Traffic Cameras
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GUSTAFSON LAW OFFICE
COLORADO SPRINGS TRAFFIC CAMERAS

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Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
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Toll Free (800) 410-1002
 
 
COLORADO SPRINGS TRAFFIC CAMERAS
Public Benefit or Intrusion?  Ladar?
COLORADO SPRINGS TRAFFIC DEFENSE
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court

TRAFFIC CAMS - BENEFIT AND LINKS

AUTOMATED TRAFFIC ENFORCEMENT
Traffic Cameras - Photographic or Video - "Gotcha"
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

 

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TRAFFIC CAMS - BENEFIT AND LINKS

        Regarding those convenient traffic cams that tell us traffic conditions on I-25 and intersections...

        Many of us have become accustomed to taking a quick look at traffic conditions before we head out on our morning or evening commute due to construction on the I-25 corridor in Colorado Springs and the congestion at the Woodmen / I-25 interchange.  In such circumstances, the technology and cams are appreciated because we may save time and aggravation.
       
Statewide Traffic Cams - Colorado DOT Website
        Colorado Springs Traffic Cams
               
Local Traffic Cams - City of Colorado Springs Website

AUTOMATED TRAFFIC ENFORCEMENT
Traffic Cameras - Photographic or Video - "Gotcha"

        Would Colorado really dream of employing robotic apprehension of its truly dangerous citizenry?  

        Oh yeah, before the cameras were installed, Colorado enacted automated traffic enforcement laws.
                CRS 42-4-110.5  It's called AVIS - not the car rental company, but Automated Vehicle Identification System, and it has been enacted as law in Colorado.
                Colorado Springs Municipal Code §10.17.114: Owner Liability for Traffic Signal Camera Violations

        See also - 86 ILLINOIS MUNICIPAL REVIEW 25, No. 05 (May 2007)
                issuance of traffic tickets - PRESUMPTION OF GUILT and due process

        Then dispute arose over who gets to regulate this marvelous system of potential revenue and bad guy gotcha.

        The cities of Commerce City, Westminster, Fort Collins, and Colorado Springs (cities), each home-rule municipalities under Article XX of the Colorado Constitution, challenged the constitutionality of certain provisions of section 42-4-110.5 and section 42-3-112(14) regulating the use in Colorado of automated vehicle identification systems, popularly known as photo radar and photo red light.  City of Commerce City v. State, 40 P.3d 1273 (Colo. 2002)

        The cities argued that certain provisions of section [7] 42-4-110.5 and section 42-3-112(14) unconstitutionally infringe on their home-rule powers because Article XX, Section 6 of the Colorado Constitution unambiguously reserves to the Cities the power to enforce local traffic ordinances and operate municipal courts. The Cities did not argue that all of the restrictions placed on home-rule cities by the state legislation violate their home-rule powers, rather they challenged the following: (1) the ninety day service provision for traffic violations detected by AVIS[fn3]; (2) the requirement that an entity using AVIS post a sign in a conspicuous place before each area in which AVIS are used notifying the public of their use[fn4]; (3) the provision that an entity using AVIS mail warnings to first-time violators who have been identified by automated systems if the drivers were detected speeding at a rate less than ten miles over a reasonable speed limit[fn5]; (4) the provision establishing a forty-dollar maximum fine for speeding violations detected by AVIS[fn6]; (5) the provision establishing an eighty-dollar maximum fine for AVIS-detected speeding violations in school zones[fn7]; (6) the provision establishing a seventy-five dollar maximum penalty for red light violations detected by AVIS[fn8]; (7) the provision limiting the method by which an entity using automated systems may contract with AVIS vendors and manufacturers for the use or acquisition of AVIS equipment[fn9]; and (8) the prohibition against access to state records — which are needed to determine the identity and address of the registered owner of a motor vehicle involved

        The Supreme Court again recognized that advances in technology, which have significantly changed the nature of the enforcement of traffic laws, increased the need for uniformity of AVIS regulation. In fact, the use of automated systems for traffic control represents such a considerable shift in traffic enforcement that these systems alter Colorado citizens' basic expectations about how they will be ticketed for traffic violations. Before the use of automated systems, drivers who violated traffic laws expected to be stopped and issued a citation at the time of the violation or immediately following it. This served the important purpose of notifying the driver of an alleged violation. In contrast, when cited by an automated system, drivers will not be on immediate notice of an alleged violation. Thus, this new technology significantly alters Colorado drivers' expectations about how traffic violations will be enforced against them. Accordingly, the state has an interest in providing Colorado drivers with uniform AVIS regulations.

