COLORADO SPRINGS TRIAL LAWYER experienced and professional attorney - 30+ years private practice in Colorado state and municipal courts
ROBERT D. GUSTAFSON   ATTORNEY AT LAW 6538 Charter Drive Colorado Springs, CO 80918-1335 ATTORNEY PHONE - NOT DMV Phone (719) 260-1002 Fax (719) 260-1003  *  Toll Free (800) 410-1002	Colorado Driver License Defense Lawyer Colorado Springs, Colorado      map Attorney Vita Business Hours WELCOME I appreciate your interest perhaps I'll become  your attorney Email Attorney
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COLORADO DRIVER LICENSE DEFENSE HABITUAL TRAFFIC OFFENDER    STATUTORY CRITERIA   PRIOR CONVICTIONS COLORADO DEPT OF REVENUE Colorado DOR Hearing and Appeals Division Colorado DOR Division of Motor Vehicles Major Offense Definitions  CRS 42-2-202 DMV Statutes & Regulations Colorado Statutes Attorney Fees & Costs Travel Time & Mileage Court Traffic Ticket Defense Self Help Legal Research

Three (3) major offenses within 7 years  CRS 42-2-202(2)         alcohol related offenses -  DUI - DEAC -  DWAI         reckless driving         driving under suspension, revocation or denial - driving under restraint         giving false information to the DMV         vehicular assault, vehicular homicide, or manslaughter or criminally negligent homicide which results from operation of a motor vehicle or joyriding         hit and run in any accident involving death or personal injuries Ten (10) or more convictions within 5 years - moving violations 4 points or more  CRS 42-2-202(3)         Includes traffic infractions and penalty assessment tickets Eighteen (18) or more convictions within 5 years - moving violations 3 points or more  CRS 42-2-202(3)         Includes traffic infractions and penalty assessment tickets All convictions must be separate and distinct - not arising out of the same criminal episode Period of license revocation or denial - five (5) years to run consecutive (back to back - not at the same time) to any other suspension, revocation or denial.  CRS 42-2-205  After a statutory waiting period, limited driving privileges during habitual status may become available with an interlock device

ALFRED E. NEUMAN QUOTE (Mad Magazine):  "WHO ME?"    Yes - you can become an habitual traffic offender and lose your license or driving privileges for 5 long years by merely speeding 9 mph over the limit or less.  Read again the above convictions criteria within five or seven years.     I've defended that type of driving after judgment prohibited felony criminal case when it carried mandatory minimum 1 year DOC penitentiary sentence to maximum 4 years DOC time.

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Major Offense Definitions Habitual Traffic Offender

CRS 42-2-202. Habitual offenders — frequency and type of violations         Relevant Statutes         (1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) of this section committed during a seven-year period or committed during a five-year period for separate and distinct offenses described in subsection (3) of this section; except that, where more than one included offense is committed within a one-day period, such multiple offenses shall be treated for the purposes of this part 2 as one offense. The record as maintained in the office of the department shall be considered prima facie evidence of the said convictions.         (2)(a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:                      (I) Driving a motor vehicle in violation of any provision of section 42-4-1301(1) or (2)(a); - DUI - DEAC -  DWAI                     (II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401;                     (III) Driving a motor vehicle upon a highway while such person's license or privilege to drive a motor vehicle has been denied, suspended, or revoked, in violation of section 42-2-138; - driving under restraint                     (IV) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws;                      (V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of a motor vehicle, or aggravated motor vehicle theft, as such offenses are described in title 18, C.R.S.;                         (VI) Conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601.  hit and run              (b) The offenses included in subparagraphs (I), (II), (III), and (V) of paragraph (a) of this subsection (2) shall be deemed to include convictions under any federal law, any law of another state, or any ordinance of a municipality that substantially conforms to the statutory provisions of this state regulating the operation of motor vehicles. For purposes of this paragraph (b), the term "municipality" means any home rule or statutory city or town, a territorial charter city, or a city and county.          (3) A person is also an habitual offender if such person has ten or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of four or more points each or eighteen or more convictions of separate and distinct offenses arising out of separate acts committed within a period of five years involving moving violations which provide for an assessment of three or less points each in the operation of a motor vehicle, which convictions are required to be reported to the department and result in the assessment of points under section 42-2-127, including any violations specified in subsection (2) of this section.          (4) For the purpose of this section, the term "conviction" has the meaning specified in section 42-2-127(6) and includes entry of judgment for commission of a traffic infraction as set forth in section 42-4-1701.

