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		Attorney Business Hours Attorney Availability Status FREE INITIAL CONSULTATION   Fax (719) 260-1003
HIT AND RUN COLORADO SPRINGS CRIMINAL & TRAFFIC DEFENSE
WELCOME I appreciate your interest perhaps I will become your attorney

Hit and Run Colorado Springs Criminal Traffic Defense. Colorado hit & run - leaving the scene of an accident, failure to stop & render aid, failure to report accident, duty striking unattended vehicle, duty upon striking highway fixture. Bail bond, offenses & statutes, accident report, when to exercise right to remain silent and right against unreasonable search & seizure, possible defenses including but not limited to requirement to place defendant as driver plus paint scrapings and electrophoresis testing of transfer paint chemical composition.

        Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.  Consult with your attorney before talking.

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.

HIT & RUN DEFENSE   OFFENSES AND STATUTES   MISDEMEANOR TRAFFIC OR FELONY STATE COURTS El Paso County Court and District Court   hit and run convictions each carry 12 points Proceedings Traffic Felony Sentencing License Defense DMV Forms DMV Addresses Self Help Research *  Selected Law  * Statutes Attorney Travel Attorney Fees & Costs

DEFINITIONS

1.  Vehicle means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks; but such term shall not include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved by muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through the air.  Source: COLJI 37(10) - that's a jury instruction.

2.  Motor Vehicle means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles. For purposes of the offenses of vehicular homicide, driving under the influence, driving while impaired, or reckless driving for farm tractors operated on streets and highways, "motor vehicle" includes a farm tractor which is not otherwise classified as a motor vehicle.  Source COLJI 37(3)

3.  Driver means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.  CRS 42-1-102(27)

4.  Attorney Note. Notice the verbiage distinction in laws.  Most refer to vehicle; a few references are made to motor vehicle.  This is intentional and has meaning.  Prosecutors are now charging "DUI Bicycle" and could charge "Bicycle Hit & Run."  Although bordering on the ludicrous, "Mattel Toys Big Wheel Hit & Run" or "Radio Flyer Hit & Run" could also be charged.

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CRS 42-4-1601. Accidents involving death or personal injuries - duties.
                Attorney Note - major offense for purposes of habitual offender finding

        (1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603(1). Every such stop shall be made without obstructing traffic more than is necessary. 
        (1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603(1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603(2) and 42-4-1606. 
        (2) Any person who violates any provision of this section commits: 
                (a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person; 
                (b) A class 5 felony if the accident resulted in serious bodily injury to any person; 
                (c) A class 4 felony if the accident resulted in the death of any person. 
        (3) The department shall revoke the driver's license of the person so convicted. 
        (4) As used in this section and sections 42-4-1603 and 42-4-1606: 
                (a) "Injury" means physical pain, illness, or any impairment of physical or mental condition. 
                (b) "Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. 
        Refer to my primary website Sentencing page for more information.
        Refer to my primary website Nuisance Abatement page regarding forfeiture of vehicle.

CRS 42-4-1602. Accident involving damage - duty.
        (1) The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense. 
        (2) When an accident occurs on the traveled portion, median, or ramp of a divided highway and each vehicle involved can be safely driven, each driver shall move such driver's vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603. 
        Refer to Sentencing page for more information.

CRS 42-4-1603. Duty to give notice, information, and aid.  aka failure to stop & render aid
        (1) The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, the driver's address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person. 
        (2) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver's part to be performed, shall immediately report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1606 and submit thereto the information specified in subsection (1) of this section. 
        Refer to my primary website Sentencing page for more information.
        Refer to my primary website Nuisance Abatement page regarding forfeiture of vehicle.

CRS 42-4-1604. Duty upon striking unattended vehicle or other property.
        The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver's name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 
        Refer to Sentencing page for more information.

CRS 42-4-1605. Duty upon striking highway fixtures or traffic control devices.

