Robert D. Gustafson, Attorney At Law COLORADO SPRINGS TRIAL LAWYER
6538 Charter Drive Colorado Springs, CO 80918-1335 Phone (719) 260-1002 Toll Free (800) 410-1002 E-MAIL    ATTORNEY COLORADO DMV INSURANCE ACTIONS COLORADO SPRINGS DRIVER LICENSE DEFENSE		Attorney Business Hours Attorney Availability Status FREE INITIAL CONSULTATION Fax (719) 260-1003
WELCOME I appreciate your interest perhaps I will become your attorney	PRIVATE ATTORNEY NOT THE DMV
I appreciate representation inquiries but please don't call thinking this office is the Colorado DMV

Colorado uninsured motorist or uninsured driver - defense against driver's license suspension, revocation or denial by Colorado Department of Revenue, Division of Motor Vehicles - DOR / DMV / MVD. Compulsory insurance adverse actions against Colorado driver license or Colorado driving privileges - uninsured motorist, notice of hearing, hearing notice, failure to maintain compulsory insurance or conviction of compulsory insurance, SR-22 insurance, FRA, financial responsibility act, license plate seizure, seize of license plates.

        You may have received or receive notice from the Colorado Dept. of Revenue, Division of Motor Vehicles for suspension of your driving privileges under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7.  Such notices are frequently served by the law enforcement officer at the time of the stop, however can be sent direct from the Colorado Dept. of Revenue, Division of Motor Vehicles in Denver.

FAILURE TO TIMELY REQUEST SUSPENSION HEARING
        If you receive a notice from the Colorado Dept. of Revenue, Division of Motor Vehicles for suspension of your driving privileges under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7, you must request a hearing within seven (7) days.  If you fail to timely request a hearing, you will default on a statute of limitations and your right to a hearing will be waived. Failure to timely request a hearing is only subject to attack if you were incarcerated or in the hospital. Your driving privileges in Colorado would therefore be suspended indefinitely until you provide to the Colorado DMV SR-22 Proof of Insurance and the $60 reinstatement fee. SR-22 Proof of Insurance must be carried for 3 years. You should immediately reinstate.

UNINSURED MOTORIST SUSPENSION
NOTICE RECEIVED - TIMELY HEARING REQUEST
        If you receive a notice from the Colorado Dept. of Revenue, Division of Motor Vehicles for suspension of your driving privileges under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7 and timely request a hearing within seven (7) days, suspension will be delayed until hearing date.  Your license will be suspended at hearing unless you can provide:
            1. Evidence of Insurance at the time of the stop or 
            2. at the time of request you provide:
                    a. Evidence of Current Insurance (your insurance card) and 
                    b.  compliance with CRS 42-7-302 (release from liability from the alleged victim), 

        A driver may immediately reinstate at the time of the hearing by providing SR-22 Proof of Insurance and paying the $60 reinstatement fee.

UNINSURED MOTORIST SUSPENSION

1.         If you have not yet received a notice from the Colorado Depart. of Revenue, Division of Motor Vehicles, that doesn't mean you will not.  It may come later - there is no statute of limitations on when the DMV must initiate the suspension proceedings.  If you receive the notice, request a hearing as indicated below.

2.         If you received a notice from the Colorado Depart. of Revenue, Division of Motor Vehicles under the Colorado uninsured motorist suspension statute, CRS 42-2-127.7 and the 7 day statute of limitations has not yet expired, you must request a hearing within 7 days from the date of receipt or 10 days from the date of mailing, whichever is sooner. Request for license suspension hearings may be made at any DMV office where licenses are renewed or granted; a list of local agencies is provided below. When you request a hearing you must surrender your license, however you will be given a temporary permit to drive until the hearing.  When you request hearing, ask the DMV to order the presence of the law enforcement officer(s) at the hearing.

3.         If you had motor vehicle insurance at the time of the stop, CRS 42-2-127.7(4)(d) provides the DMV must rescind the suspension (it never happened) and must re-issue you a license for the cost of $5.00. Take evidence from your insurance company reflecting coverage as of the date of the stop. This can be a binder, your insurance card or a letter from your insurance agent on company letterhead.

4.         If you did not have motor vehicle insurance at the time of the stop, CRS 42-2-127.7(4)(c) provides the notice shall also state that the person may avoid suspension by filing with the department proof of financial responsibility for the future (3 year requirement) - SR-22 Proof of Insurance, or by compliance with CRS 42-7-302 (release from liability from the alleged victim). You may find Dept. of Revenue forms at link DMV Forms Related to Driving

5.         DMV will likely deny your argument, however you would have a justiciable issue for appeal. An appeal would probably be economically justified to avoid expense of the SR-22 Proof of Insurance requirement . Check with insurance agents to determine SR-22 Proof of Insurance costs over a 3 year period.