Habitual Offender - Alcohol Related Probationary License & Reinstatement Habitual Offender - Not Alcohol Related Probationary License & Reinstatement DMV Forms Application for Reinstatement Affidavit of Enrollment - Alcohol Education or Therapy Alcohol Certification for Reinstatement Interlock Agreement Affidavit Affidavit - Out of State Residency

COLORADO DRIVER LICENSE DEFENSE HABITUAL TRAFFIC OFFENDER     POTENTIAL DEFENSES     COLORADO DEPT OF REVENUE Colorado DOR Hearing and Appeals Division Colorado DOR Division of Motor Vehicles Major Offense Definitions  CRS 42-2-202 DMV Statutes & Regulations Colorado Statutes Attorney Fees & Costs Travel Time & Mileage Court Traffic Ticket Defense Self Help Legal Research

        DMV has failed to provide adequate notice of hearing.
        It periodically happens that the DMV fails to comply with hearing notice requirements, and thus has failed to acquire personal jurisdiction.  This would be a defense..

        DMV assessed points or conviction against wrong person.
        It periodically happens that when a court certifies a conviction and points to the DMV, the assessment is made against the wrong person.  Usually two persons have the same or similar names, but different dates of birth.  Error may have been made the law enforcement officer issuing the ticket, by a court clerk or by a DMV keypunch operator.  Certified copies of the court file (including the ticket) can be obtained from the originating court, introduced into evidence at DMV hearing.  Misidentification:

1. Deprives the DOR hearing officer of use of the "conviction" or points to support DMV adverse action order (suspension, revocation, denial or habitual offender status), or driver would have meritorious grounds for appeal.  Multiple Colorado cases have been decided regarding improper application of the law, however none have been decided specifically on the issue of misidentification.

2. Will not affect the underlying court proceedings - but, they pertain to someone else.

3. May not be used as a subsequent driving under restraint criminal case jurisdictional attack.

4. May be a defense in a subsequent driving under restraint criminal charge as a collateral attack (DMV order void for lack of personal jurisdiction).  However that is questionable.  DMV has subject matter jurisdiction over license actions and personal jurisdiction is acquired when the notice of hearing is served.  There is no Colorado appellate caselaw on the issue of whether misidentification deprives the DMV of personal jurisdiction to proceed with adverse action.  If not argued at DMV hearing, use of an improper conviction may be considered a mere error in application of the law and denial of criminal case collateral attack.

        Points not identified on traffic infraction penalty assessment.
        Periodically a state court or municipal court traffic infraction penalty assessment has been paid by mail or paid at an expedited and simplified traffic violations bureau, and the law enforcement officer failed to provide notice on the traffic infraction penalty notice (ticket) of points for each relevant charge.  Certified copies of the court file (including the ticket) can be obtained from the originating court, introduced into evidence at DMV hearing.  Failure to provide notice of points:

1. Deprives the DOR hearing officer of use of the "conviction" or points to support DMV adverse action order (suspension, revocation, denial or habitual offender status), or driver would have meritorious grounds for appeal.  Three Colorado cases have been decided on point.  

2. Will not affect the underlying court proceedings or plea & payment.

3. May not be used as a subsequent driving under restraint criminal case jurisdictional attack.

4. May not be used as be a defense in a subsequent driving under restraint criminal charge as a collateral attack.  This issue does not rise to:
           DMV order void for lack of personal jurisdiction
           Deprivation of constitutionally protected right

5. This prohibition of usage for DMV adverse action is not applicable if, in the underlying traffic case, the driver appeared in court and entered a guilty plea or was convicted at trial. 

        Municipal court default judgment
        defendant failure to appear
        traffic infraction penalty assessment.
        Periodically the law enforcement officer issues a traffic infraction penalty notice (ticket) into municipal court, the driver failed to appear in municipal court and default judgment enters. Certified copies of the court file (including the ticket and the court register of action) can be obtained from the originating court, introduced into evidence at DMV hearing.  Municipal court FTA default judgment:

1. Deprives the DOR hearing officer of use of the "conviction" or points to support DMV adverse action order (suspension, revocation, denial or habitual offender status), or driver would have meritorious grounds for appeal.  One Colorado case has been decided on point.  

2. Will not affect the underlying court proceedings or the default judgment.

3. May not be used as a subsequent driving under restraint criminal case jurisdictional attack.

4. May not be used as be a defense in a subsequent driving under restraint criminal charge as a collateral attack.  This issue does not rise to:
           DMV order void for lack of personal jurisdiction
           Deprivation of constitutionally protected right

5. Will not affect the DMV noting the infraction plea on the consumer driving abstract
           insurance rates may increase

6. This prohibition of usage for DMV adverse action is not applicable if, in the underlying traffic case, the driver appeared in court and entered a guilty plea or was convicted at trial.

7. Caveat:  Failure to appear will result in an outstanding judgment warrant fee ($30 in state court) which must be paid before a driver is eligible for license renewal or reinstatement.  OJW hold triggers suspension, is a hold against future licensing and will cause driving under suspension charges to be brought against the driver if he or she operates a motor vehicle before becoming reinstated.

