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Robert D.
Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER
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6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL
ATTORNEY
COLORADO "RED
LICENSE" & INTERLOCK
COLORADO SPRINGS DRIVER LICENSE
DEFENSE
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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WELCOME
I appreciate your interest
perhaps I will become your attorney |
PRIVATE ATTORNEY
NOT
THE DMV
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I appreciate representation
inquiries
but
please don't call thinking this office is the Colorado DMV |
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Colorado Springs, Colorado, probationary driver's license, probationary,
driver license, ignition, interlock, ignition interlock device, red license,
driving, school, work, job, restricted license, suspension, revocation, denial,
DUI, DWAI, DEAC, alcohol, conviction, convictions, convicted, persistent drunk
driver, habitual offender, DMV, Colorado DMV, Colorado Department of Revenue,
Department of Revenue, Department of Revenue, El Paso County, Colorado
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PROBATIONARY DRIVING
PRIVILEGES -
"RED
LICENSE" |
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When a driver's license has been
suspended, the driver may be eligible for a probationary driver's license.
This is commonly known as a "red license" as the license itself was
printed on manila paper with a pink strip running down the middle. A
probationary license is valid only for the reasons granted by the terms of the
order. Common privileges may include:
Driving back and forth to work
Driving on the job
Driving back and forth to school
Driving to doctor's appointments |
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If eligible, to be granted the
probationary privilege you must establish
Need
Lack of other transportation
i.e.: no bus service is available - take
a bus schedule with you to the hearing
That you are a reasonable risk
Aggravating factor against
issuance of probationary license:
Points in excess of that
necessary to suspend you
Mitigating factor in favor of
granting probationary license
Attendance at a traffic safety
school after the date of offense
If granted, the DOR hearing officer
has place his reputation and job security on the line.
The DOR may also be liable in a civil
action if the decision was negligent or irresponsible. At minimum, the
public media would have a field day. |
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CRS 42-2-127(12)
If at the hearing held pursuant to subsection (8) of this section it
appears that the record of the driver sustains suspension as provided
in this section, the department shall immediately suspend such
driver's license, and such license shall then be surrendered to the
department. If at such hearing it appears that the record of the
driver does not sustain suspension, the department shall not suspend
such license and shall adjust the accumulated-point total accordingly.
In the event that the driver's license is suspended, the department
may issue a probationary license for a period not to exceed the period
of suspension, which license may contain such restrictions as the
department deems reasonable and necessary and which may thereafter be
subject to cancellation as a result of any violation of the
restrictions imposed therein. The department may also order any driver
whose license is suspended to take a complete driving reexamination.
After such hearing, the licensee may appeal the decision to the
district court as provided in CRS 42-2-135. |
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CRS 42-2-127(14)(b)
The department may refuse to issue a probationary license if the department
finds that the driving record of the individual is such that the individual
has sufficient points, in addition to those resulting from the conviction
referred to in this subsection (14), to require the suspension or revocation
of a license to drive on the highways of this state, or if the department
finds from the record after a hearing conducted in accordance with
subsection (12) of this section that aggravating circumstances exist to
indicate the individual is unsafe for driving for any purpose. In refusing
to issue a probationary license, the department shall make specific findings
of fact to support such refusal. |
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CRS 42-2-116(1) The department,
upon issuing a driver's or minor driver's license or an instruction
permit, has authority, whenever good cause appears, to impose
restrictions, limitations, or conditions which are suitable to the
licensee's driving ability with respect to the type of special
mechanical control device required on a motor vehicle which the
licensee may operate or which limit the right of the licensee to drive
a motor vehicle except when such licensee is required to drive to and
from the licensee's place of employment or to perform duties within
the course of employment or to impose such other restrictions
applicable to the licensee as the department may determine to be
appropriate to assure the safe operation of a motor vehicle by the
licensee. |
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PROBATIONARY LICENSE AND INTERLOCK
WARNING |
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A driver should
carefully consider his or her actions and driving during any period of
restricted license.
If probationary license is granted,
the driver must honor the limitations.
