SR-22 Insurance

 

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

Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL 
  ATTORNEY

COLORADO DMV SR-22 INSURANCE
COLORADO SPRINGS DRIVER LICENSE DEFENSE

 
Attorney Business Hours
Attorney Availability Status
FREE INITIAL CONSULTATION

Fax (719) 260-1003

WELCOME
I appreciate your interest
perhaps I will become your attorney

PRIVATE ATTORNEY
NOT
THE DMV

I appreciate representation inquiries
but please don't call thinking this office is the Colorado DMV

COLORADO SR-22 INSURANCE INFORMATION
COLORADO SPRINGS DRIVER'S LICENSE DEFENSE 
Trial practice 25+ years Colorado state and municipal courts & Colorado DMV license hearings
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
GENERAL INFORMATION HOW DID I GET HERE? DRIVING UNDER RESTRAINT TRAFFIC COURT DEFENSE
CAN I DROP SR-22 INSURANCE?
STATUTORY PROVISIONS

LEGAL RESEARCH

ACCOUNTING
RETAINING COUNSEL ALTERNATIVES
NOTICE DISCLAIMER ADVICE BY LAYMEN

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

 

TRAFFIC DEFENSE

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

Colorado SR-22 Insurance - FRA proof of financial responsibility - Colorado DMV. Criteria for SR22 insurance requirement, period required & insurance term driver's license revocation if a driver lets the SR 22 lapse. Colorado driving privileges - suspension, revocation or denial and defense against driver's license actions by Colorado Department of Revenue, Colorado DOR, Colorado Division of Motor Vehicles, Colorado DMV, Colorado MVD.


GENERAL INFORMATION

        Don't let the phrase SR-22 throw you for a loop.  SR-22 is merely the number of a form which insurance companies use when verifying insurance coverage to the Colorado Department of Revenue, Division of Motor Vehicles.  
            The insurance company advises the DMV it will not cancel the insurance for a certain period of time (usually 3 years) unless the insured fails to pay the premium.  
            The insurance company assures the DMV it will give notice to the DMV of cancellation in the event of premium non-payment.

        This type of insurance is frequently expensive because it is usually required only for those individuals who have had problems with their driving history.  Hence, such drivers are a higher risk of loss to insurance companies.  Due to the cost, a driver should check with multiple insurance companies or agencies.  This attorney recommends a driver obtain at minimum three (3) quotes.  A driver might contact:
            An agent for Farmer's Insurance Group
            An agent for American Family Insurance
            An independent insurance agent who is authorized for underwrite for several insurance companies such as Progressive Insurance, Dairyland Insurance or the like.
            To this attorney's knowledge, State Farm Insurance does not underwrite SR-22 except in very unusual circumstances.

        Under most circumstances, SR-22 insurance coverage period will be 3 years. Under some circumstances it may be less - some statutory provisions are included below. Previous clients have advised me the cost for SR-22 varies between $1,200 - $4,800 per year. If a driver fails to provide proof or to maintain the SR-22 high risk insurance, the license or driving privileges will be suspended in a proceeding called an insurance term revocation.  Refer to my primary website Driving Under Restraint page for information regarding penalties.

        Expensive, but not a difficult concept.  Doesn't it seem that by enacting the mandatory statutes which carry driver's license suspension, vehicle license plate seizure and criminal penalties - including jail, our state legislators (in their infinite wisdom) guaranteed profits for insurance companies?


HOW DID I GET HERE?

