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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years private practice in Colorado state and municipal courts

ROBERT D. GUSTAFSON
  ATTORNEY AT LAW
6538 Charter Drive
Colorado Springs, CO 80918-1335

 

ATTORNEY PHONE - NOT DMV
Phone (719) 260-1002
Fax (719) 260-1003  *  Toll Free (800) 410-1002
Colorado Driver License Defense Lawyer
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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
representation inquiries are invited & welcome * public questions seeking free advice or information declined * consultation terms
 attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
 

 
WEBPAGE INDEX
COLORADO TRAFFIC INTERSTATE COMPACT

PRIVATE ATTORNEY - NOT DMV

attorney appreciates representation inquiries
but please don't call thinking this office is the Colorado DMV

PRIMARY SUBSECTION
DRIVER LICENSED OUT OF STATE
COLORADO TICKET

Major Offenses
Alcohol Related Offense or Revocation
Traffic Infractions & Offenses Not Major Offenses
   
*        *        *        *
Points or Other Adverse Action
   
Colorado Points
point system and points assessed for common tickets
   
*        *        *        *
Effect of Colorado Suspension, Revocation or Denial
Clearance Letter
   
*        *        *        *
Failure to Pay or Otherwise Resolve Colorado Traffic Infractions or Offenses
   
Clearance Letter
   

PRIMARY SUBSECTION
DRIVER LICENSED IN COLORADO
OUT OF STATE TICKET

Major Offenses
Alcohol Related Offense or Revocation
Traffic Infractions & Offenses Not Major Offenses
   
*        *        *        *
Points or Other Adverse Action
   
Colorado Points
point system and points assessed for common tickets
   
*        *        *        *
Effect of Out of State Suspension, Revocation or Denial and Clearance Letter
   
*        *        *        *
Failure to Pay or Otherwise Resolve Out of State Traffic Infractions or Offenses
   
Clearance Letter
Warning re Failure to Procure Clearance Letter

National Driver Register General Information   APPLICATION FOR COLORADO LICENSE
Out of State Resident
Colorado Resident - Valid Out of State License
Colo Resident - Out of State Can Be Cured
Colo Resident - Out of State Can Not be Cured
Regulations & Statutes
 
National Records - False Information
  No Legal Advice - Foreign Jurisdiction  
 
 
OUT OF STATE RESTRAINED DRIVERS SEEKING COLORADO LICENSE please do not call the attorney regarding eligibility for
probationary license if you are not a Colorado legal resident

 

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 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 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


GENERAL INFORMATION
Colorado DOR Interstate Compact Rules and Statutes

        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.


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.

  1. 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.

  2. 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.

  3. 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


COLORADO DRIVER LICENSE DEFENSE
INTERSTATE COMPACT
 
DRIVER LICENSED
OUT OF STATE
TICKET IN COLORADO

INTERSTATE COMPACT
CONVICTION REPORTING TO THE DRIVER'S HOME STATE
BY COLORADO AS THE FOREIGN JURISDICTION
simply put - you are licensed in another state and got a ticket in Colorado
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MAJOR OFFENSES

        The following offenses are reported from Colorado to the home state.

  1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

  2. 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;

  3. Any felony in the commission of which a motor vehicle is used;

  4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

  5. CRS 24-60-1101 Interstate Driver's License Compact Article IV

  6. 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.

  1. 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. 

  2. 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.

  3. This attorney can find no statutory authority for reporting DMV administrative revocation based upon excessive alcohol content.  

  4. 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.

  5. 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:

  1. 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

  2. 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.

  3. 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.

  4. 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.  

  5. You must take whatever steps are necessary to reinstate in Colorado when you become eligible for reinstatement.  

  6. CRS 24-60-1101 Interstate Compact Article V

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

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:

  1. 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.

  2. A $30 OJW fee (outstanding judgment warrant fee) will be assessed regardless of whether the ticket is for a traffic offense or traffic infraction.

  3. The local Colorado court will report the failure to the Colorado DMV.  

  4. The Colorado DMV may, but need not suspend the Colorado driving privileges of the out of state driver.  

  5. 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.

  6. 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.

  1. The licensing authority can access an available database which identifies drivers under adverse action in any state nationwide.  