If you
driving occurs outside the
privileges granted (either in time or location scope), the driver may be
charged with
driving under restraint
Any traffic infraction or offense conviction will cause
immediate revocation of the probationary license.
A driver may only be issued a probationary license once
every five years. |
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If the driver
receives a moving violation conviction, or an at fault accident or otherwise violates the terms
of restriction while on restricted license, upon DOR hearing, the probationary license will be
cancelled or suspended. CRS 42-2-116(3),
DOR PDL
Regulations - Site 1 CCR,
DOR PDL
Regulations - Site 2 DOR. The driver would then be left
with a total loss of license for the entire period of the extended
suspension - no "do over's" - not ability to request return
to original period of revocation. |
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Driving outside the scope or spatial
geographic limitations violations would result in a charge of
violation of a probationary license, a
Class A Traffic Infraction. CRS 4-2-116(6)(a) |
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If a probationary license has been
issued upon interlock restriction, driving a motor vehicle which is
not equipped with ignition interlock or attempt to circumvent the
interlock would result in a different charge of violation of a
probationary license, a
Class 1 Misdemeanor Traffic Offense. CRS 4-2-116(6)(b) |
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Whenever a peace officer
issues a citation pursuant to CRS 4-2-116(6)(b), the peace
officer shall immediately confiscate the license, shall file an
incident report on a form provided by the department, and shall
not permit the driver to continue to operate the motor vehicle.
CRS 4-2-116(7) |
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Under most circumstances, driving
outside the scope or spatial geographic limitations violations, and if
relevant, driving a motor vehicle which is not equipped with ignition
interlock or attempt to circumvent the interlock would result in a
would result in a criminal misdemeanor charge of
driving under restraint
criminal charges - mandatory jail. CRS 42-2-138 |
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Driving outside the scope or spatial
geographic limitations violations and if relevant, driving a motor
vehicle which is not equipped with ignition interlock or attempt to
circumvent the interlock would result in imposition of 1 additional
year suspension. |
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The department, upon receiving
a record of conviction or accident report of any person for an
offense committed while operating a motor vehicle, shall
immediately examine its files to determine if the license or
operating privilege of such person has been restrained. If it
appears that said offense was committed while the license or
operating privilege of such person was restrained, except as
permitted by CRS 42-2-132.5, the department shall not issue a
new license or grant any driving privileges for an additional
period of one year after the date such person would otherwise
have been entitled to apply for a new license or for
reinstatement of a suspended license and shall notify the
district attorney in the county where such violation occurred
and request prosecution of such person under subsection (1) of
this section.. CRS 4-2-138(3) |
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If the driver fails to complete
alcohol education or treatment (alcohol therapy), the probationary
license will be cancelled. |
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CRS 42-2-127(14)(a)(II)
A probationary license issued pursuant to this subsection (14)
shall contain any other restrictions as the department deems
reasonable and necessary, shall be subject to cancellation for
violation of any such restrictions, including but not limited to
absences from alcohol and drug education or treatment sessions
or failure to complete alcohol and drug education or treatment
programs, and shall be issued for the entire period of
suspension. |
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CRS 42-2-122(1) The department has
the authority to cancel, deny, or deny the re-issuance of any
driver's or minor driver's license upon determining that the
licensee was not entitled to the issuance thereof for any of the
following reasons:...
(i) Failure of the person to complete a level II
alcohol and drug education and treatment program certified by
the division of alcohol and drug abuse pursuant to CRS 42-4-1301.3, as required by
CRS 42-2-126 (7) or
42-2-132(2)(a) (II). Such failure shall be documented pursuant
to CRS 42-2-144. |
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CRS 42-2-144. Reporting by certified level II
alcohol and drug education and treatment providers — notice of
administrative remedies against a driver's license — rules.
(1) The department shall require all providers of
level II alcohol and drug education and treatment programs
certified by the division of alcohol and drug abuse pursuant to
CRS 42-4-1301.3 to provide quarterly reports to the department
about each person who is enrolled and who has filed proof of
such enrollment with the department as required by CRS
42-2-126(7) (c) (III).