Any number of traffic violations can cause SR-22 insurance.  To mention a few, but not exclusive:

  1. Having your driving privileges revoked for excessive alcohol content or refusing a chemical test

  2. Being convicted of two alcohol related traffic offenses within 5 years

  3. Being convicted of three alcohol related traffic offenses during your lifetime

  4. Being revoked or denied as an habitual offender

  5. Being convicted of hit and run involving personal injuries

  6. Being convicted of a felony in the commission of which a motor vehicle was used

  7. Being the owner of a vehicle - twice allowing another person to drive your vehicle, and as a result of which the third person's driving privileges were revoked on 2 separate occasions for excessive alcohol concentration or refusing a chemical test
            Here the sanction is not against a driver - merely an owner who allowed another to drive his / her motor vehicle

  8. Giving false information to the DMV relating to ownership or operation of a vehicle

  9. Being convicted of reckless driving 3 times committed within 2 years

  10. Being involved in a traffic accident and failing to provide evidence to the DMV FRA Section that your vehicle was insured on the date of the accident

  11. Adult plea of guilt or nolo contendere, guilty verdict or deferred sentence related to a felony drug offense - the offense need not involve traffic or be traffic related

  12. Underage 2nd or subsequent conviction or license revocation for "baby DUI"    BAC 0.05 - 0.10

  13. Owner - operator compulsory insurance conviction
            Note: although a driver can be charged with compulsory insurance while driving a vehicle owned by another person, such a conviction as the "non-owner operator" does not trigger the 3 year SR-22 requirement

  14. Being stopped by law enforcement and inability to provide evidence of insurance at the time of the stop - and the officer knows traffic law sufficiently that he /she initiates an insurance revocation

  15. Driving without SR-22 insurance when SR-22 insurance was required

  16. Each above DMV proceeding is independent of the other and can be entered simultaneously.

CRS 42-2-125, CRS 42-2-126, CRS 42-7-406



FIND A LAWYER ANYWHERE


Colorado DOR - DMV Overview
Page Overview

Page Top

 


CAN I DROP SR-22 INSURANCE & STILL DRIVE?

        If the SR-22 financial responsibility requirement has been imposed upon a driver, he / she must comply.  If the driver fails to carry the insurance coverage or pay the premiums, the insurance company will notify the DMV which will impose an insurance term revocation upon the driver.  Continue driving? - hello jailhouse.
        Refer to my primary website Driving Under Restraint page for information regarding penalties.
            Mandatory minimum jail 5 days
                "the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
            Maximum jail 6 months
            Minimum fine $50
            Maximum fine $500
CRS 42-7-422


STATUTORY PROVISIONS
SR-22 PROOF OF FINANCIAL RESPONSIBILITY

CRS 42-7-408. Proof of financial responsibility - methods of giving proof - duration - exception
        (1)(a) Proof of financial responsibility for the future, when required under this article, may be given by the following alternate methods: 
                    (I) Proof that a policy of liability insurance has been obtained and is in full force and effect or that a bond has been duly executed or that deposit has been made of money; or 
                    (II) Securities as provided in section 42-7-418. 
            (b) Proof of financial responsibility for the future in the amounts provided in section 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.
            (c) Notwithstanding the three-year requirement in paragraph (b) of this subsection (1):
                    (I) If an insured has been found guilty of a driving offense pursuant to section 42-4-1301 (1) or (2) (a) or if the insured's license has been revoked pursuant to section 42-2-126, other than a revocation under section 42-2-126 (2) (a) (I.5) or (2) (a) (IV), only one time and no accident was involved in such offense, proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint, up to a maximum of three years. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
                    (II) If an insured has been found guilty of a second or subsequent offense of driving with an alcohol content of at least 0.02 but not more than 0.05 while under twenty-one years of age under section 42-4-1301 (2) (a.5) or if the insured's driver's license has been revoked because of a second or subsequent offense pursuant to section 42-2-126 (2) (a) (I.5) or (2) (a) (IV), proof of financial responsibility for the future shall be required to be maintained only for as long as the insured's driving privilege is ordered to be under restraint. The time period for maintaining the future proof of liability insurance shall begin at the time the driver reinstates his or her driving privilege.
        (2) The term of the policy of liability insurance or the bond submitted as proof of financial responsibility for the future shall be for a minimum of three months.
        (3) If an insured's driver's license is cancelled pursuant to section 42-2-125 (4), and after such cancellation neither a court of competent jurisdiction nor an administrative hearing officer determines that the charges have been proved, the insured shall not be required to comply with the proof of financial responsibility requirements stated in this section.
        (4) If at any time when insurance is required to be maintained in accordance with section 42-4-1409 or this article it is not so maintained or becomes invalid, the director shall suspend the driver's license of the person who has not maintained the required insurance and shall not reinstate the license of such person until future proof of financial responsibility is provided in accordance with section 42-7-406 (1).
        (5) Repealed.
        (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.


