Insurance Actions

 

Home
Colorado DMV Appeals
Habitual Offender
Red License & Interlock
Interstate Compact
Insurance Actions
SR-22 Insurance
Remedial Links
Atty Contact & E-Mail
Maps & Directions
Ethics Disclosures
Privacy & Disclaimer
Attorney Documents
Attorney Vita

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 DMV INSURANCE ADVERSE ACTION
COLORADO SPRINGS DRIVER'S LICENSE DEFENSE 
Trial practice 25+ years Colorado state and municipal courts & Colorado DMV license hearings
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
UNINSURED SUSPENSION - DMV NOTICE HEARING PROCEDURES
UNINSURED SUSPENSION - CONVICTION FRA SUSPENSION WARNING
SEIZURE OF LICENSE PLATES POTENTIAL DEFENSES TRAFFIC COURT DEFENSE
DOR / DMV ADDRESS AND LINKS ACCIDENT REPORTS DMV FORMS
DO I NEED AN ATTORNEY?
ATTORNEY'S FEES AND COSTS

LEGAL RESEARCH

ACCOUNTING
RETAINING COUNSEL ALTERNATIVES
NOTICE DISCLAIMER ADVICE BY LAYMEN

ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters

Post Hearing - Appeal to District Court or Court of Appeals

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, and attorney is not the phone company 411 center for telephone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline requests of this nature.

DMV hearing defense occurs across Colorado - refer to travel. Travel Policies & Trade Area *  Itemized Expenses *  Colo Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

TRAFFIC DEFENSE

DUI - DWAI - DEAC  *  Driving Under Restraint  *  Hit & Run DMV DEFENSE DMV - DOR
Speeding  *  No Operator's License  *  Compulsory Insurance DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Weaving License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *  *  Red Light - Stop Sign Habitual Offender  *  Interstate Compact
Minor - Alcohol Traffic Definitions  Traffic Infraction vs. Crime  Traffic Cameras Insurance SR-22 Interlock  Driving Records
 

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.


        When stopped by a law enforcement officer, if the driver fails to produce evidence of Compulsory Insurance:

        The officer may simply issue a DMV compulsory insurance suspension notice (acting as a DMV agent) and not issue a summons and complaint (court ticket) for compulsory insurance   

        In reality, usually the law enforcement officer issues a summons and complaint (court ticket) and fails to issue a DMV a DMV compulsory insurance suspension notice.  See below section.

        Frankly, I don't think most law enforcement officers realize the DMV compulsory insurance suspension notice procedure is available.

        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.

************************* ************************* *************************

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



FIND A LAWYER ANYWHERE


Colorado DOR - DMV Overview
Page Overview

Page Top

 


        When stopped by a law enforcement officer, if the driver fails to produce evidence of Compulsory Insurance:

        The officer may simply issue a DMV compulsory insurance suspension notice (acting as a DMV agent) and not issue a summons and complaint (court ticket) for Compulsory Insurance   See above section.

        In reality, usually the law enforcement officer issues a summons and complaint (court ticket) and fails to issue a DMV a DMV compulsory insurance suspension notice.  

        Frankly, I don't think most law enforcement officers realize the DMV compulsory insurance suspension notice procedure is available.

        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.

************************* ************************* *************************

        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 Insurance3 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
 
************************* ************************* *************************

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



FIND A LAWYER ANYWHERE


Colorado DOR - DMV Overview
Page Overview

Page Top

 


ACCIDENT REPORTS & OTHER DMV FORMS
Colorado DMV forms, State of Colorado on-line accident report
State of Colorado accident report obsolete 8/4/04 * police now verify insurance at the accident scene
CSPD Accident Cold Report * CSPD Police Operations Center

 

Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, an on-line State of Colorado Accident Report must be submitted to the Colorado DMV within 10 days of an accident. CRS 42-4-1609  If the accident occurs within the City of Colorado Springs and an officer does not respond or complete an accident report, a CSPD Accident Cold Report is due within 72 hours.  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.  Refer to link in above box for DMV on-line accident report and Colorado DMV forms.  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.  If hit & run, an alcohol traffic offense such as DUI, DEAC, DWAI or MIP or hit & run 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.


SEIZURE OF VEHICLE LICENSE PLATES
COMPULSORY INSURANCE

        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.

************************* ************************* *************************

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.

CRS 42-7-605


POTENTIAL DEFENSES

        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.


 
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.


COLORADO DRIVER LICENSE DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

Probably not.

Compulsory Insurance suspensions can be cured by providing Evidence of Insurance or SR-22 Proof of Insurance to the DMV.  It is worthwhile to become reinstated, validly licensed and carry future insurance as may be required by law.  If you plan to continue driving after being suspended, take a peek-see at my primary website Driving Under Restraint page which includes driving after revocation prohibited.  Also review the Compulsory Insurance page for second offender penalties.  Not a plan.




FIND A LAWYER ANYWHERE


Colorado DOR - DMV Overview
Page Overview

Page Top

 


 
 
 

ATTORNEY'S FEES AND COSTS
INSURANCE SUSPENSION * REVOCATION * DENIAL
DRIVER LICENSE SUSPENSION * REVOCATION * DENIAL ACTIONS
COLORADO DMV * DOR * DRIVER LICENSE DEFENSE

Secure On-Line Payment

 
 
 

        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

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.

