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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter Drive
Colorado Springs, CO 80918-1335 |
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ATTORNEY PHONE
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NOT
DMV
Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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COLORADO
TRAFFIC INTERSTATE COMPACT
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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Colorado Interstate Compact, DMV License
Defense, Colorado Interstate Traffic Compact, Colorado traffic tickets, out of
state traffic tickets, effect, driver license, driving, driver, license,
suspension, revocation, denial, reinstatement, driving, privileges, warrant,
unpaid ticket, clearance letter, home state, foreign jurisdiction, motor
vehicles, court, Colorado Department of Revenue, Colorado Division of Motor
Vehicles, Colorado DOR, Colorado DMV, Colorado MVD, Department of Revenue,
Colorado Springs, El Paso County, Colorado, court, license defense, traffic
ticket defense, traffic defense, defense lawyer, lawyer, attorney
Colorado has adopted and is a member of the interstate compact. CRS
24-60-1101 Interstate Driver's License Compact Article I and CRS
24-60-2101 - Interstate Non-Resident Violator Compact
If an out of
state driver receives a traffic ticket in Colorado, it may be reported to the
driver's home state. The same is true in reverse. If you hold a Colorado driver's license and
receive a ticket out of state, if reported Colorado may take adverse action as
though the ticket occurred here.
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NATIONAL RECORDS
AND FALSE INFORMATION |
To this attorney's knowledge, other than the FBI NCIC -
National
Criminal Justice Information Center, no database is available
wherein driving records from all states are available. That will probably
come in time with technological advancements.
Colorado DMV Driver Control and other state agencies have access to the
National
Driver Register - a separate database which
identifies drivers under adverse action in any state nationwide. An
individual may request his or her own records to determine whether he or she is
identified therein - refer to link.
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Colorado DMV checks
driver's license applications against the nationwide hold database. CRS
24-60-1101 Interstate Compact Article V The compact
requires all member states to conduct similar checks in the
National
Driver Register.
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If you are or attempt to become
a Colorado licensed driver and give false information to the Colorado DMV
when applying for a license, you will be charged with making a false
application. CRS
42-2-132(3)
Class 2 misdemeanor
traffic offense punishable
Maximum $500 fine
Maximum 6 months jail
Automatic one year
revocation of Colorado driving privileges CRS
42-2-125(11)(e)
This offense is
identified as a major traffic offense for purposes of the habitual
traffic offender statute - 5 year loss of driving privileges. For
more information, please refer to my primary website
Habitual
Offender page.
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If you are or attempt to
become a driver licensed in another state and give false information to the
foreign state DMV when applying for a license, if the foreign state has
similar practices and statutes you may have similar consequences. Check
with legal counsel in your home state
MAJOR
OFFENSES
The following offenses are reported from Colorado to the home state.
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Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
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Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
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Any felony in the commission of which a motor vehicle is used;
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Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
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CRS
24-60-1101 Interstate Driver's License Compact Article IV
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CRS
24-60-1105(1) Interstate Driver's License Compact - Assessment of Points
ALCOHOL
RELATED TRAFFIC OFFENSE OR REVOCATION
Many states have
intoxication offenses (DUI
or
DEAC
equivalent), but no equivalent lesser included impairment (DWAI)
offenses. Your home state may not be able to give any effect to a Colorado
DWAI
conviction. Similarly, to give effect to a Colorado revocation for excessive
alcohol content or refusing a chemical test, your home state must have a
similar statute.
If a an out of state driver's license was physically
seized in Colorado, the driver may be able to legally obtain a duplicate license from
his / her home state. The driver should check with his / her home state of
issuance, advise them of the revocation or denial, and ask if they will
issue a duplicate license with knowledge of the Colorado denial.
If the conviction, revocation
or denial were reported by Colorado under the interstate compact and
the home state takes adverse action, no duplicate will be available.
This attorney can find no
statutory authority for reporting DMV administrative revocation based upon
excessive alcohol content.
If a
duplicate were issued by the home state, the duplicate out of state license may be valid to drive in
the home state and any other state, but would not be valid in Colorado until you obtain reinstatement and a
clearance letter here.
Check with the home state DMV and local counsel
in your home state.