SMALL INTERSECTION CAMERAS

        Colorado Springs has installed small circular cameras at many intersections.  The CSPD (not the city traffic engineer's office) is responsible for supervision of units, however has reported the cameras: 
        only sense the present of a vehicle to trip the stop light cycle, replacing former weight sensors
        do not "snap a picture" when a vehicle enters the intersection on a red light
        do not create any video image (streaming or still) 
        do not record any image to disk or other media, temporary or permanent
        I attempted to procured the evidence in a DUI case where the client denied running the red light - reasonable suspicion for the initial contact.  It was technologically unavailable.

SECURITY vs. PRIVACY INFRINGEMENT

        I understand Boston has installed cameras in the downtown area to monitor crime.  I also understand similar measures have been taken in some Great Britain towns which employ face recognition software.  The cameras are used to monitor persons walking down the street and apprehend those wanted by the law.  This naturally raises serious questions of public security vs. individual freedom and privacy.

        Whether images and subsequent tickets will occur in the future from the I-25 and intersection cam is a question of technology and city / state policy.  Regarding who gets to control apprehension of our unsuspecting citizens by remote control, our fair city contested the state laws enacted by those who possess great (infinite?) wisdom and regulate God's country.  City of Commerce City v. State, supra.  Draw your own conclusions about city and state policy.  As the song goes: I fought the law, and the law won.

        What's next - close your curtains to avoid "Peeping Tom" government cameras in our neighborhoods?
        .... or will the cameras be infrared so we can't close the blinds to invoke the "privacy" of our homes?
        As the Lost in Space robot so aptly stated:  "Warning! Warning! Warning! Danger Will Robinson!"
        The Orwellian 1984 "Big Brother" concept may not be so distant after all.
        Apologies for the diatribe - when it comes to protection of individual rights, defense attorneys tend to be the lone wolf who's voice can be heard crying in the wilderness.

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.

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.

 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes
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MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Attempt to Prepare Defense of Own Traffic or Criminal Case

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.

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.

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.

Attorney Policies
Representation by Previous Attorney

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.

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.

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.

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.

 
 
POST SENTENCING MATTERS
PROBATION REVOCATION  *  PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION  *  APPEALS

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. 

Alternatives
FIND A LAWYER

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.

 

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.

 
 
Attorney Trade Area and Travel
CASES OUTSIDE EL PASO COUNTY

GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big state.
Ease of internet access, email and toll free phone doesn't change that fact.

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.

Colorado MAP

Southern Colorado Area

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.

COUNTIES

CITIES / TOWNS

El Paso County

Colorado Springs / Manitou Springs / Fountain

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.

Chaffee County

Salida

Crowley County Ordway Metro Denver Area
Custer County Westcliffe COUNTIES CITIES / TOWNS
Douglas County Castle Rock City and County of Denver Denver
Elbert County Kiowa / Simla Adams County Brighton / Thornton / Federal Heights
Fremont County Canon City / Florence / Penrose Arapahoe  County Court   District Court Littleton / Centennial / Englewood
Huerfano County Walsenburg Arapahoe County - East Aurora
Las Animas County Trinidad Broomfield County Broomfield
Lincoln County Hugo (county seat) / Limon Gilpin County Blackhawk / Central City
Otero County La Junta Jefferson County Golden / Wheat Ridge
Park County Fairplay
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

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Colorado traffic cams, traffic cameras, ticket, traffic tickets, ladar, speeding ticket, speeding, Colorado Springs, El Paso County, Colorado, court, lawyer, attorney

 
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