(2) A person determined not to be in compliance
with level II alcohol and drug education and treatment pursuant
to subsection (1) of this section shall be sent a letter from
the department notifying the person of such noncompliance, any
administrative remedies that may be taken against the person's
privilege to drive, and the time period the person has to comply
with the requirements for level II alcohol and drug education
and treatment before administrative remedies will be exercised
against the person's driving privilege.
(3) The department may promulgate rules necessary
for the implementation of this section. |
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cancellation -
SR-22 Insurance. |
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CRS 42-7-406(1) Whenever the director
... cancels any license under section 42-2-122 because of ....
or cancels any probationary license under section CRS 42-2-127,
the director shall not issue to or continue in effect for any
such person any new or renewal of license until permitted under
the motor vehicle laws of this state, and not then until and
unless such person files or has filed and maintains proof of
financial responsibility as provided in this article.... |
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CRS 42-7-408(1)(b) Proof of
financial responsibility for the future in the amounts provided
in CRS 42-7-103(14) shall be maintained for three years
from the date last required and shall be furnished for each
motor vehicle registered during that period; except that, if
during such three-year period the insured has not been licensed
to drive pursuant to this title, the insured shall be credited
with the non-licensed time toward the three-year period. |
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CRS 42-7-408(6)(a) Upon receipt of
evidence from an agency of another state or foreign jurisdiction
that a former Colorado resident has obtained a license in such
state or foreign jurisdiction, the director shall suspend the
requirement for proof of financial responsibility for the future
until such time as the former resident has made application for
a new Colorado license.
(b) If such former resident makes application for
a Colorado driver's license, the director shall reinstate the
requirement for proof of financial responsibility for the future
until such time as the original requirement to maintain proof of
financial responsibility for the future has expired.
Paraphrased: "Welcome home. Now get the SR-22
insurance or go to jail for
driving under restraint." |
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Probationary license may be granted only once in a five (5) year
period. Denial by the Dept. of Revenue of plaintiff's
application for a second
probationary
license was proper because issuance of a second
probationary
license within a
five-year
period is prohibited regardless of whether alcohol-related offenses
were involved. Howard v. Colorado Department of Revenue, 680
P.2d 1336 (Colo.App. 1984) |
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Where a client is revoked for
excessive alcohol first revocation, BAC
.0169 or below, attorney advises his clients not to convert the 3 month
revocation to a one month revocation followed by an additional 5 months
suspension with probationary license. |
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FOREIGN LICENSE UNDER
RESTRAINT BY OTHER STATE |
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PROBATIONARY
DRIVING PRIVILEGES
IGNITION INTERLOCK DEVICE |
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regulation governing ignition interlock devices
5 CCR 1005-3
DOR Interlock Regulation via Secretary of
State website
1
CCR 204-17 |
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Interlock can not be required until after sentencing, transcript submission
from the Court to the DMV, and the DMV taking adverse action against driving
privileges. Suspension, revocation, or denial for various reasons may
trigger an interlock requirement. If so, an interlock device must be
installed into a vehicle ignition system which will shut down the vehicle if
the driver fails to blow when requested or produce an alcohol reading.