        When a driver requests a hearing on suspension of driving privileges, the driver later receives a notice of hearing date from the Colorado Department of Revenue, Division of Motor Vehicles.  If you are a client, please provide a copy to me regardless of whether or not you retain my services for the DMV hearing.  A request for continuance of the hearing will result in denial of driving privileges during the extension.  If you fail to appear for such a hearing, the license will be suspended or driving privileges denied if you are a driver licensed out of state.  If you appear and lose the hearing, the DMV will suspend or deny the license but may not put you in jail.  You have the license to gain and nothing to lose by appearing for a DMV hearing - attend.

        DMV notices are sometimes sent certified mail, usually not.  Go to your Post Office immediately if you receive a slip advising you the carrier attempted to deliver certified mail.  If you have not given the DMV your current address, do so immediately.  The DMV is only required to provide notices to the last address in their records (which would include the address on a summons and complaint (ticket).  You may accomplish suspension hearing request or address changes at any DMV office.  Refer to: Colorado Spring Regional Service Center and DMV area satellite offices.

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SUMMARY - . Uninsured Motorist - Compulsory Insurance DMV Notice - Driver's License Suspension
        1. Period of driving privilege loss: indefinite until driver files SR-22 Proof of Insurance and pays reinstatement fee.
        2. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no
        3. Interlock license available in the discretion of the DMV if you meet criteria: yes
        4. SR-22 Proof of Insurance required for reinstatement: yes
CRS 42-7-127.7

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Colorado DOR - DMV Overview Page Overview Page Top

        When a summons and complaint (court ticket) for Compulsory Insurance is issued, the court will dismiss the charge upon receipt of evidence that the vehicle was insured on the date of the summons and the driver was insured to drive the vehicle.  Compulsory Insurance - refer to my primary website for information regarding the traffic court charges.

        If Compulsory Insurance CRS 42-4-1409 court conviction enters, the below DMV sanctions will be imposed.

1. Operator and / or OWNER of the vehicle   CRS 42-4-1409(1)
           a.  Upon receipt of a Compulsory Insurance - Operator and / or OWNER of the vehicle - court conviction certified record, DMV sends written notice to the driver that he / she has 20 days to provide SR-22 Proof of Insurance for the following 3 years.  If the driver fails to provide such proof or fails to maintain such SR-22 Proof of Insurance, the DMV then suspends the driver's license without hearing or further notice and by law can not reinstate the license until SR-22 Proof of Insurance is provided by driver.  CRS 42-4-1410(2)
           b. Period of driving privilege loss: indefinite until you provide SR-22 Proof of Insurance and comply with reinstatement restitution provisions regarding damage to a third person.
           c. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no
           d. Interlock license available in the discretion of the DMV if you meet criteria: no
           e. SR-22 Proof of Insurance required for reinstatement: yes  CRS 42-4-1410(1)
                   SR-22 Proof of Insurance may cost between $1,200 - $3,600 per year, but if you fail to obtain or maintain the high risk insurance, your license will be suspended without hearing.

2. Operator but NOT THE OWNER of the vehicle   CRS 42-4-1409(2)
           DMV insurance suspension proceedings under CRS 42-7-1410 are not triggered
           SR-22 Proof of Insurance requirements are not triggered.

        If a person's driver's license is suspended under Compulsory Insurance law and SR-22 Proof of Insurance requirements, and the person thereafter drives before becoming reinstated, the driver would be subject to criminal charges.  Refer to my primary website Driving Under Restraint page - includes driving after revocation prohibited

1. Every driver involved in an accident is required to file an accident report with the State of Colorado.  On the accident report, the driver must provide information regarding motor vehicle insurance in effect at the time of the accident.  Accident report forms are linked below.

2. If multiple vehicles are involved, each report is cross-checked against other drivers.

3. Police who respond to an accident file an accident report with the Colorado DMV.  

4. Auto body repair shops are also required to file reports when repairing accident damage.

5. Chances are pretty good the DMV FRA Section will receive notice of an accident.

6. The DMV FRA Section verifies coverage or lack thereof with each driver's insurance company.

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        If DMV FRA Section can not verify a complying policy of motor vehicle insurance in effect at the time of the accident (insurance company and policy number is not noted on the police accident report or insurance company states policy lapsed):

1. DMV sends driver a written notice to the driver that he / she has 20 days to provide Evidence of Insurance, or an FRA suspension will be imposed against the license or driving privileges.  CRS 42-7-202, CRS 42-7-301(3)(a)

2. If during that 20 days driving makes a written request for hearing, hearing will be held.  CRS 42-7-201(2)(a)&(b)  Driver is also entitled to judicial review of DOR determination.  CRS 42-7-301(3)(c), 42-7-201(2)(e)

3. If Evidence of Insurance is provided within that 20 days, no action is taken.  If not insured, the driver has problems.  CRS 42-7-202.

