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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

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ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice to Clients - Not General Public
No Pro Bono Assistance or Installment Payment
Representation Now - Another Attorney or Self
Post Hearing - Appeal to District Court or Court of Appeals
Cases Outside Colorado Springs - Travel

 

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



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Colorado DOR - DMV Overview
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        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



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Colorado DOR - DMV Overview
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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 & runcharges 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 
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.


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

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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 * DORDRIVER 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. 
 
 
 

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

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