CRS 42-4-1606. Duty to report accidents.  aka failure to report accident
        (1) The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603(1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603(2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat. 
        (2) Repealed. 
        (3) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department. 
        (4)    (a) (I) It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, "inflatable restraint system" has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b). 
                    (II) Repealed. 
                (b) The law enforcement officer shall not be required to complete an investigation or file an accident report: 
                    (I) In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or 
                    (II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person. 
        (5) The person in charge at any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the name and address of the owner and operator of such vehicle together with any other discernible information. 
        (6) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 
        Refer to my primary website Sentencing page for more information.
        Refer to my primary website Nuisance Abatement page regarding forfeiture of vehicle.

CRS 42-4-1607. When driver unable to give notice or make written report. 
        (1) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in section 42-4-1606(1) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
        (2) Repealed. 
        (3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 
        Refer to Sentencing page for more information.

CRS 42-4-1608. Accident report forms. 
        (1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this article, which reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the contributing circumstances, the conditions then existing, and the persons and vehicles involved.
        (2) Every required accident report shall be made on a form approved by the department, where such form is available.

42-4-1609. Coroners to Report. 
        Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the department the death of any person within such official's jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident. 

42-4-1610. Reports by interested parties confidential. 
        All accident reports and supplemental reports required by law to be made by any driver, owner, or person involved in any accident shall be without prejudice to the individual so reporting and shall be for the confidential use of the department; except that the department may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. Except as provided in section 42-7-504(2), no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except that the department shall furnish, upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department. This section shall not be construed to mean that reports of investigation or other reports made by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be public records and shall be subject to the provisions of section 42-1-206.

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Hit & Run Defense Overview Page Top

HIT & RUN DEFENSE     POTENTIAL DEFENSES caveat - more law is applicable - just a brief overview here   MISDEMEANOR TRAFFIC OR FELONY   hit and run convictions each carry 12 points it appeared to be a clean getaway, but curses - foiled again by sophisticated law enforcement COLORADO STATE COURTS Proceedings Traffic Felony Sentencing License Defense DMV Forms DMV Addresses Legal Research *  Selected Law  * Statutes Definitions - Colorado State Courts Attorney Travel Attorney Fees & Costs

Defendant's Vehicle Not Involved in Accident

1. Damage and transfer paint
           The suspect's vehicle may have damage and transfer paint on it the same color as that of the victim's vehicle or other damaged object.  That damage:
               a.)  may have occurred in the alleged hit and run accident, 
               b.)  may have been pre-existing damage with similar color transfer paint
           The victim's vehicle may have sustained damage and transfer paint from the vehicle which struck it. That transfer paint may appear to be the same as on the defendant's vehicle and:
               a.)  may be from the suspect's / defendant's vehicle
               b.)  may be from a third person's vehicle

2. "Red paint is not red paint"
           Paint scrapings may be procured from both the defendant's vehicle and the victim's vehicle or other damaged item.
           Even paint batches of the same color applied by the same vehicle manufacturer will have slightly different chemical composition.
           Paint scrapings analysis - infrared spectroscopy and scanning electron microscopy with x-ray emission of the paints will reveal chemical composition and can prove whether or not the transfer and original paints are from the same batch.  Simply put - the red transfer paint on your white vehicle didn't come from this red vehicle belonging to defendant - exculpatory proof.

3. Dust off your check book - time to pay an investigator to procure the paint samples and preserve chain of custody, and to pay the laboratory for testing of paint scrapings by by infrared spectroscopy and scanning electron microscopy with x-ray emission.  Refer to laboratory costs - it's quite expensive.  A series of tests are performed by the lab in search of exclusion.  As more tests are required to exclude, laboratory fees and costs increase.

Defendant Not Driving

1. The State must prove beyond a reasonable doubt that the defendant was the person driving a vehicle involved in the alleged accident.
           It is common for a eyewitness to record the license number of the vehicle leaving the scene, however not recall any particulars regarding the driver - including but not limited to sex, age, race or physical appearance.

