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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
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ATTORNEY PHONE
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NOT
DMV
Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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COLORADO
SR-22 INSURANCE INFORMATION
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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Colorado 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 |
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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.
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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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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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| GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003 -
All Rights Reserved - Document Revised
January 30, 2012
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: February 8, 2004 - Republication Date:
May 25, 2006 |
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919
80917 80915 80908 80132 80909 80913 80916 80921 80922 80925 80901 80902
80903 80904 |
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80905 80906 80907
80910 80911 80912 80914 80921 80926 80928 80929 80930 80931 80933 80934
80935 80936 |
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80937 80940 80941
80942 80943 80944 80945 80946 80947 80949 80950 80960 80962 80970 80977
80995 90997 |
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attorney |
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