Per
Colorado
Department of Health Regulations, approved interlock devices have a
setpoint value of 0.025 grams of alcohol per 210 liters of breath. In the
DMV
Hearings page of my primary website, interlock requirements have been set forth
regarding requirements for probationary licenses and reinstatement for
various types of license loss. Please also refer to the below links. |
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VOLUNTARY INTERLOCK RESTRICTED LICENSE
EARLY LIMITED DRIVING PRIVILEGES |
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Pursuant to
CRS 42-2-132.5, the
DMV now has authority to consider early probationary driving privileges if a
driver's license has been suspended, revoked or denied for excessive alcohol
CRS 42-2-126,
loss more than one year
as a result of an alcohol related traffic offense conviction CRS
42-4-1301, multiple alcohol related traffic offense convictions CRS
42-2-125, refusing a
chemical test or excessive alcohol content CRS
42-2-126, extension of
suspension, revocation or denial CRS
42-2-138, or habitual offender CRS
42-2-201 et. seq. which is in part related to an alcohol offense. |
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Where a client is revoked for
excessive alcohol
first offense, BAC .0169 or below, attorney advises his clients
not to convert the 3 month revocation to a one month revocation followed by an
additional 5 months suspension. Attorney further advises his clients that
where BAC .017 or greater, multiple offense convictions or multiple alcohol
related revocations bring
persistent drunk driver (PDD)
into play, the driver will be required to maintain a interlock for two (2) years
following reinstatement under a restricted probationary license, so early
reinstatement is not really increasing the driver's risk of early reinstatement
probationary license suspension or cancellation. Put another way, if
PDD is applicable, early
reinstatement risk is the least of your worries - request interlock early
reinstatement when eligible. |
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CRS 42-2-132.5(1.5)
early reinstatement
interlock restricted
probationary license provisions: |
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(a) A person whose privilege to drive has been revoked
for more than one year because of a violation of any provision of CRS
42-4-1301(1) (a), (1)(b), or (2) or has been revoked for more than one
year under any provision of CRS 42-2-126 may voluntarily apply for an
early reinstatement with a restricted license under the provisions of
this section after the person's privilege to drive has been revoked
for one year. The restrictions imposed pursuant to this section shall
remain in effect for the longer of one year or the total
time period remaining on the license restraint prior to early
reinstatement. |
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(b) (I) To be eligible for early reinstatement with a
restricted license pursuant to this subsection (1.5), a person must
have satisfied all conditions for reinstatement imposed by law
including time periods for non-alcohol-related restraints; except that
a person whose license was restrained pursuant to CRS 42-2-138 may be
eligible for early reinstatement under this section so long as the
restraint was caused in part by driving activity occurring after an
alcohol-related offense and the length of any license restriction
under this section includes the period of restraint under CRS
42-2-138. |
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(II) Before being eligible for early reinstatement with
a restricted license under this section, a person must provide proof
of financial responsibility to the department pursuant to the
requirements of the "Motor Vehicle Financial Responsibility Act",
article 7 of this title. Such person must maintain such proof of
financial responsibility with the department for the longer of
three years or the period that the person's license is restricted
under this section. |
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(c) No person who has been designated an habitual
offender under the provisions of CRS 42-2-202 for any offense other
than a violation of CRS 42-4-1301, 42-2-138, or 42-4-1401 shall be
eligible for a restricted license pursuant to this subsection (1.5). |
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viable
alternative to control yourself or spouse
if alcoholism or uncontrollable
behavior exists |
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Non-involvement with DMV - totally voluntary usage. In 2002 one of my
multiple offender DUI clients:
a. at DUI case end had no
adverse actions or restrictions upon his / her driving privileges or
driver's license
b. was alcoholic and concerned
he / she would be unable to control drinking and thereafter driving
c. desired the ability to drive
when sober and as a solution:
d. installed an interlock
device on his / her vehicle under private contract without DMV involvement
e. An expensive solution - but
much cheaper than DUI legal counsel defense and all the possible criminal
case sanctions, loss of employment to attend court or loss of job if jail is
imposed, accident, injury or death |
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MANDATORY INTERLOCK RESTRICTED LICENSE
INVOLUNTARY |
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Every DMV adverse action
(suspension, revocation or denial) expires on a set date. On a designated date
the driver is eligible for reinstatement. Before reinstatement of a regular
driver's license, a driver is required to hold a restricted license with
interlock for a minimum of one year pursuant to
CRS 42-2-132.5(1) if a
driver's license was suspended, revoked or denied for:
a. DUI or DWAI conviction
with a prior DUI or DWAI conviction within 5 years. CRS
42-2-125
(refer to
persistent drunk driver below)
b. three alcohol traffic
convictions within your lifetime CRS
42-2-125
(refer to
persistent drunk driver below)
c.