  2. 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

  3. 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

  4. The driver must contact the local court of each issuing jurisdiction 

  5. 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

  6. Proof of completion must ultimately be received by the licensing authority in the home state to reinstate

  7. 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
  1. DMV - Evidence of Insurance

  2. DMV - Alcohol Certification for Reinstatement

  3. DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance

  4. Payment of the $60 reinstatement fee

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

DRIVER LICENSED OUT OF STATE - COLORADO TICKET

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 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.

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COLORADO DRIVER LICENSE DEFENSE
INTERSTATE COMPACT
 
 
DRIVER LICENSED
IN COLORADO
 
 
TICKET
OUT OF STATE

INTERSTATE COMPACT
ADVERSE ACTION BY COLORADO AS HOME STATE
BASED UPON REPORT FROM FOREIGN JURISDICTION
simply put - you are licensed in Colorado and got a ticket in another state
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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.

  1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

  2. 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;

  3. Any felony in the commission of which a motor vehicle is used;

  4. Failure to stop and render aid in the event of a motor vehicle accident resulting in the death or personal injury of another.

  5. CRS 24-60-1101 Interstate Driver's License Compact Article IV

  6. 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:

  1. 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.

  2. 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.

  3. 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.  

  4. You must take whatever steps are necessary to reinstate in the foreign state when you become eligible for reinstatement.  

  5. CRS 24-60-1101 Interstate Compact Article V

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

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:

  1. 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.

  2. A outstanding judgment warrant fee may be assessed regardless of whether the ticket is for a traffic offense or traffic infraction.

  3. The foreign court will report the failure to the foreign (issuing state) DMV.  

  4. The foreign (issuing state) DMV may, but need not suspend the driving privileges in that state.

  5. 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.

  6. 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.

  1. Colorado DMV Driver Control can access an available database which identifies drivers under adverse action in any state nationwide.  

  2. 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

  3. 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

  4. The driver must contact the local court of each issuing jurisdiction 

  5. 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)

  6. Proof of completion must ultimately be received by Colorado DMV Driver Control to reinstate

  7. 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

  1. DMV - Evidence of Insurance

  2. DMV - Alcohol Certification for Reinstatement

  3. DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance

  4. Payment of the reinstatement fee

  5. 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 files  Free Download

CSPD Accident Cold Report DMV - State of Colorado Accident Report     On-Line Accident Report
DMV - Evidence of Insurance DMV - Affidavit of Financial Responsibility
DMV - FRA - Release from Liability DMV - FRA - Waiver of Security - Financial Responsibility
DMV - Promissory Note Contract DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance
DMV - Alcohol Certification for Reinstatement

        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.

Hit and Run

DUI, DEAC or DWAI

Driving Under Restraint or DARP

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

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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COLORADO DRIVER LICENSE DEFENSE
INTERSTATE COMPACT
 
APPLICATION FOR
COLORADO LICENSE
 
BY OUT OF STATE LICENSEE

 please do not call the attorney
if you are not a Colorado legal resident

 
 
 
 
 
Colorado legal residence may be established by such evidence as:
1) proof of employment   2) voter registration   3) utility bills
4) other documents which reflect that the applicant resides in Colorado
1 CCR 204-16(B)4
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OUT OF STATE RESIDENT - LICENSE STATUS IRRELEVANT

 

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

 

COLORADO RESIDENT - VALID OF STATE LICENSE

 
        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

 

COLORADO RESIDENT - OUT OF STATE LICENSE PROBLEM CAN BE CURED

 

        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

 

COLORADO RESIDENT - OUT OF STATE LICENSE PROBLEM CAN NOT BE CURED
PROCEDURAL SYNOPSIS REGULATORY AND STATUTORY LINKS ATTORNEY FEES AND COSTS

 

DISCLAIMER

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.

 

        If the out of state license problem can not be cured, Colorado has established a procedure to review Colorado license application.

 

        1.  The Colorado resident makes application for a Colorado driver license.

        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.

        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.

        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.

        c.  Your application for a Colorado driver license will be denied - you would not otherwise be reading this webpage.

        3.  The license applicant requests a hearing before DOR Hearing & Appeals pursuant to CRS 24-4-104

        4.   DOR Hearing & Appeals conducts a hearing regarding granting or denial of a Colorado license pursuant to CRS 24-4-105

        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.