2. Law enforcement officers are not required to offer Miranda warnings unless an interrogation (questioning) takes place in a custodial setting.  They therefore frequently attempt to ask questions regarding ownership and usage of the vehicle, perhaps by phone when the suspect is caught totally unaware.  Arrest by phone is a tough argument for defense counsel regarding custodial setting.  Police may then include a request for an in person interview at the station, with an invitation to come arrest and book through the jail house if the suspect's cooperation is not forthcoming.
           This attorney recommends the suspect exercise his / her rights to silence and the presence of counsel.
           If the officer intends to arrest, the defendant can make prior arrangements with a bail bondsman to reduce the amount of time from initial booking to release.  Refer to the bail bond.
           Arrest without sufficient evidence to convict is preferable to admissions which may ultimately lead to conviction.

3. Law enforcement officers can obtain a court order to produce the vehicle, however they frequently intimidate the owner by threatening to use production and damage assessment.  
           This attorney recommends production of the vehicle at counsel's office or a private investigator's office.
           Defendant client is not available to the law enforcement officer for questioning, only the vehicle for inspection
           Intimidation and admissions can not occur if the vehicle owner / client is not present
           This attorney has seen law enforcement officers photograph a client's vehicle and take measurements, however in 25+ years of traffic practice, I have never seen the State procure paint scrapings and conduct electrophoresis testing regarding a hit and run charge.

4. The defendant may have an alibi - other location at the time of the alleged incident.

Burden of Proof.  The state must prove each and every element of the offense charged beyond a reasonable doubt.  If a factual defense exists such as wrong transfer paint or someone else driving, it's a good idea to preserve and present the evidence necessary to convince a jury of your claims.  You may even convince the prosecutor that the state's case is so weak, they drop charges before trial.

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

Traffic tickets may have an impact upon a driver's license or privileges to drive in Colorado.  Refer to below topical links.

ACCIDENT REPORTS & OTHER DMV FORMS Colorado DMV forms, State of Colorado on-line accident report State of Colorado accident report obsolete 8/4/04 * police now verify insurance at the accident scene CSPD Accident Cold Report * CSPD Police Operations Center   Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, an on-line State of Colorado Accident Report must be submitted to the Colorado DMV within 10 days of an accident. CRS 42-4-1609  If the accident occurs within the City of Colorado Springs and an officer does not respond or complete an accident report, a CSPD Accident Cold Report is due within 72 hours.  Also by statute, statements by a driver in the accident report may not be used in conjunction with any court proceedings, criminal or civil, except that the DMV may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. CRS 42-4-1610, CRS 42-7-504.  Refer to link in above box for DMV on-line accident report and Colorado DMV forms.  The primary purpose of filing the accident report is to comply with state law, and to provide evidence of insurance on the vehicle - thereby avoiding an FRA suspension.  If hit & run, an alcohol traffic offense such as DUI, DEAC, DWAI or MIP or driving under restraint charges are alleged, a driver should consult with his or her defense attorney regarding exercise of constitutional privileges before making any oral or written statement.

Other Colorado DOR / DMV Forms  DMV - Evidence of Insurance DMV - Affidavit of Financial Responsibility DMV - FRA - Release from Liability DMV - FRA - Waiver of Security - Financial Responsibility DMV - Promissory Note Contract DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance

COLORADO DOR / DMV ADDRESS AND LINKS DOR & DMV STRUCTURE DMV ADDRESSES AND PHONES DMV - Denver Main Office DMV Colorado Springs Regional DMV - Colorado Springs Satellites DOR - HEARING & APPEALS DOR - Denver Main Office DOR - Colorado Springs Regional DOR / DMV LINKS   DMV - DRIVING ABSTRACTS AND RECORDS

DMV - Address Change

If any driver has not given the DMV your current address, do immediately. The DMV is only required to provide notices to the last address in their records. Drivers may request a hearing or provide a change of address to any DMV office.  DMV Colorado Springs Regional Service Center