TRAFFIC
INFRACTIONS AND
OFFENSES OTHER THAN MAJOR OFFENSES
All violation convictions are to be reported to the home state. CRS
24-60-1101 Interstate Driver's License Compact Article III
As a practical matter, employees of Colorado DMV Driver Control have indicated traffic
violations other than major offenses identified above are not reported to the home state unless the out of
state licensed driver fails to pay or otherwise resolve the ticket. This
attorney has seen multiple instances where minor traffic violation or infraction
convictions were reported by Colorado to the home state where the ticket was
timely paid. Plan on any conviction (even a minor infraction) being
reported by the Colorado DMV to the home state DMV.
POINTS OR
OTHER ADVERSE ACTION
If your license was issued by
another state and Colorado reports a conviction, your home state will take action
against your driver's license as though you were convicted in that state.
Even if not alcohol related, the report could generate point suspension or other
adverse by your home state.
If your home state has a statutory
scheme similar in nature to Colorado, If
the home state statutory scheme is different from Colorado, and some are, no action can be taken against your
license by your home state on the basis of the Colorado conviction.
Colorado
Points - point system and points assessed for common tickets
CRS
24-60-1101 Interstate Driver's License Compact Article IV
CRS
24-60-1105(1) Interstate Driver's License Compact - Assessment of Points
EFFECT OF
COLORADO SUSPENSION * REVOCATION * DENIAL
Even if the Colorado DMV adverse
action is not reported
to your home state or if your home state takes no adverse action against your
driver's license:
Colorado may enter a
suspension, revocation or denial against the driving privileges of a person
licensed in another state. During the time such adverse action is in
effect, the foreign license is invalid in Colorado. CRS
42-2-123(1) CRS
42-2-134
The suspension, revocation or
denial will remain in effect in Colorado until you become reinstated.
If you drive in Colorado before becoming reinstated, you are subject to
arrest for driving under suspension, revocation or denial which can be quite
serious. For more information, please refer to my primary website
Driving
Under Restraint page.
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Expiration of the period of
suspension, revocation or denial is not sufficient to end the adverse
action. You must take the steps necessary to reinstate. For more
information, please refer to the Clearance Letter subsection below and refer
to my primary website
DMV
Addresses and Links page.
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When the out of state license comes up
for renewal, the driver will likely be asked if he / she is under suspension, revocation
or denial in any other state. If so, the home state will require that the
driver clear the Colorado adverse action before issuing a new or renewal driver's
license.
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You must take whatever steps are necessary to reinstate in
Colorado when you become eligible for reinstatement.
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CRS
24-60-1101 Interstate Compact Article V
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FAILURE TO
PAY OR OTHERWISE RESOLVE
COLORADO TRAFFIC INFRACTIONS OR OFFENSES
Colorado has adopted and is a member of the interstate compact. CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article IV
The purpose of the Non-Resident Violator Compact is to avoid unnecessary
inconvenience and hardship of arrest and detention or bond and collateral, yet
to secure appearance at trial. Upon
failure to appear, failure to pay or other default:
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The local Colorado court will issue a
warrant for your arrest if the ticket is for a traffic offense for which
jail could be imposed.
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A $30 OJW fee (outstanding
judgment warrant fee) will be assessed regardless of whether the ticket is
for a traffic offense or traffic infraction.
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The local Colorado court will report the
failure to the Colorado DMV.
The Colorado DMV may, but need
not suspend the Colorado driving privileges of the out of state driver.
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The Colorado DMV will report the
failure to the home state licensing authority. Report to the home
state is limited to 6 months from date of ticket issuance.
CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article III
and CRS
42-2-123(1) and (2)
Upon receipt of notice from Colorado DMV, the home state is required to notify
the driver and initiate an action to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to the home jurisdiction licensing authority.
Bottom line - the driver must pay the ticket or otherwise resolve the Colorado
traffic court case, then obtain a clearance letter from the Colorado DMV and
provide to his / her home state licensing authority. CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article IV
CAVEAT: Provisions of the Non-Resident Violator Compact do not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.
CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article VII
CLEARANCE LETTER
Failure
to Pay or otherwise Resolve An
out of state licensed driver may contact the licensing authority in his / her
home state to determine if any interstate holds exist against the license.
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The licensing authority can
access an available database which
identifies drivers under adverse action in any state nationwide.