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        Penalty assessment notice deficiency.  Periodically a penalty assessment notice fails to comply with the requirements of Colorado state law.  Certified copies of the court file (including the ticket) can be obtained from the originating court, introduced into evidence at DMV hearing.  This has arisen in the context of the PA notice failing to advise the defendant that payment constitutes a guilty plea and will be used as a conviction.   PA notice deficiency:

1. Deprives the DOR hearing officer of use of the "conviction" or points to support DMV adverse action order (suspension, revocation, denial or habitual offender status), or driver would have meritorious grounds for appeal.  One Colorado case has been decided on point.  

2. Will not affect the underlying court proceedings or the judgment - 
           A separate collateral attack would be required in the underlying court proceedings
           If the DOR is unable to use the "conviction" or points for DMV adverse action, in my opinion separate collateral attack would be a waste of time and money unless
                   The driver will incur significant insurance or employment consequences, such as hazmat CDL.
                   DMV uses "convictions" and points for a statutory period of time when issuing DMV adverse action notices (suspension, revocation, denial or habitual offender status) - see Point Structure.  If the driver has no intent to be a law abiding citizen, but intends to be a "truly dangerous criminal" and anticipates receiving another minor traffic infraction or DUI within the near future, the same issue may arise before expiration of the point suspension period or the period for which revocation, denial or habitual offender status may enter.  If the driver is unable to control his / her behavior, collateral attack in the underlying court proceedings may be worthwhile.

3. May not be used as a subsequent driving under restraint criminal case jurisdictional attack.

4. May be a defense in a subsequent driving under restraint criminal charge as a collateral attack - (inadequate notice reaches constitutional proportions)  However that is questionable - no Colorado cases have been decided whether PA notice deficiency may be used as a collateral attack in a subsequent driving under restraint criminal charge.  If not argued at DMV hearing, use of an improper conviction may be considered a mere error in application of the law and denial of criminal case collateral attack.

5. Will not affect the DMV noting the infraction plea on the consumer driving abstract
           insurance rates may increase

6. This prohibition of usage for DMV adverse action is not applicable if, in the underlying traffic case, the driver appeared in court and entered a guilty plea or was convicted at trial.

        Constitutional deprivation
        penalty assessment notice deficiency or summons and
        complaint traffic offense.:
        A penalty assessment notice may be defective to the degree of constitutional proportions, or
        In a traffic offense, misdemeanor traffic offense or misdemeanor offense in a providency hearing under C.R.Crim.P. 11, the court may fail to adequately advise the defendant of his / her constitutional rights
        Whether PA notice, traffic offense, misdemeanor traffic offense or misdemeanor offense this usually arises as failure to advise of the right to counsel, but may be other constitutional rights.  Certified copies of the court file (including the ticket, register of action and transcript of court proceedings) can be obtained from the originating court, introduced into evidence at DMV hearing.  Error of constitutional proportion:

1. Deprives the DOR hearing officer of use of the "conviction" or points to support DMV adverse action order (suspension, revocation, denial or habitual offender status), or driver would have meritorious grounds for appeal.  Multiple Colorado cases have been decided on point.  

2. Will not affect the underlying court proceedings or the judgment - 
           A separate collateral attack would be required in the underlying court proceedings
           If the DOR is unable to use the "conviction" or points for DMV adverse action, in my opinion separate collateral attack would be a waste of time and money unless
                   The driver will incur significant insurance or employment consequences, such as hazmat CDL
                   DMV uses "convictions" and points for a statutory period of time when issuing DMV adverse action notices (suspension, revocation, denial or habitual offender status) - see Point Structure.  If the driver has no intent to be a law abiding citizen, but intends to be a "truly dangerous criminal" and anticipates receiving another minor traffic infraction or DUI within the near future, the same issue may arise before expiration of the point suspension period or the period for which revocation, denial or habitual offender status may enter.  If the driver is unable to control his / her behavior, collateral attack in the underlying court proceedings may be worthwhile.

3. May not be used as a subsequent driving under restraint criminal case jurisdictional attack.

4. May be used as a defense in a subsequent driving under restraint criminal charge as a collateral attack - (defect reaching constitutional proportions).  Multiple Colorado cases have been decided on point.

5. Will not affect the DMV noting the infraction or offense plea or conviction on the consumer driving abstract
           Insurance rates may increase

DMV PROCEEDINGS & DRIVER LICENSE MATTERS Selected Traffic & DMV Statutes & Regulations LOSS OF COLORADO DRIVING PRIVILEGES DMV Hearing Defense   DMV Appeal statute of limitations   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 District Court final order, either party make take the case on appeal to the Colorado Court of Appeals.