DMV - DRIVER'S LICENSE ACTIONS

DMV Suspension, Revocation or Denial - Driving Privileges Adverse Action             DMV - point structure             DMV - points assessed for common tickets             DMV - point suspension base period             Points - out of state license - Colorado conviction             Points - Colorado license - out of state conviction         DMV proceedings - alcohol related             DMV proceedings - alcohol related - BAC .100 or greater             DMV proceedings - alcohol related - BAC refusal             DMV proceedings - alcohol related - points             DMV proceedings - alcohol related - two convictions within five years             DMV proceedings - alcohol related - three convictions within lifetime             DMV proceedings - mip - underage possession or consumption of alcohol             DMV proceedings - habitual offender - alcohol related         DMV proceedings - non-alcohol             DMV proceedings - point suspension             DMV proceedings - potential defenses - penalty assessment traffic infractions             DMV proceedings - habitual offender - non-alcohol         DMV proceedings - duration of suspension, revocation or denial             DMV proceedings - base periods of point suspension             DMV proceedings - base periods of other suspension, revocation or denial         DMV - Application for Driver's License in Another State

DMV - COMPULSORY INSURANCE ADVERSE ACTIONS UNINSURED SUSPENSION - DMV NOTICE HEARING PROCEDURES UNINSURED SUSPENSION - CONVICTION FRA SUSPENSION SEIZURE OF LICENSE PLATES POTENTIAL DEFENSES

DMV - SR-22 INSURANCE GENERAL INFORMATION HOW DID I GET HERE? CAN I DROP SR-22 INSURANCE? STATUTORY PROVISIONS

DMV - INTERLOCK  /  PROBATIONARY "RED" LICENSE  "RED LICENSE" INTERLOCK LICENSE VOLUNTARY INTERLOCK MANDATORY INTERLOCK INSTALLATION & MONITORING INTERLOCK STATUTES DMV - Restricted Interlock License Agreement Form INTERLOCK DEVICE VENDORS

DMV - HABITUAL TRAFFIC OFFENDER GENERAL INFORMATION CRITERIA - CONVICTIONS DARP - MISDEMEANOR DARP - FELONY   POTENTIAL DEFENSES

DMV - TRAFFIC INTERSTATE COMPACT GENERAL INFORMATION COLORADO POINTS DRIVER LICENSED OUT OF STATE - TICKET IN COLORADO COLORADO LICENSED DRIVER - TICKET OUT OF STATE NATIONAL RECORDS AND FALSE INFORMATION NO LEGAL ADVICE RE FOREIGN JURISDICTION

DMV APPEALS TO DISTRICT COURT OR TO COLORADO COURT OF APPEALS APPEAL TO DISTRICT COURT - APPELLATE PROCEDURE TEMPORARY RESTRAINING ORDER - PRELIMINARY INJUNCTION COMMENCING THE APPELLATE LAWSUIT IN THE DISTRICT COURT TAKING THE DMV APPEAL TO FINAL JUDGMENT IN THE DISTRICT COURT EVIDENCE - APPEAL ON RECORD APPELLATE STANDARDS DISTRICT COURT FINAL ORDERS APPELLATE LEGAL BRIEFS AWARD OF ATTORNEY FEES AND COSTS FURTHER APPEAL TO COLORADO COURT OF APPEALS ATTORNEYS FEES AND COSTS