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The licensing authority will
advise the driver
Each relevant hold
Summons number or other
identifying information
Telephone number and
address to the licensing authority of the issuing jurisdiction
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The driver must contact the
licensing authority of each issuing jurisdiction which will advise the
driver:
Each relevant hold
Court case number or
other identifying information
Telephone number and
address to the local court within the issuing jurisdiction
Licensing authorities
Colorado
DMV Driver Control
DMV
Offices - Foreign States
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The driver must contact the
local court of each issuing jurisdiction
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The court will advise the
driver of the alleged default and action necessary to cure
The driver's goal to for
the local court to fax the completion proof
To the driver or
counsel
To the licensing
authority of the issuing jurisdiction (here -
Colorado
DMV Driver Control)
To the licensing
authority of the home state
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Proof of completion must
ultimately be received by the licensing authority in the home state to
reinstate
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The driver will likely be
required to pay a reinstatement fee to the licensing authority in the home
state
Note - the above process can
be time consuming, but clearance letters can be obtained and licenses
suspensions / holds can be cured.
Suspension, Revocation or
Denial
Upon expiration of the period of suspension, revocation or denial the out of
state driver should contact the
Colorado Department of Revenue, Division of
Motor Vehicles, Driver Control Section. Please refer to my primary
website
DMV
Addresses and Links page.
Colorado
DMV Driver Control will advise you of
action required to reinstate and obtain a clearance letter. The clearance
letter must then be presented to the licensing authority of the home state. If
the revocation or denial was alcohol related and SR-22 insurance would be
required to reinstate, as an out of state resident carrying an out of state
license, the driver may be able to avoid the SR-22 requirement with submission
of
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DRIVER LICENSED OUT
OF STATE - COLORADO TICKET |
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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
driving under restraint
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. |
MAJOR
OFFENSES
As the home state issuing the license, Colorado will take adverse action upon
following offenses reported by a foreign jurisdiction regarding the
following offenses.
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Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
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Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle;
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Any felony in the commission of which a motor vehicle is used;
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Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.
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CRS
24-60-1101 Interstate Driver's License Compact Article IV
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CRS
24-60-1105(1) Interstate Driver's License Compact - Assessment of Points
The law in the foreign jurisdiction must be substantially similar to the
Colorado offense counterpart. A conviction reported by another state to
Colorado will not be considered unless the executive director of the Colorado Department of
Revenue has made a finding with respect thereto that the prerequisites to such conviction in such other state with respect to trial by jury, burden of proof, and elements of the offense are not less stringent than such prerequisites to conviction for such offense in this state.
CRS
24-60-1105(1) Interstate Driver's License Compact - Assessment of Points
ALCOHOL
RELATED TRAFFIC OFFENSES
Colorado has both an
intoxication offense (DUI) as well as a lesser included impairment (DWAI)
offense and an excessive alcohol concentration offense (DEAC).
If a Colorado licensed driver is convicted of an alcohol related traffic offense
in another state, and the issuing state reports the conviction to Colorado, the
Colorado DMV will take action against the driver as though the alcohol traffic
offense conviction occurred in Colorado. CRS
24-60-1101 Interstate Driver's License Compact Article IV
Idaho
DWAI
given effect in Colorado - see Kramer v. Colorado Dept. of Rev., 964 P.2d 629 (Colo. App. 1998)
This attorney can find no
statutory authority for reporting DMV administrative revocation based upon
excessive alcohol content.
If a Colorado driver's license was physically
seized by another state, the driver may be able to legally obtain a duplicate license from
Colorado if the offense has not been reported under the interstate
compact. If so, the duplicate Colorado license may be valid to drive in
Colorado and any other state except the foreign jurisdiction in which the
conviction occurred unless the foreign jurisdiction issuing state reports under the interstate compact and
Colorado takes adverse action. Check with
Colorado
DMV Driver Control.
TRAFFIC
INFRACTIONS AND
OFFENSES OTHER THAN MAJOR OFFENSES
All violation convictions are to be reported to the home state (Colorado).
CRS
24-60-1101 Interstate Driver's License Compact Article III
As the home state issuing the license, Colorado will not take
adverse action upon following offenses reported to Colorado by a foreign
jurisdiction regarding minor traffic infractions or offenses other than
indicated above. CRS
24-60-1105(2) Interstate Driver's License Compact - Assessment of Points
POINTS OR
OTHER ADVERSE ACTION
If your license was issued by Colorado and the foreign jurisdiction
issuing state reports a major offense conviction, Colorado will take action
against your driver's license as though you were convicted here. Even
if not alcohol related, the report could generate point suspension or other
adverse by Colorado.
