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Colorado Springs speeding tickets, Colorado Springs Municipal Court,
Sate Court El Paso County Court, DMV points
discovery, defense information, attorney's fees and costs
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When a driver receives a speeding ticket, generally it is an inconvenience but
nothing more. Usually the prosecutor will negotiate a least a point off
the offense charged, perhaps more. Prosecutors may agree to reduce the
ticket to a 2 point defective vehicle or 0 point obstructed rear window which
won't likely excite the insurance company. After payment of fine and
costs, and crossing guard surcharge in Municipal Court, life moves on. It
is worthwhile to appear in Court on the summons date to receive the benefit of
plea negotiations. Usually counsel is not involved.
Simple is not always the case. If the ticket will cause loss of driver's
license or driving privileges in Colorado, or cancellation of insurance or
significant premium hike, or perhaps a CDL will be affected and therefore
livelihood, then matters become different.
Regarding DUI cases there's an old saying:
I don't have a drinking
problem
I drink
I get drunk
I fall down
No problem
Many people view speeding similarly - simple. Like
DUI
defense, there is
significantly more to it. I have therefore added a sub-page with
additional information for those with problematic cases or those who are
like the monkey, Curious George.
| SPEEDING
- COLORADO STATE COURTS |
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The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.
CRS 42-4-1101
Speeding
- State Law
Refer to the link for information pertaining to state
law.
DEFINITIONS
- COLORADO STATE COURTS
| State Court
Possible Penalties
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Presumptive Jail |
Presumptive
Fines |
Points
*** |
| Adult and
Juvenile |
Minimum |
Maximum |
Minimum |
Maximum |
Scheduled |
Points
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| 0 -4 mph over
the limit * |
None |
None |
$15 |
$100 |
$15 + $2 |
0 |
| 5 - 9 mph over
the limit * |
None |
None |
$15 |
$100 |
$35 + $5 |
1 |
| 10 - 19 mph
over the limit * |
None |
None |
$15 |
$100 |
$50 + $8 |
4 |
| 20 - 24 mph
over the limit * |
None |
None |
$15 |
$100 |
$100 + $15 |
6 |
| 25-39 mph over
the limit ** **** |
0 days |
90 days |
$10 |
$300 |
court order |
6 |
| 40+ mph over
the limit ** **** |
0 days |
90 days |
$10 |
$300 |
court order |
12 |
| Failure to
Reduce Speed - Special Hazard * |
None |
None |
$15 |
$100 |
$35 + $5 |
3 |
*
Traffic Infraction - Information
& State Court Procedures
**
Traffic Offense - Information
& State Court Procedures
***
Points
- not applicable to bicycle or
motorized bicycle
**** court appearance required
refer to link for additional information
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SPEEDING
- COLORADO SPRINGS MUNICIPAL COURT |
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10.5.101 - 10.5-110
Colorado
Springs Municipal Ordinances. Refer to the link for ordinances.
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The City of
Colorado Springs has lowered the speed limit to 25 mph on all roads where not
otherwise posted and has adopted an ordinance imposing a fine of $10 per mile
over the lawful speed limit. The ticket may be plea bargained down to
a lesser speed for purposes of
points, however the fine will be based upon the
initial alleged speed. |
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Remind anyone of taxation or a source of
revenue to avoid the Tabor Act?
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| Colorado
Springs Municipal Court Possible Penalties
|
Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
1- 12
Points
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1 - 12
Points
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Municipal
Court Proceedings - Offenses - refer to link for additional information
regarding traffic offense proceedings.
A judge or magistrate may not let the issue go to a jury (lack of prima facie
evidence) unless there is mechanical support (radar, vascar, pace clock or
laser) for the visual estimate. In a trial to the court, I've seen a judge
stop the case when the officer admitted the ticket was based only upon a visual
estimate. Other judges may proceed.
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ACCESS
TO RECORDS - DISCOVERY FIGHTS |
Every defendant wants
to know and needs to know the evidence which the prosecution has with which to
prove its case. The request and that information is called
discovery. If the case settles within parameters
acceptable to the defendant, limited discovery is generally
acceptable. e.g. copy of the summons and the law enforcement
officer's notes. If the case proceeds to trial, the standard discovery
provided by prosecutors is insufficient to prepare for cross-examination.
In County Court (state court), a discovery motion may be filed under C.R.Crim.P. 16. Municipal courts have very different discovery rules
In either court, prosecutors will resist discovery as it is time consuming and
the charge is slight. If charged as an infraction in state court, the
case will be set into Magistrate Court where the rules of discovery are
abhorrent.
Subpoena duces tecum is available in all courts. Depending upon the court
rules, possibly court approval will be required. So long as requested
items are relevant, the court can not deny.
Discovery may also be available:
CRS 24-72-201, et. seq. Colorado Open Records Act
CRS 24-72-301, et. seq. Colorado Criminal Justice Records Act
In every charge of speeding, the summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
CRS 42-4-1101(5)
If
certain defects are contained in the summons and complaint, the case may be
subject to
jurisdictional
attack. e.g. Although not
a jurisdictional problem, one issue noted on the page is related to the above
paragraph. Failure to provide notice of
points
on the traffic infraction penalty notice (speeding tickets 24 mph over
the limit or less) will not affect the validity of initial charging or court case
disposition, however may be used by the defendant to
invalidate
points for DMV suspension, revocation or denial or may be used by the
defendant as a
collateral
attack in a
driving
under restraint criminal charge subsequently brought.
When reviewing potential defenses, counsel seeks a problem with
signage size and placement
(notice), with the
traffic
engineer's survey, equipment malfunction or improper usage, or
attacks the credentials or credibility of the law enforcement officer. For
additional information, refer to below links.
DMV
PROCEEDINGS & DRIVER LICENSE
MATTERS
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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INDEPENDENT SERVICE PROVIDERS |
Where relevant, I utilize
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel.
If retained by counsel as an
agent of the attorney, such independent service providers are bound by the
attorney-client privilege. If retained privately by the client, no such
agency or confidentiality exists.
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DO
I NEED AN ATTORNEY?
Are prosecutors concerned with their
statistics? |
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Do I need an attorney? |
Probably not.
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Unless combined with more serious
DUI,
DUR - DARP or
Hit and Run
charges |
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a. Talking to a prosecutor or listening to a plea offer may be worthwhile before you spend the money on defense counsel.
Caveat: don't make admissions in the process of your negotiations - your
statements can be used for impeachment if the case proceeds to trial.
b. Be aware, if you attempt negotiation
with prosecutors and fail, your efforts may cause harm. If you
intend to retain counsel, do so before speaking to prosecutors. |
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If convicted of
speeding, you may face increase in your insurance premiums -
probably over a period of 3 - 5 years.
Contact your insurance company underwriters to learn more of the
potential consequence before you speak to prosecutors or decide whether or not
to hire an attorney. |
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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
SPEEDING
TICKET DEFENSE |
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I generally offer hourly fees or a settlement flat fee. Most
speeding ticket 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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PAYMENT
Secure
On-Line 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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speeding
ticket defense
*
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
PAYPAL ACCEPTED |
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COSTS
Out of pocket expenses (costs) are the responsibility of the client. |
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Generic
costs relevant to any traffic * criminal action
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Generic
costs relevant to any litigation
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| potential
speeding
ticket defense out of
pocket expenses |
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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
*
REVOCATION
*
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.</ | | |
