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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 DMV SR-22 INSURANCE
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 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.
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?
Any number of traffic violations can
cause SR-22 insurance. To mention a few, but not exclusive:
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Having your driving privileges
revoked for excessive alcohol content or refusing a chemical test
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Being convicted of two alcohol
related traffic offenses within 5 years
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Being convicted of three alcohol
related traffic offenses during your lifetime
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Being revoked or denied as an
habitual offender
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Being convicted of hit and run
involving personal injuries
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Being convicted of a felony in
the commission of which a motor vehicle was used
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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
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Giving false information to the
DMV relating to ownership or operation of a vehicle
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Being convicted of reckless
driving 3 times committed within 2 years
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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
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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
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Underage 2nd or subsequent
conviction or license revocation for "baby DUI"
BAC 0.05 - 0.10
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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
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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
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Driving without SR-22 insurance
when SR-22 insurance was required
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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
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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
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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 |
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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 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. |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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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. |
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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 and Travel
CASES 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
October 10, 2008
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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attorney
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