If
the foreign jurisdiction issuing state statutory scheme is different
from Colorado, and some are, no action can be taken against your
license by Colorado on the basis of the Colorado the foreign jurisdiction
issuing state conviction.
Colorado
Points - point system and points assessed for common tickets
CRS
24-60-1101 Interstate Driver's License Compact Article IV
CRS
24-60-1105(1) Interstate Driver's License Compact - Assessment of Points
EFFECT OF
OUT OF STATE SUSPENSION * REVOCATION * DENIAL
Even if the foreign state DMV adverse
action is not reported
to the Colorado DMV or if the Colorado DMV takes no adverse action against your
driver's license:
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The suspension, revocation or
denial will remain in effect in the foreign state until you become reinstated.
If you drive in that foreign state before becoming reinstated, you are subject to
arrest for driving under suspension, revocation or denial which may be quite
serious. Consult legal counsel in the foreign state.
Expiration of the period of
suspension, revocation or denial may not sufficient to end the adverse
action. You may be required to take the steps necessary to reinstate. For
more
information, you may refer to the
Clearance Letter subsection below and refer
to my primary website
DMV
Addresses and Links
page. Under any circumstance, you should consult legal counsel in the foreign state.
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When the Colorado license comes up
for renewal, the driver will be asked if he / she is under suspension, revocation
or denial in any other state. If so,
Colorado
DMV Driver Control will require that the
driver clear the foreign state adverse action before issuing a new or renewal
Colorado driver's
license.
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You must take whatever steps are necessary to reinstate in
the foreign state when you become eligible for reinstatement.
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CRS
24-60-1101 Interstate Compact Article V
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FAILURE TO
PAY OR OTHERWISE RESOLVE
OUT OF STATE TRAFFIC INFRACTIONS OR OFFENSES
Colorado has adopted and is a member of the interstate compact. CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article IV
The purpose of the Non-Resident Violator Compact is to avoid unnecessary
inconvenience and hardship of arrest and detention or bond and collateral, yet
to secure appearance at trial. Upon
failure to appear, failure to pay or other default:
-
The foreign court will likely issue a
warrant for your arrest if the ticket is for a traffic offense for which
jail could be imposed.
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A outstanding
judgment warrant fee may be assessed regardless of whether the ticket is
for a traffic offense or traffic infraction.
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The foreign court will report the
failure to the foreign (issuing state) DMV.
The foreign (issuing state) DMV may, but need
not suspend the driving privileges in that state.
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The foreign (issuing state) DMV will report the
failure to the Colorado licensing authority -
Colorado
DMV Driver Control. Report to
Colorado
DMV Driver Control is limited to 6 months from date of ticket issuance.
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CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article III
and CRS
42-2-123(1) and (2)
Upon receipt of notice from the foreign (issuing state) DMV,
Colorado
DMV Driver Control is required to notify
the driver and initiate an action to suspend the motorist's driver's license until satisfactory evidence of compliance with the terms of the traffic citation has been furnished to
Colorado
DMV Driver Control.
Bottom line - the driver must pay the ticket or otherwise resolve the out of
state
traffic court case, then obtain a clearance letter from the foreign (issuing
state) licensing authority and
provide to
Colorado
DMV Driver Control.
CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article IV
CAVEAT: Provisions of the Non-Resident Violator Compact do not apply to parking or standing violations, highway weight limit violations, and violations of law governing the transportation of hazardous materials.
CRS
24-60-2101 - Interstate Non-Resident Violator Compact - Article VII
CLEARANCE LETTER
Failure
to Pay or otherwise Resolve A
Colorado licensed driver may contact
Colorado
DMV Driver Control to determine if any interstate holds exist against the license.
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Colorado
DMV Driver Control can
access an available database which
identifies drivers under adverse action in any state nationwide.