Revocation for excessive alcohol content pursuant to CRS
42-2-126 when the person's blood alcohol level, as shown by analysis of the
person's blood or breath, was 0.17 or more grams of alcohol per one hundred
milliliters of blood or 0.17 or more grams of alcohol per two hundred ten
liters of breath at the time of driving or within two hours after driving
CRS 42-2-132.5(1)(b.5) (refer to
persistent drunk driver below)
d. habitual offender CRS
42-2-201 et. seq. where the revocation was due in
part because of a violation of the DUI / DWAI / DEAC statute CRS 42-4-1301
and one of the offenses gives rise to the revocation occurring on or after
July 1, 2000 |
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PERSISTENT DRUNK DRIVER (PDD)
TWO YEAR RESTRICTED
LICENSE |
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| A person required to hold a restricted
license pursuant to this section who is a persistent drunk driver as defined
in CRS 42-1-102(68.5), based on an offense that occurred on or after July 1,
2004, shall be required to hold the restricted license for at least two
years prior to being eligible to obtain any other driver's license issued
under this article.
CRS 42-2-132.5(1.7) |
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"Persistent drunk driver" means any
person who has been convicted of or had his or her driver's license
revoked for two or more alcohol-related driving violations; who
continues to drive after a driver's license or driving privilege
restraint has been imposed for one or more alcohol-related driving
offenses; or who drives a motor vehicle while the amount of alcohol in
such person's blood, as shown by analysis of the person's blood or
breath, was 0.17 or more grams of alcohol per one hundred milliliters
of blood or 0.17 or more grams of alcohol per two hundred ten liters
of breath at the time of driving or within two hours after driving.
Nothing in this subsection (68.5) shall be interpreted to affect the
penalties imposed under this title for multiple alcohol- or
drug-related driving offenses, including, but not limited to,
penalties imposed for violations under CRS 4-2-125(1)(g) and (1)(i)
and CRS 42-2-202(2).
CRS 42-1-102(68.5) |
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On 1/31/08 publishing attorney was
advised by a
Denver DOR hearing officer that
as the primary regulatory agency, under DOR policy making power, the
DOR has determined that "Baby
DEAC Revocation" and "Baby
DUI Conviction" and are not considered by the DOR as
qualifying for persistent drunk driver when multiple violations occur.
Colorado DMV ruling favorably for a driver? - go figure. (but
thanks) |
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CRS 42-2-127(14(1)(B) Paraphrased |
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Mandatory Interlock - No Credit for Time Served
During Voluntary
Interlock Probationary License |
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CRS 42-2-127(14(1)(B)
Verbatim |
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If the individual is a persistent
drunk driver, as defined in section 42-1-102 (68.5), any probationary
license shall require the use of an approved ignition interlock
device, as defined in section 42-2-132.5(7) (a), and the time that the
individual holds a probationary license under this section shall not
be credited against the time that the individual may be required to
hold a restricted license pursuant to section
CRS 42-2-132.5. |
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| INTERLOCK
STATUTE SUMMARY |
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CRS
42-2-132.5(1) simply adds
one year of interlock restricted license to any other period of license loss
(exception - refer to
persistent drunk driver above - 2 years).
License status may always be ascertained by calling
Colorado Driver Services, Driver Control
Section. Statutory highlights are summarized below.
a. No driver is eligible
for an early voluntary interlock restricted license until the expiration
of one year of suspension, revocation or denial.
b. The driver is required
to enroll in and complete alcohol education or therapy as may be required
by court order or Colorado statutes.
c. The driver is required
to maintain SR-22 proof of insurance (high risk insurance) for minimum 3
years when an interlock restricted license issued.
d.
1. The driver must
obtain at his / her your own expense a signed lease agreement for
installation and use of an interlock device for the duration of the
suspension, revocation or denial.
2. The driver must also
have written consent of any owner or co-owner of the vehicle.
3. The driver submits
to the DMV an affidavit that a signed lease agreement for interlock
has been procured. The signed lease agreement must be attached to the
affidavit.
e. No hearing is necessary.