State of Driver's License Issuance - Colorado DUI stop - Seizure

Colorado License         If DUI, DEAC or DWAI was charged in addition to hit & run, most likely the driver's license was physically seized by the arresting officer at the time of arrest if the driver refused chemical testing or had a breath test.          If the driver elected and completed a blood test, the license probably was not seized as the officer did not know the results, but will be seized at the revocation hearing if adverse ruling enters.         If the driver wins the DMV hearing, the license will be returned with no adverse consequences         If the driver loses the DMV hearing, unless in possession of a valid out of state driver's license prior to revocation of the Colorado license, he / she may not drive anywhere in the U.S.         Refer to DMV adverse action defense Out of state license         Colorado law provides that an out of state license be seized by Colorado DMV. But see State v. Kivell, 463 N.E.2d 52, 55 (Ohio App. 1983) and Commonwealth v. Levy, 194 Pa.Super. 390, 169 A.2d 596, 598 (1961) - deciding whether a trial judge could seize an out of state license pursuant to DWI state law, ruling entered that a license issued by another state can only be suspended or revoked by it.  Put another way - a state can deny privileges within it's boundaries and send notice to the home state, but what a state didn't grant, the state can't take away.  The license can not be seized because it is valid in the home state and other states absent adverse action by the home state.  This issue has not yet been tested at the Colorado appellate level.  Hmmm.... but none of my clients have wanted to spend the money on an appeal - so.... police and the DMV continue to seize out of state licenses.  Every attorney is awaiting a client with the resources and resolve to test the law on appeal.         Most likely the driver's license was physically seized by the arresting officer at the time of arrest if the driver refused chemical testing or had a breath test.          If the driver elected and completed a blood test, the license probably was not seized as the officer did not know the results, but will be seized at the revocation hearing if adverse ruling enters.         A Colorado revocation or denial will prevent the driver from lawfully driving in Colorado on an out of state license.          Regarding possibility of a duplicate foreign license which may be valid outside Colorado, please refer to my website Interstate Compact page         Please refer my website DMV adverse action defense FIND A LAWYER ANYWHERE    Hit & Run Defense Overview Page Top