        6.  At hearing, the Colorado DMV:     1 CCR 204-16(B)(2)

        a. DMV shall present its analysis and calculate the reinstatement eligibility date as determined by the application of Colorado law to the record.

        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.

        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.

        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.

        e. This date shall be extended for one year in the event of any conviction of a traffic offense in the interim.

        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)

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

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)

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

1 CCR 204-16
Interstate Driver License Compact Regulation
 
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
 

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.


 
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?

        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.

 

        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.

Colorado DMV * Addresses * Phones * Links

Driving Records

Point Structure License Hearings DMV Appeal
Habitual Offender Probationary License Interlock Interstate Compact
Insurance Actions SR-22 Insurance DMV Forms Relevant Statutes
 

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ATTORNEY'S FEES AND COSTS
INTERSTATE COMPACT DRIVER LICENSE DEFENSE
Colorado Traffic Defense and Criminal Defense Trial Practice 30+ Years

 
 
 
 
 
map * travel policy - time & expenses * travel rates click jitney for travel tables
outside El Paso County
 

 

attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted

 

INTERSTATE COMPACT DRIVER LICENSE DEFENSE
out of state license problem can be cured
 
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 

$ HOURLY RATE  
$ VARIABLE  
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

$2,500*

 

 
 
* this shall not constitute an offer, nor be construed as a binding estimate

  
INTERSTATE COMPACT DRIVER LICENSE DEFENSE
out of state license problem can not be cured - DOR administrative hearing process
 
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT

 
 
 

$ HOURLY RATE  
$ VARIABLE  

 

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

$3,500*

 

 
 
* this shall not constitute an offer, nor be construed as a binding estimate
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.

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.

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. 

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.

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.

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:

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

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.

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.

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.

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

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
appellate e-Filing District Court mandatory requirements
eService personal service of process
litigation costs fluctuate - not within attorney control
note: costs change & below cost information may be obsolete
 
link to Colorado Judicial Branch website -  current costs information published by state
COLORADO STATE
COURT COSTS & FILING FEES
DMV Transcriptionists
generic costs litigation generic costs criminal
    Potential Expenses
Price   Client Background Search
Varies   DMV Out of State Driving Record
10.00   Accident Report - relevant only if traffic stop is also involved
20.00   Offense Report
25.00   DMV discovery packet - estimate (actual may be more or less)
10.00   DA Office discovery packet - estimate (actual may be more or less)
10.00   Court records search & copy costs (actual may be more or less)
10.00   Copy expense at courthouse for prior offense files (estimate - may vary)
_____   Foreign court copy expense
_____   Foreign court fines and costs to cure unpaid ticket
Varies   Traffic Safety Class
75.00   Public Service supervision fee
37.50   OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency costs
_____   DMV Foreign jurisdiction DMV reinstatement fee
95.00   DMV Colorado reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
500.00   Private Investigator - variable based upon number of witnesses to interview
200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable
200.00   Subpoena process service expense - depends on number of subpoenas issued
$3 per page  250.00   Transcriptionist - law enforcement 911 / dispatch audio files & investigator interview audio recordings if relevant
Varies   On-line legal research - dependent upon issues requiring legal research, if any
Rates   Travel time and expenses if the case is outside El Paso County
    Alcohol or Substance Testing & Testimony if Relevant
165.00   Toxicology - BAC Ethanol (alcohol) only
215.00   Toxicology - BAC Ethanol (alcohol) + NaFl (preservative)
consult counsel or lab
 
  Toxicology - UA qualitative or quantitative toxicology screen for marijuana,
       substance quantitative toxicology screen for marijuana or qualitative and quantitative drug screen
3,000
 
  Laboratory - Toxicologist testimony hourly fees and travel mileage  -  if expert testimony relevant
                          DMV & misdemeanor hourly rate $350 - 5 hours travel time + minimum 1.5 hours court time

CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  *limited search pricing*  Refer to collateral attack fees and costs

 
 
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FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS
FEES & COSTS SECURITY TRUST ACCT TRAVEL WITHDRAWAL - TERMINATION
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ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

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


 

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Topical Website Initial Publication Date: February 8, 2004 - Republication Date: May 25, 2006
 
 

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