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Colorado
DMV Driver Control will
advise the driver
Each relevant hold
Summons number or other
identifying information
Telephone number and
address to the licensing authority of the issuing jurisdiction
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The driver must contact the
licensing authority of each issuing jurisdiction which will advise the
driver:
Each relevant hold
Court case number or
other identifying information
Telephone number and
address to the local court within the issuing jurisdiction
Licensing authorities
Colorado
DMV Driver Control
DMV Offices - Foreign States
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The driver must contact the
local court of each issuing jurisdiction
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The court will advise the
driver of the alleged default and action necessary to cure
The driver's goal to for
the local court to fax the completion proof
To the driver or
counsel
To the licensing
authority of the issuing jurisdiction (the foreign state DMV)
To the licensing
authority of the home state (here -
Colorado
DMV Driver Control)
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Proof of completion must
ultimately be received by
Colorado
DMV Driver Control to
reinstate
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The driver will be
required to pay a $60 reinstatement fee to
Colorado
DMV Driver Control
Note - the above process can
be time consuming, but clearance letters can be obtained and licenses
suspensions / holds can be cured.
Suspension, Revocation or
Denial
Upon expiration of the period of suspension, revocation or denial the Colorado
licensed driver should contact the licensing authority of the foreign - issuing
state. The foreign (issuing state) DMV will advise you of
action required to reinstate and obtain a clearance letter. The clearance
letter must then be presented to
Colorado
DMV Driver Control. If
the revocation or denial was alcohol related and SR-22 insurance would be
required to reinstate, as an out of state resident carrying an out of state
license, the driver may be able to avoid the SR-22 requirement with submission
of
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DMV
- Evidence of Insurance
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DMV
- Alcohol Certification for Reinstatement
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DMV
- Affidavit - Out of State Residency - FRA SR-22 Avoidance
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Payment of the
reinstatement fee
Contact the licensing
authority of the issuing -
Foreign
State to determine if this is possible.
For additional forms,
refer to my primary website
DMV
Forms and Accident Reports page.
For additional forms, please
refer to www link
Colorado
DMV Website Forms - PDF
files
Adobe
Acrobat Reader version 5 or later is required to view .pdf fil es
Free Download
NOTE: These are Colorado
forms - the foreign state will likely require its own forms
Refer to my primary
website
DMV
Offices - Foreign States page for links to DMV office
websites across the country You will likely find the relevant foreign jurisdiction DMV forms in their
websites. Most are .pdf files
NOTE
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.- refer to link for information. If any of the below
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.
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WARNING
RE FAILURE TO PROCURE CLEARANCE LETTER
I
have defended Colorado drivers who obtained a new or renewal license without
Colorado DMV knowledge of an out of state suspension, revocation or denial. In
those circumstances, when stopped for a traffic violation, the law enforcement
officer ran the nationwide hold database and charged the driver with driving
under suspension, revocation or denial, or the felony driving after revocation
prohibited as well as the charge of giving false information to the DMV.
Although it seemed simple at the time
the driver falsely obtained the license, it wasn't in his or her best interest.
I strongly advise drivers to immediately cease
driving until lawful, follow through with reinstatement from the relevant state
licensing authority, clear any holds and obtain the relevant clearance
letter(s) when
eligible.
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OUT
OF STATE RESIDENT - LICENSE STATUS IRRELEVANT |
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Colorado DMV will issue a valid Colorado
driver license only to a person who is a lawful Colorado resident. If
you are an out of state resident, you do not qualify for a Colorado driver
license. Counsel will not respond to hypothetical questions (what if).
Colorado legal resident |
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COLORADO RESIDENT - VALID OF STATE LICENSE |
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Colorado DMV will issue a valid Colorado driver license to a person who:
a. possesses an out of state
license which is valid and not under restraint in any state, and who
b. becomes a legal resident of
Colorado, and who
c. makes application to the
Colorado DMV for a Colorado driver license
Contact your
local Colorado DMV Office to
ascertain identity and testing requirements.
Colorado legal resident |
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COLORADO RESIDENT - OUT OF STATE LICENSE PROBLEM CAN BE CURED |
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Colorado resident who possesses an out of state driver license which is
under restraint:
a. obtain an order of
reinstatement or clearance letter from the originating state and
from any other state in which adverse action was taken
b. Colorado will issue a valid
license. 1 CCR 204-16(C)(2)
c. Simply put, clean up your
out of state restraint problems and Colorado DMV will grant you a Colorado
license.