ATTORNEY'S FEES AND COSTS HABITUAL TRAFFIC OFFENDER LICENSE DEFENSE Colorado Traffic Defense and Criminal Defense Trial Practice 30+ Years FLAT FEE QUOTE  $5,000 HOURLY FEE RATE TRUST DEPOSIT TO RETAIN   map * travel policy - time & expenses * travel rates click jitney for travel tables outside El Paso County
hourly fees may be less than offered flat fees, however are not capped and more likely may exceed offered flat fees hourly fee option election by client --- payment of flat fee + estimated costs total trust deposit required to retain trust deposit overage - refunded at case conclusion   **   undercapitalization - immediate trust deposit required CLIENT'S INITIAL ELECTION RE FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL - refer to below options
attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
HABITUAL TRAFFIC OFFENDER DRIVER LICENSE DEFENSE   Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT     $ 5,000   $ 0   contested hearing 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 $5,000*           * refer to below conditions of flat fee and costs vs. hourly fees and costs * this shall not constitute an offer, nor be construed as a binding estimate
out of pocket litigation cost expenditures are the client's responsibility under hourly billing trust deposit for attorney fees & costs required refer below to costs absorption by attorney under flat fee billing structure
Habitual offender arises when sufficient convictions have occurred within a specified period as noted in this webpage.  Unless the DMV has assigned to the subject driver's abstract (driving record) a conviction pertaining to another person, the most likely defense to habitual finding is collateral attack - setting aside a former guilty plea or conviction.  Refer to the statute of limitations noted in that webpage - lapse of time may be problematic.  Collateral attack may be raised in the DMV hearing requesting continuance or reservation of jurisdiction to reconsider, however the attack occurs in the court of conviction and is independent from a DMV license hearing.
Contemplated within the above flat fee is one court case conviction collateral attack as well as fees for habitual offender DMV defense and litigation costs in both the court case and the DMV habitual case.  Cost absorption includes court records and transcripts.  Essentially, a flat fee quoted after consultation is "the only price."  If additional convictions are subject to attack, refer to collateral attack fees and costs.  Reinstatement fees, interlock or SR-22 insurance costs are not included in the flat fee.  If client elects hourly fee billing, trust deposit would be required for all costs incurred in DMV defense plus collateral attack fees and costs.  Under either the flat fee or hourly structure, travel would be additional if any case is outside El Paso County.
At the time of the first visit, a prospective client will be given a quote for fees and estimated costs. The quote will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Fee quote and costs trust deposit is dependent upon the facts and circumstances of each individual case.  Attorney fee options + litigation costs: hourly fees or habitual flat fee at client's discretion - client's initial election is final.  Litigation costs are not included in fees - client's obligation under an hourly billing, but would be absorbed by attorney in the flat fee structure and not billed to the client.  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.  Refer to:  a) first consultation  b) attorney fees * costs * billings page  c) additional information.
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 FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client appellate e-Filing District Court mandatory requirements eService personal service of process litigation costs fluctuate - not within attorney control 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 DMV Transcriptionists generic costs litigation generic costs criminal
Potential Expenses Price   Client Background Search Varies   DMV Out of State Driving Record 10.00   Accident Report - relevant only if traffic stop is also involved 20.00   Offense Report 25.00   DMV discovery packet - estimate (actual may be more or less) 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) _____   Foreign court copy expense _____   Foreign court fines and costs to cure unpaid ticket Varies   Traffic Safety Class 75.00   Public Service supervision fee 37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral costs _____   DMV Foreign jurisdiction DMV reinstatement fee 95.00   DMV Colorado reinstatement fee 4.40   DMV clearance letter - certified copy of Colorado driving abstract 500.00   Private Investigator - 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 $3 per page  250.00   Transcriptionist - law enforcement 911 / dispatch audio files & investigator interview audio recordings if relevant Varies   On-line legal research - dependent upon issues requiring legal research, if any Rates   Travel time and expenses if the case is outside El Paso County     Alcohol or Substance Testing & Testimony if Relevant 165.00   Toxicology - BAC Ethanol (alcohol) only 215.00   Toxicology - BAC Ethanol (alcohol) + NaFl (preservative) consult counsel or lab     Toxicology - UA qualitative or quantitative toxicology screen for marijuana, substance quantitative toxicology screen for marijuana or                          qualitative and quantitative drug screen 3,000     Laboratory - Toxicologist testimony hourly fees and travel mileage  -  if expert testimony relevant                           DMV & misdemeanor hourly rate $350 - 5 hours travel time + minimum 1.5 hours court time
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*  Refer to collateral attack fees and costs.

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

Thank you for considering my services; I appreciate your inquiry.

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