DMV PROCEEDINGS & DRIVER LICENSE MATTERS 
LOSS OF COLORADO DRIVING PRIVILEGES
DMV Hearing Defense DMV Appeal

Driving in Colorado is a constitutionally protected privilege, but nevertheless a privilege which may be lost.  Multiple statutes can cause loss of driving privileges for different driver behavior.  Drivers are entitled to a DMV hearing.  In some circumstances the right to hearing precedes potential DMV adverse action; under other Colorado traffic laws the adverse order is entered, then the driver is provided notice of the adverse action and right to request subsequent hearing.  If hearing has been held or a DMV final order has otherwise entered and the Colorado driver's license or Colorado driving privileges have been suspended, revoked or denied, the driver's remaining recourse is appeal to the District Court.  DMV appeal is subject to a statute of limitations.  Right to appeal may be lost if the driver delays.  Upon final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for additional information.


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

I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.

 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes

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

Attorney Policies
Defendant Pro Se - Attempt to Defend Own Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your driver's license defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept license defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

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

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in defense of your own license hearing.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  DOR hearings are set quickly.  Please be aware, after other counsel's withdrawal it may be difficult for a new attorney to prepare your defense in time for hearing.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your defense, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

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

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

 
 
DMV APPEAL TO DISTRICT COURT OR COLORADO COURT OF APPEALS

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

FIRST CONSULTATION AND DMV APPELLATE CASE PRELIMINARY REVIEW

First Consultation Regarding Appeal
Representation Provided at DMV Hearing

First Consultation Regarding Appeal
Representation NOT Provided at DMV Hearing

 
 

Attorney Trade Area and Travel
CASES OUTSIDE EL PASO COUNTY

GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS

Colorado is a big state.

Ease of internet access, email and toll free phone doesn't change that fact. Due to the limited nature of DMV hearing defense, it is not economically justifiable for a client to pay DMV hearing travel time or expenses outside El Paso County.

DMV hearing defense - limited trade area

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are from out of state or are unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

Colorado MAP

If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case.

DMV APPEALS
Southern Colorado Area

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

COUNTIES

CITIES / TOWNS

DMV APPEALS
Metro Denver Area

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

COLORADO COURT OF APPEALS

Crowley County Ordway

COUNTIES

CITIES / TOWNS

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

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

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

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

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

PRIMARY WEBSITE

HOMEPAGE  

   DUI & TRAFFIC GATEWAY
 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

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

MAJOR SEARCH ENGINES

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

Topical Website Copyright © 2003 - All Rights Reserved - Document Revised October 10, 2008
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: February 8, 2004

 

Serving Colorado Springs Area Zip Codes

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

Colorado SR-22 insurance, SR-22 insurance, SR-22, SR22, SR 22, insurance, motor vehicle, FRA, financial responsibility act, proof of financial responsibility, Colorado driver license, Colorado driver's license, Colorado, driver's license, driver license, license suspension, license revocation, criteria, period required, insurance lapse, insurance lapsed, lapse, lapsed, insurance term revocation, insurance revocation, Colorado Department of Revenue, Colorado DOR, Colorado Division of Motor Vehicles, Colorado DMV, Colorado MVD, driver license hearing, license hearing, Colorado Springs, El Paso County, Colorado, court, license defense, traffic defense, defense lawyer, lawyer, attorney




FIND A LAWYER ANYWHERE


Colorado DOR - DMV Overview
Page Overview

Page Top

 

Hit Counter