Colorado legal resident |
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Information contained herein is for educational purposes only and shall
not be construed as legal advice. Although I have made
sincere efforts to provide correct information, law changes rapidly and
I do not warrant or guarantee the accuracy or current status of any
information contained in this website. Do not assume the information
provided herein pertains to your given facts or circumstances or rely
upon it. DO NOT move to Colorado in reliance upon information
contained herein hoping to procure a Colorado driver license.
Consult
Colorado DMV Driver Control
or competent legal counsel. This office would provide
representation in a Colorado driver license application and DOR hearing
matter or an appellate matter for a Colorado resident who has made
license application, however will not offer advice as a
pre-condition to a move to Colorado. If
you are currently residing out of state and thinking of moving to
Colorado to get a driver license, please do not call. I
will politely decline such inquiry. This is an economic policy
decision based upon potential liability factors and is not subject to
negotiation. |
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If the out of state license problem can not be cured, Colorado has
established a procedure to review Colorado license application. |
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1. The Colorado resident makes application for a Colorado driver
license. |
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2.
Colorado DMV
ascertains whether the applicant has ever held or is the holder of a license
to drive issued by another state.
Essentially this consists of a check of the
National Driver Register. |
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a. If the applicant has held such license but the same has been
suspended or revoked by the issuing state, DMV shall not issue a
Colorado driver's license to the applicant except as provided by
1 CCR 204-16.
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b. Whenever DMV receives a license application from a person under
restraint in a party state, DMV shall issue a written notice of denial
to such applicant. The notice shall identify the state(s) where the
applicant's privilege is under restraint. The notice shall contain
information concerning the applicant's right to a hearing in
accordance with CRS 24-4-104 and
information on obtaining a Letter of Clearance from the restraining
state. |
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c. Your application for a Colorado driver license will be denied
- you would not otherwise be reading this webpage. |
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3. The license applicant requests a hearing before
DOR Hearing & Appeals pursuant
to CRS 24-4-104. |
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4.
DOR Hearing &
Appeals conducts a hearing regarding granting or denial of a
Colorado license pursuant to CRS 24-4-105.
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5. The
Colorado DMV
acquires the applicant's driving record from the restraining party state and
analyzes that record, applying Colorado law. For purposes of this analysis,
all offenses appearing on the out-of-state record shall be viewed as if they
had occurred in Colorado. Analysis of the out-of-state record as described
shall constitute the investigation required in Article V, paragraph 2, of
the Driver License Compact. |
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6. At hearing, the
Colorado
DMV:
1 CCR 204-16(B)(2) |
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a. DMV shall present its analysis and calculate the
reinstatement eligibility date as determined by the application of
Colorado law to the record. |
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b. In making this calculation, DMV shall credit time
spent under the out-of-state restraint to the total time of restraint
required under Colorado law. |
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c. If the calculated reinstatement eligibility date has
passed, the applicant shall be eligible to apply for a Colorado
driver's license upon the completion of any required reinstatement
conditions. |
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d. If the calculated reinstatement eligibility date is
established to be a date in the future, that future date shall be the
date upon which the applicant becomes eligible to apply for the
Colorado license. |
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e. This date shall be extended for one year in the
event of any conviction of a traffic offense in the interim.
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7. At hearing, the license applicant:
1 CCR 204-16(B)(3) |
a. Must show that at least one year has
passed since the out-of-state license was suspended or revoked;
1 CCR 204-16(B)(3)(a) |
b. He or she has not driven since the imposition of
the suspension or revocation;
1 CCR 204-16(B)(3)(b) and |
c. The license applicant must be
a legitimate Colorado legal resident at the time of making
application.
1 CCR 204-16(B)(3)(c) |
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Residence may be established by such evidence as
proof of employment, voter registration, utility bills or other
documents which reflect that the applicant resides in Colorado.
1 CCR 204-16(B)(4) |
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Any evidence of a traffic
conviction for an offense occurring after the suspension or revocation
effective date shall rebut the above paragraph, and the applicant shall be
required to wait one year from the violation date before applying for a
Colorado license under these rules; or until one year after the date of
Colorado reinstatement eligibility, whichever is longer. And, in no
event shall a Colorado driver's license be issued to any applicant less than
one year after the imposition of a restraint by a party state. Simply
put:
a. you must have undergone at
least one year under restraint in your home state; and
b. you must have a clean
history for at least one year prior to making Colorado application; and
c. you must not be precluded by
Colorado law from being issued a driver license had the events occurred in
Colorado at a time that you were a Colorado resident. |
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IMPORTANT REGULATORY PROVISION
NO PROBATIONARY LICENSE |
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In no event shall any limited driving privilege,
such
as a probationary or temporary license, be issued to any applicant
subject to these rules.
