANT
WEB PAGES
State
Court Proceedings - Offenses *
Criminal
& Traffic Sentencing *
DMV
License Suspension Action
|
|
DRAG
RACING
SPEED CONTEST
*
ACCELERATION CONTEST
*
EXHIBITION OF SPEED
MISDEMEANOR
|
COLORADO
SPRINGS MUNICIPAL COURT |
|
|
| |
|
SPEED
CONTESTS, ACCELERATION CONTESTS AND
EXHIBITION OF SPEED - CITY COURT
Colorado
Springs - Municipal Court
10.5.107: SPEED CONTESTS.
Colorado
Springs City Ordinances
A. No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7; Ord. 75-86; Ord. 01-42)
DEFINITIONS
- COLORADO SPRINGS MUNICIPAL COURT
| 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 |
Drag racing is not defined as a major offense for purpose of
habitual
traffic offender determination. CRS
42-2-202
Drag racing is not a
DARP Aggravator
criminal court sentencing
OTHER RELEVANT
WEB PAGES
Municipal
Court Proceedings - Offenses * *
DMV
License Suspension Actions
|
-
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
-
Lack of reasonable suspicion for
initial attempted contact by the law enforcement officer
-
Lack of probable cause for
warrantless arrest or seizure of the defendant's person
-
Color of authority - peace
officer acting within course & scope of his or her employment.
-
Unlawful extra-jurisdictional
arrest
-
Defendant's admissions the
result of undue influence, duress and coercion - due process violation
-
Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
-
Alleged offense did not occur on
public roadway or highway? - yes, the defense works in drag racing cases
-
Driving
A third person, not
defendant, was driving a motor vehicle
-
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.
-
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?
-
Eluding is a factual determination based upon the
circumstances of the case. The case may turn upon factual argument - defendant's conduct & driving pattern and officer
conduct.
-
Reasonable doubt - state proof
beyond a reasonable doubt
-
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.
-
When all else fails:
-
Trial lawyer's adage:
If the facts are on your
side - pound the facts.
If the law is on your
side - pound the law.
If neither the facts nor
the law are on your side - pound the table !
CRS 16-13-303. Class 1 public
nuisance.
State
Statutes - CRS
So far the state legislature has not enacted legislation regarding vehicle
forfeiture on the basis of motor vehicle speed contest, acceleration
contest or exhibition of speed or acceleration. Based upon the fact drag
racing appears to be a new target offense or "designer crime" and
forfeiture appears in vogue, it is only a matter of time before drag racing
results in motor vehicle forfeiture. It's coming, folks - look at
forfeitures regarding:
1. DUR - DARP driving
under restraint or driving after revocation prohibited -
DUI underlying license
loss
2.
Forfeiture -
Defense -
prostitution & related sex
offenses, gambling, drugs & paraphernalia,
theft by receiving,
hit & run with serious bodily injury or death, drive by
crimes, crimes against the elderly
3. Felony vehicular eluding
The state legislature has enacted legislation regarding
vehicle
immobilization, including expensive reimbursement to the law enforcement
agency installing the boot and sale of the vehicle if not timely paid.
Effective 7/1/06 the legislature moved closer to forfeiture. Legislative
outright forfeiture may only be a matter of time.
|
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?
|
Probably time to loosen the pocket book and
hire a
defense attorney.
|
|
If you are charged with drag
racing - motor vehicle speed contest, acceleration
contest or exhibition of speed or acceleration - it is advisable to retain competent
legal counsel. These are serious charges. All such charges contain
potential jail sentences
and 12 point suspension of driver's license or Colorado driving
privileges. Vehicle insurance consequences could also be
anticipated. You need not retain my services, but hire defense counsel.
|
|
If convicted of any drag racing offense, you could anticipate policy termination
or significant increase in
your insurance premiums - probably over a 3 - 5 years.
Contact your insurance company underwriters to learn more of the
potential consequences. |
|
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
DRAG
RACING * SPEED CONTEST * EXHIBITION OF
SPEED DEFENSE |
|
|
|
|
|
|
|
I generally offer hourly fees or a settlement flat fee. Most
drag racing
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 |
|
| |
|
|
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.
|
|
|
drag
racing * speed contest * exhibition of
speed
*
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 |
|
|
|
|
|
|
|
| |