The DMV is required to issue restricted license if no other reason
prohibits issuance, such as hold for non-payment of court fines, FRA
suspension (accident without insurance), hold placed by another state,
etc.
f. An interlock device must
be installed on all vehicles in which the driver holds an ownership
interest as evidenced by title. If your name appears on title to more than
one vehicle, you may wish to transfer title on all except one.
g. If you do not have any
motor vehicle titled in your name, you may nevertheless obtain a
restricted license upon submission of an affidavit that you hold no title
ownership interest. Thereafter you may not drive any vehicle except one in
which an interlock device has been installed.
h. No CDL (commercial
driver's license) may be issued with interlock. If you had a CDL, you must
wait for reinstatement until all interlock requirements have expired.
i. The interlock device
must be inspected by the leasing agency at minimum 60 day intervals.
i. The leasing agency must
send monthly monitoring reports to the DMV.
k The driver must agree
that you will not drive any other vehicle other than which in the
interlock device is installed, and than no one, other than an owner or
co-owner will be permitted to drive the vehicle in the interlock device is
installed.
l. You may drive only
during those periods of time and for the purposes or under the terms
proscribed by the DMV.
m. If a driver violates the
terms of the restricted license, drives a vehicle not equipped with
interlock, or tampers with or disconnects the interlock device, driving
privileges will be revoked for not less than one year.
n. If a lease is terminated
for any reason other than above (usually non-payment), the restricted
license is suspended.
o. If the device shuts the
vehicle down and reports alcohol in 3 of any 12 consecutive reporting
months, the license restriction will be extended by an additional 12
months after expiration of the current existing restriction. |
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Interlock application is not
included in the fee quoted in our retainer agreements. I will not submit the
interlock application; this is the client's responsibility. |
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| In the section
interlock installation &
monitoring below I have provided particulars of interlock
installation and the links to applicable statutes. For more information, you
may contact
Colorado Driver
Services - Driver Control
Section. The relevant statutes
are
CRS 42-2-132.5,
CRS 42-2-132,
CRS 42-2-126.3, and
CRS 42-2-116. |
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INTERLOCK INSTALLATION AND MONITORING |
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Refer to below links for
identification, location & phone of agencies needed to install and monitor
an interlock device
DMV offices - restricted
license with interlock device
DMV
Driver Control - Denver or
Colorado
Springs Regional Service Center |
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If relevant, you will be required pay
for and install the interlock breath testing device in your vehicle and have
it monitored. A breath alcohol ignition interlock device is a breath alcohol
analyzer with micro-computer logic and internal memory that interconnects with
the ignition and other control systems of a motor vehicle. The purpose of the
ignition interlock is to measure the blood alcohol concentration (BAC) of an
intended driver and to prevent the motor vehicle from being started or to
continue in normal operation if the BAC exceeds a preset limit. The
installation - monitoring agencies are identified above.
It does not matter which provider
you use to install and monitor. I understand Guardian comes to Colorado Springs
once per week however National does not come locally at all. To expedite, you
may wish to make arrangements to have the device installed in one of the Denver
locations.
You will need to contact one of
the providers for more specific information regarding locations, service areas,
pricing and provider imposed requirements. Installation of the device takes some
time and requires a prior appointment.
At the time of installation, you
must take along copies of the following documents.
1. Vehicle registration for
the interlock vehicle
2. Evidence of Insurance and
SR-22 for the interlock vehicle
3. Co-owner consent form, if
you are not the sole owner of the interlock vehicle
Co-owners who will be driving the
interlock vehicle should attend the installation in order to be properly trained
on the use of the device.
Vehicle electrical systems should
be in good working order before the installation. Otherwise, the installation
may not be possible until repairs are made.
When you have the lease agreement
and evidence the interlock device has been installed, you must physically appear
at the DMV home office in Denver or the regional service center in Colorado
Springs to be issued the actual restricted license with interlock device.
Addresses are provided above.
You will be required to return to
the provider for service every 30 days minimum - 60 days maximum during the term
of the restricted license with interlock device.