4. If the driver fails to provide such Evidence of Insurance within 20 days, the DMV then enters an FRA suspension against the driver's license without hearing or further notice under the FRA.  CRS 42-7-202, CRS 42-7-301(4),
               a.  Period of driving privilege loss: indefinite until the driver provides SR-22 Proof of Insurance and comply with reinstatement restitution provisions regarding damage to a third person - see DMV Forms below.  By law the DMV can not reinstate the license until SR-22 Proof of Insurance is provided by driver.  CRS 42-7-303
               b.  Period of mandatory SR-22 Proof of Insurance:  3 years.  
               c.  What happens if the driver lets the SR-22 Proof of Insurance lapse
                       If the driver fails to provide such proof or fails to maintain such SR-22 Proof of Insurance, the DMV then enters an insurance term revocation without hearing or further notice and by law can not reinstate the license until SR-22 Proof of Insurance is again provided by driver.  CRS 42-7-301(7)(b)
               d. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no
               e. Interlock license available in the discretion of the DMV if you meet criteria: no
               f. SR-22 Proof of Insurance required for reinstatement: yes  
                      SR-22 Proof of Insurance may cost between $1,200 - $3,600 per year, but if you fail to obtain or maintain the high risk insurance, your license will be suspended without hearing.

        If a person's driver's license is suspended FRA law and SR-22 Proof of Insurance requirements, and the person thereafter drives before becoming reinstated, the driver would be subject to criminal charges.  Refer to my primary website Driving Under Restraint page - includes driving after revocation prohibited

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FRA SUMMARY - Financial Responsibility Act - Compulsory Insurance

1. Accident report is submitted to DMV by you or other driver pursuant to CRS 42-7-202(1)(a)

2. Accident report is required within 10 days of accident.  CRS 42-7-202(1)(a)

3. DMV will send notice to your last known address demanding that within 20 days you provide Evidence of Insurance coverage on the date of accident. CRS 42-7-301(3)(a)

4. Period of driving privilege loss: indefinite until you provide SR-22 Proof of Insurance and comply with reinstatement restitution provisions regarding damage to a third person. CRS 42-7-303

5. Probationary license (red license to drive back and forth to work or on the job) available in the discretion of the DMV if you meet criteria: no

6. Interlock license available in the discretion of the DMV if you meet criteria: no

7. SR-22 Proof of Insurance required for reinstatement: yes

CRS 42-7-101, CRS 42-7-202, CRS 42-7-301, CRS 42-7-303

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Colorado DOR - DMV Overview Page Overview Page Top

        Colorado law requires insurance companies to report all vehicle policies. When a vehicle becomes uninsured, the owner should receive a notice and must provide Evidence of Insurance to the DMV with 45 days or the vehicle license plates will be seized. CRS 42-7-605  If it has not previously occurred, report of this conviction may trigger the notice and license plate seizure order.

        The most likely time to have the plates physically seized would be during a traffic stop for some minor infraction. Seizure would likely result in the vehicle being impounded as it can not be driven on public roadways without a valid license plate.

        Make certain the vehicle is insured as quickly as possible if you have not already done so.

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SUMMARY - Motor Vehicle License Tag Seizure - Lack of Financial Responsibility

1. Insurance companies are required to report coverage to the DMV.

2. DMV computer records comparison reveals lack of insurance on vehicle for 45 days

3. DMV sends notice to owner that owner has 45 days to provide insurance evidence

4. If owner fails to provide DMV with insurance evidence, vehicle license plates are subject to immediate seizure. Any officer who stops the vehicle should have a screw driver in the trunk to seize the vehicle license tags.

5. Absent tags, vehicle is not "street legal" and will likely be towed to impound.

        In a license suspension hearing for Compulsory Insurance commenced upon DMV notice issued by a law enforcement officer pursuant to CRS 42-2-127.7, a driver may argue reasonable suspicion for the stop.  Otherwise, a complying policy of insurance as indicated in the above sections is the only defense.  Time to get reinstated and properly insured.

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Colorado DOR - DMV Overview Page Overview Page Top

        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 hearing limited flat fee.  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.

POTENTIAL FEE QUOTE INSURANCE SUSPENSION * REVOCATION * DENIAL COLORADO DMV * DOR -  DRIVER LICENSE DEFENSE HEARING FLAT FEE $650 HOURLY FEE RATE I offer hourly fees or a hearing limited flat fee.  The hearing limited flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote for insurance related adverse action hearings. This shall neither constitute an offer, nor be construed as a binding estimate. If collateral attack is required on an underlying compulsory insurance court conviction, the attorney would need to know more about the number and locations of underlying court cases to be attacked before offering a hearing limited flat fee quote.  Caveat:  The hearing limited fee would not be offered in the event of collateral attack upon prior convictions.        TRUST DEPOSIT REQUEST 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.
Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT $     650   $       50     DMV hearing common trust deposit request including attorney's fees & litigation costs - excluding travel map * travel policy - time & expenses * travel rates $700*   insurance suspension * revocation * denial defense * 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 FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED PAYPAL ACCEPTED Secure On-Line Payment 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