1 CCR 204-16(B)(7) |
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Counsel has received numerous
inquiries from out of state residents who have heard they can
come to Colorado and procure a
probationary license
or "red license"
with limited driving privileges to drive back and forth to
work, on the job or some other necessary but limited driving
privilege. To this attorney's understanding, the above
provision in the Colorado Code of Regulations prohibits that.
You may consult other counsel, but please do not call
requesting a way around the regulation. This attorney is aware of
none. |
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These rules apply to persons who, at the
time of application for a Colorado driver's license, have not reinstated
their driving privilege in the restraining state. These rules apply
regardless of whether the applicant is eligible to reinstate in the
restraining state. 1 CCR 204-16(C)(1)
What this means is that if you could have reinstated in your home state but
didn't, and if Colorado law is less favorable, you will be denied even if
you could have reinstated and applied to Colorado DMV under normal
procedures. Lesson - reinstate in the home state if you can before
making application for a Colorado driver license. |
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In the event of loss at the DOR
hearing, appeal may be made pursuant to the Administrative Procedures
Act, CRS 24-4-106. |
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REGULATORY AND
STATUTORY LAW
PROBATIONARY LICENSE APPLICATION |
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1 CCR 204-16
Interstate Driver License Compact Regulation
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CRS
24-4-104
Colorado Administrative Procedures Act
licenses - issuance, suspension or revocation, renewal |
CRS
24-4-105
Colorado Administrative Procedures Act
hearings and determinations |
CRS 24-4-106
Colorado Administrative Procedures Act
judicial review |
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NO LEGAL ADVICE
REGARDING
FOREIGN JURISDICTION |
You must consult local counsel in the foreign jurisdiction to determine if a Colorado conviction or driving
privilege revocation
has been or will be reported to your home state under the Interstate Compact,
and if so, what the effect will be in your home state. I am not licensed outside
of Colorado and will offer no legal advice.
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LOSS OF COLORADO
DRIVING PRIVILEGES |
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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. |
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COLORADO DRIVER LICENSE DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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You must make your own determination whether you believe representation is
needed based upon your knowledge of pending DMV adverse action and applicable
law to resolve, the importance
you assign to your driving privileges and your
financial resources. Bluntly, but succinctly put: your consequences, your pocket
book, your judgment call. Unfortunately,
driving under restraint carries
mandatory jail in Colorado, and unlike the constipated buffalo, "this shall
not pass" until you cure the interstate compact adverse action and
reinstate your home state driving privileges.
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If you are haven't solved
your interstate compact problem by now and are reading this page, it's
probably time to loosen the pocket book and
hire a
defense attorney. You may retain my services or the services of another
attorney, but retaining legal
counsel is advisable.
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ATTORNEY'S
FEES AND COSTS
INTERSTATE COMPACT DRIVER LICENSE
DEFENSE
Colorado Traffic Defense and Criminal
Defense Trial Practice 30+ Years |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
*
major charge cards
accepted |
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INTERSTATE COMPACT DRIVER LICENSE
DEFENSE
out of state license problem can
be cured
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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interstate compact common
trust
deposit
request
trust deposit does not
contemplate appeal to district court
including attorney's fees &
litigation costs - excluding travel
additional cost deposit may be requested as
case preparation proceeds &
anticipated litigation
expenses solidify |
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* this shall not
constitute an offer, nor be construed as a binding estimate |
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trust deposit overage - refunded at case
conclusion ** undercapitalization - immediate trust
deposit required
Out of pocket
litigation cost
expenditures are the client's responsibility - trust deposit for attorney fees
& costs noted above. |
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Definitions or labels. State
of ticket or license hold is foreign jurisdiction.
State of license or
application is referred to as home jurisdiction. Please
refer to
hourly
fee
rate. Attorney can not predict license holds,
jurisdictions involved or DMV telephone hold time which can be
significant and is billable. Multiple cases or
jurisdictions would increase time expended. The
initial trust deposit request could change
rapidly depending upon court fines and costs and both home state and
foreign jurisdiction DMV fees which may be relevant - amounts necessary to cure
each state DMV hold, suspension, revocation, or denial. |
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For an out of state resident with a
Colorado DMV interstate compact hold, typically counsel must ascertain
the underlying court case, cure the failure to appear warrant, send to
the Colorado DMV the court OJW clearance, DMV application for
reinstatement & DMV reinstatement fee, then defend the
traffic case.