 

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

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
COLORADO STATE
COURT COSTS & FILING FEES
DMV Transcriptionists
generic costs litigation generic costs criminal
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report - relevant only if traffic stop is also involved
10.00   Local court archive records search fee (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
Varies   Court transcript or certified documents
37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral
60.00   DMV reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside Colorado Springs

If a collateral attack transcript of court proceedings is required, a common initial request for costs is $250 per uncontested case attacked.  If no transcript a common initial request for costs is $100 per case attacked.  If subpoena or subpoena duces tecum is required, anticipate $50 - 60 per witness for process service and payment of mileage and witness fees.  This shall not constitute an offer.  Absent collateral attack or subpoena or subpoena duces tecum, I generally do not request a trust deposit for costs in DMV cases.

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

 
 
************************* ************************* *************************
 
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. 


ATTORNEY REPRESENTATION
AND DECLINED MATTERS
 
DRUNK DRIVING - DUI DEFENSE TRAFFIC DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS
DRIVER LICENSE DEFENSE FAMILY LAW  DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE PRIMARY WEBSITE INDEX
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

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

third party payment authorization
charge card merchant discount
 
MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Defendant Pro Se - Attempt to Defend Own Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your driver's license defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept license 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 prepare an adequate defense before a DOR license suspension or revocation hearing, 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 defense of your own license hearing.  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.  DOR hearings are set quickly.  Please be aware, after other counsel's withdrawal it may be difficult for a new attorney to prepare your defense in time for hearing.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your defense, 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.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to prepare an adequate defense before a driver license hearing, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's defense tactics or theory of defense.  Please do not call for a second opinion or an opinion regarding the competence of your current defense.  I decline.

 
 
DMV APPEAL TO DISTRICT COURT OR COLORADO COURT OF APPEALS

Appeal.  Attorney welcomes DOR license suspension or revocation appeals to the District Court or to the Colorado Court of Appeals.  From the DMV Appeal Webpage Index, site visitors may find information regarding procedures anticipated in a DMV appeal.  If the attorney provided representation at the DOR hearing, he is familiar with the facts, testimony and exhibits received into evidence at hearing and meritorious issues for appeal.  Retaining counsel who did not provide DOR hearing representation requires a bit more familiarization by counsel.  Please refer to:

FIRST CONSULTATION AND DMV APPELLATE CASE PRELIMINARY REVIEW

First Consultation Regarding Appeal
Representation Provided at DMV Hearing

First Consultation Regarding Appeal
Representation NOT Provided at DMV Hearing

 
 

ATTORNEY TRADE AREA & TRAVEL
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.  Due to the limited nature of DMV hearing defense, it is not economically justifiable for a client to pay DMV hearing travel time or expenses outside El Paso County.

DMV hearing defense - limited trade area

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 from out of state or are 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

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.

DMV APPEALS
Southern Colorado Area

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

COUNTIES

CITIES / TOWNS

DMV APPEALS
Metro Denver Area

El Paso County Colorado Springs / Manitou Springs / Fountain
Chaffee County Salida

COLORADO COURT OF APPEALS

Crowley County Ordway

COUNTIES

CITIES / TOWNS

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

Adobe Acrobat Reader version 5 or later is required to view .pdf files  Free Download

BEFORE USING ANY INFORMATION IN THIS WEBSITE, PLEASE REFER TO BELOW LINKS
NOTICE AND DISCLAIMER
Notice to Website Visitors
please read before using website
ATTORNEY ETHICS & CLIENT DISCLOSURES
Prior Convictions or Bad Acts
important warning information before disclosure
CONTACT AND PRIVACY
Confidentiality & Privacy Policy
email, and cordless, wireless or cell phones

please feel free to call or email if you are a client or are seeking representation  

 
FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter
 

PRIMARY WEBSITE

HOMEPAGE  

   DUI & TRAFFIC GATEWAY
 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL
TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE DOMESTIC VIOLENCE DEFENSE
PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE CRIMINAL DEFENSE
SEALING CRIMINAL RECORDS COLORADO DIVORCE DISSOLUTION OF MARRIAGE
LEGAL SEPARATION SUPPORT ENFORCEMENT CHILD SUPPORT
PATERNITY - LEGAL PARENTAGE STEP-PARENT ADOPTION GRANDPARENT ADOPTION
RESTRAINING ORDERS FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

MAJOR SEARCH ENGINES

All the Web AltaVista AOL Search Ask Jeeves aka Teoma
Dogpile Excite Google InfoSeek - Go
LookSmart Lycos Microsoft Network Netscape
Overture Search WebCrawler Yahoo!

Topical Website Copyright © 2003 - All Rights Reserved - Document Revised May 06, 2009
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: February 8, 2004

 

Serving Colorado Springs Area Zip Codes

 
80918 80920 80919 80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 80905 80906 80907 80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 80937 80940 80941 80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977 80995 90997

Colorado Department of Revenue, Division of Motor Vehicles, Colorado DOR, Colorado DMV, Colorado MVD, DMV hearing, DMV administrative hearing, DMV license hearing, DMV driver license hearing, DOR license hearing, DOR driver license hearing, suspension, revocation, denial, suspended, revoked, denied, uninsured motorist, uninsured motorist suspension, uninsured motorist revocation, uninsured motorist denial, notice, hearing, conviction, compulsory insurance, SR-22, FRA, financial responsibility act, seizure, seize license plates, adverse action, Colorado driver's license, Colorado driver license, Colorado driving privileges, driver license suspension, driver's license suspension, driver license revocation, driver's license revocation, driver license denial, driver's license denial, Colorado Springs, El Paso County, Colorado, court, license defense, traffic defense, defense lawyer, lawyer, attorney




FIND A LAWYER ANYWHERE


Colorado DOR - DMV Overview
Page Overview

Page Top

 

Hit Counter