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SELECTED STATUTES
& REGULATIONS
Webpage Published by Robert D. Gustafson, Attorney at Law |
SUSPENSION * REVOCATION * DENIAL
PROBATIONARY LICENSE * INTERLOCK *
LIMITED TRAFFIC CHARGES
refer to links for
verbatim statutes for convenience only - statutes may have
been amended since published herein
statutes downloaded on or near February 4, 2008 -
do not rely upon applicability to current date |
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site visitors may
research
CURRENT LAW |
Additional DMV
REGULATIONS
available to public |
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2008 Amendments - House Bill
08-1166
Effective July 1, 2008
Several relevant statutes referenced below have
been amended by
HB 08-1166.
It will be a period of time before the language is incorporated into each
relevant published statute, but the bill passed and is Colorado law. |
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DMV &
LICENSE STATUTES |
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CRS 42-2-107
CRS 42-2-111
CRS 42-2-116
CRS 42-2-122
CRS 42-2-125
CRS 42-2-126
CRS 42-2-126.3
CRS 42-2-127
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Application for
driver license - OJW
Driver license classifications & testing
Restricted license
License cancellation
Mandatory revocation of license and permit
License revocation administrative determination
Tampering with an
ignition interlock device
Authority to
suspend or deny license
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CRS 42-2-132
CRS 42-2-132.5
CRS 42-2-135
CRS 42-2-144
CRS 42-7-406
CRS 42-7-408
CRS 24-4-105
CRS 24-4-106 |
Period of suspension or
revocation
Mandatory & voluntary restricted licenses - alcohol
Right to Appeal - License or ID
Alcohol Education Reporting
Proof of financial responsibility required - conditions
Proof of financial responsibility
proof method - duration -
exception
Administrative Procedures Act - Hearings
Admin Procedures Act - Judicial Review - Appeal |
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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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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a lawyer links
provided as a courtesy |
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Attorney
Policies
Defendant
Pro Se - Attempt to Defend Own Case
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1.
Adequate Time. If sufficient time exists to adequately prepare your
driver's license defense and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept license defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to prepare an adequate defense before a DOR
license suspension or revocation hearing, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in defense of your own license
hearing. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
DOR hearings are set quickly. Please be aware, after
other counsel's withdrawal it may be
difficult for a new attorney to prepare your defense in time for
hearing. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
defense, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to prepare an adequate defense before a driver
license hearing, please do not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's defense tactics or theory of
defense. Please do not call for a second
opinion or an opinion regarding the competence
of your current defense. I decline. |
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ATTORNEY
TRADE AREA & TRAVEL
OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS |
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Colorado is a big state. |
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Ease of internet access, email and toll free
phone doesn't change that fact. Due to the limited nature of DMV hearing
defense, it is not economically justifiable for a client to pay DMV
hearing travel time or
expenses outside
El Paso
County. |
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DMV hearing defense -
limited trade area |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are
from out of state or are unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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DMV APPEALS
Southern Colorado Area |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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COUNTIES |
CITIES / TOWNS |
DMV APPEALS
Metro Denver Area |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
COLORADO
COURT OF APPEALS |
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Crowley County |
Ordway |
COUNTIES |
CITIES / TOWNS |
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Custer County |
Westcliffe |
City and County of Denver |
Denver |
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Douglas
County |
Castle Rock |
Adams County |
Brighton Thornton Federal Heights |
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Elbert County |
Kiowa / Simla |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Fremont County |
Canon City / Florence / Penrose |
Arapahoe County - East |
Aurora |
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Huerfano County |
Walsenburg |
Broomfield County |
Broomfield |
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Las Animas County |
Trinidad |
Gilpin County |
Blackhawk / Central City |
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Lincoln County |
Hugo (county seat) / Limon |
Jefferson County |
Golden / Wheat Ridge |
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Otero County |
La Junta |
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Park County |
Fairplay |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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Adobe Acrobat Reader version 5 or
later is required to view .pdf files 
Free Download
| please feel free
to call or email if you are a client or are seeking representation |
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FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
May 06, 2009
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: February 8, 2004
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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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