Refer to substantive
traffic cases
regarding fees and costs. Interstate compact Colorado cure would
add some hourly billing, but time should be not excessive.
Counsel is not licensed outside Colorado - client would need to seek
an attorney in the home jurisdiction to reinstate the driver license
once the Colorado hold is cured. |
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Note. Attorney
disburses proceeds necessary to cure the Colorado court problems, pays
the Colorado DMV reinstatement fee and obtains a Colorado DMV
clearance letter - counsel does not leave that to the client.
Put another way, counsel does not permit the client to foul things up
again. That's why you're
hiring a lawyer in the first instance. |
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Note. If the
Colorado problem is failure to comply other than non-payment, counsel
does not accept post sentencing cases where he did not defend the case
in chief. Counsel would decline representation in such case. |
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For a Colorado resident with an out of
state DMV interstate compact hold based upon a problem which can be
cured, most
interstate compact reinstatement cases do not require a
DMV hearing. However time is expended: |
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determining the identity,
location and specifics of the foreign jurisdiction case which
caused the interstate hold
ascertaining the requirements to cure the foreign jurisdiction court case
actually curing the problem ticket and court proceedings
procuring clearance documentation from the foreign jurisdiction
DMV
transmittal to the Colorado DMV as the home jurisdiction
Colorado DMV reinstatement application and reinstatement fee payment |
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Note. Attorney
disburses proceeds necessary to cure the foreign jurisdiction problems
and obtain a clearance letter as well as Colorado DMV reinstatement
fee - counsel does not leave that to the client. Put another
way, counsel does not permit the client to muck things up again.
Curing your mistakes is why a client hires an attorney. |
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For a Colorado resident with an
out of state license problem which can not be cured - DOR administrative hearing process,
refer to
trust deposit quote above. |
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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 due to the variable nature of interstate
compact matters, only
hourly
fees are offered - no flat fee
option. Litigation costs are not included in fees -
client's obligation, but are included in the above trust deposit estimates. 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. |
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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. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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litigation costs
fluctuate - not within attorney control
note:
costs change & below cost information may be obsolete
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| link to Colorado
Judicial Branch website - current costs
information published by state |
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DMV Transcriptionists |
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Potential Expenses |
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Price |
Client Background Search |
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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 |
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Varies |
Traffic Safety Class |
| 75.00 |
Public
Service supervision fee |
| 37.50 |
OJW fee to
court
(outstanding judgment warrant) - anticipating Integral Recoveries
collection agency costs |
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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 |
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$3 per page 250.00 |
Transcriptionist - law
enforcement 911 / dispatch audio files & investigator interview audio
recordings if relevant |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside El Paso County |
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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
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Toxicology - UA
qualitative or
quantitative toxicology screen for marijuana,
substance quantitative
toxicology screen for marijuana or qualitative and quantitative drug screen |
3,000
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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 |
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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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Thank you for considering my
services; I appreciate your inquiry.
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thank you for visiting my
webpage
your interest in my services is appreciated |
Adobe Acrobat Reader version 5 or later is required
to view .pdf files
Free Download |
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| please feel free
to call or email if you are a client or are seeking representation |
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email counsel |
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INITIAL CONSULTATION TERMS
not an offer for 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 |
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PRIMARY WEBSITE |
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| GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003 -
All Rights Reserved - Document Revised
January 30, 2012
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: February 8, 2004 - Republication Date:
May 25, 2006 |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919
80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902
80903 80904 |
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80905 80906 80907
80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934
80935 80936 |
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80937 80940 80941
80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977
80995 90997 |
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revocation, denial, reinstatement, driving, privileges, warrant, unpaid ticket,
clearance letter, home state, foreign jurisdiction, motor vehicles, court,
Colorado Department of Revenue, Colorado Division of Motor Vehicles, Colorado
DOR, Colorado DMV, Colorado MVD, Department of Revenue, Colorado Springs, El
Paso County, Colorado, court, license defense, traffic ticket defense, traffic
defense, defense lawyer, lawyer, attorney |
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