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

ATTORNEY'S FEES AND COSTS HIT & RUN DEFENSE   TRAFFIC CRIMINAL CHARGE   LICENSE SUSPENSION HEARING

        At the time of the first visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will be honored for a period of seven (7) days, after which it is subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
        In most circumstances, attorney initially makes an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat fee or a trial flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer, or hourly and trial flat fee options only.  ELECTION. Offered fee options will be up to the client, however client's initial election will be final.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE HIT & RUN DEFENSE HOURLY FEE RATE SETTLEMENT FLAT FEE deduct from trial flat fee *property damage - no personal injury and no laboratory paint testing $1,250*          TRIAL FLAT FEE deduct settlement fee  *property damage - no pers. injury and no laboratory paint testing  $3,000*         I generally offer hourly fees or a settlement flat fee.  Most hit & run cases plea bargain and do not proceed to trial.  The settlement flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate. Notice: Nuisance Abatement and forfeiture of vehicle would be subject to an independent fee quote. Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.   TRUST DEPOSIT REQUEST trust deposit request regarding fees & costs
PAYMENT Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.
Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT $        1,250   $           275     settlement common trust deposit request *property damage - no personal injury, no investigator & no lab paint testing including attorney's fees & litigation costs - excluding travel map * travel policy - time & expenses * travel rates settlement trust deposit would be deducted from trial trust deposit   OR $1,525*     Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT $        3,000   $           525     trial common trust deposit request *property damage - no personal injury, no investigator & no lab paint testing including attorney's fees & litigation costs - excluding travel Additional cost deposit may be requested as trial preparation proceeds & anticipated litigation expenses solidify map * travel policy - time & expenses * travel rates settlement trust deposit would be deducted from trial trust deposit $3,525*     Hit & Run Defense * this shall not constitute an offer, nor be construed as a binding estimate
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client generic costs relevant to any traffic * criminal action generic costs relevant to any litigation e-Filing availability and court mandatory requirements litigation costs fluctuate - not within attorney control costs change & below cost information may be obsolete COLORADO STATE COURT WEBSITE link to Colorado Judicial Branch website -  current costs COLORADO STATE COURT COSTS CRIMINAL & TRAFFIC COURT COSTS County Court CRIMINAL COSTS District Court CRIMINAL COSTS
$135.00   Toxicology - BAC Ethanol (alcohol) only 185.00   Toxicology - BAC Ethanol (alcohol) + NaFl (preservative) 95.00   Toxicology - UA qualitative toxicology screen for marijuana 620.00   Toxicology - UA quantitative toxicology screen for marijuana 545.00   Toxicology - Substance quantitative toxicology screen for marijuana 595.00   Toxicology - Qualitative and quantitative drug screen 720.00   Toxicology - BAC ethanol (alcohol) + NaFl (preservative) + drug screen 1,000 - 4,000     Laboratory - paint scrapings testing       infrared spectroscopy and scanning electron microscopy with x-ray emission 2,000       Laboratory - Toxicologist testimony hourly fees and travel mileage  -         misdemeanor hourly rate $250 - 5 hours travel time + min 1.5 hours court time       rates as of 5/24/05 Price   Client Background Search Varies   DMV Out of State Driving Record 10.00   Accident Report 20.00   Offense Report 10.00   DA Office discovery packet - estimate (actual may be more or less) 25.00   State court jury deposit C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal) 10.00   Court records search & copy costs (actual may be more or less) 10.00   Copy expense at courthouse for prior offense files (estimate - may vary) 30.00   OJW fee to court (outstanding judgment warrant) 2.20   DMV admin hold release fee (OJW - outstanding judgment warrant) 500.00   Private Investigator initial retainer - if relevant - Rivera Investigations utilized by attorney      variable based upon number of witnesses to interview 200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable 200.00   Subpoena process service expense - depends on number of subpoenas issued Varies   On-line legal research - dependent upon issues requiring legal research, if any Rates   Travel time and expenses if the case is outside Colorado Springs
Laboratory testing of transfer paint scrapings is expensive, but will determine whether the paint was in fact transferred between defendant's vehicle and the vehicle alleged to have been hit.  It is not uncommon for a person to have a minor fender bender and be fearful of the spouse's wrath or insurance consequences.  Picking out a vehicle of similar color to the transfer paint is a convenient excuse.  That's where the lab cost rub comes into play.  Likewise an investigator is expensive, but can make the difference in developing weaknesses in the state's case.  Absent alcohol, the lab or private investigator expense, all that remains are a few records, a background search, some 35mm film, and maybe an 8mm video tape unless the case goes to trial.  Your potential consequences, your pocketbook, your call.  Potential Expense.
It may be prudent to place law enforcement 911 * dispatch tapes and records, plus other law enforcement records under subpoena duces tecum.  Expense will depend upon the amount of time the law enforcement agency spends searching dispatch tapes and records, but total expense frequently runs $140 - $200.
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

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POTENTIAL FEE QUOTE DOR * DMV LICENSE HEARING SUSPENSION  *  REVOCATION  *  DENIAL HEARING FLAT FEE HOURLY FEE RATE   Colorado Springs Attorney Robert D. Gustafson common quote - limited flat fee $650 this shall neither constitute an offer, nor be construed as a binding estimate DMV limited flat fee would be dependent upon the facts and circumstances of the case
A DMV limited flat fee would likely be offered.  Additional hours necessitated by continuance requested by police or by subpoena procurement are billed at hourly rates.  A client may retain the attorney's services in a DUI or traffic criminal case without asking for assistance at DMV proceedings.  Attorney does not undertake representation in DMV proceedings until the DMV limited flat fee has been paid, and full payment is required at least *seven (7) days in advance of hearing.  Fees beyond the DMV limited flat fee would be unusual.   Attorney will initially make an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a hearing flat fee per above.  Offered fee options will be up to the client, however client's initial election will be final.  Hourly fee billings are based solely upon time, and may be more or less than the offered flat fee.  Hourly fees are not capped at the limited flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer.  Attorney reserves the right to decline any case.   * Applicable case law, statutes, rules of civil procedure, and Department of Revenue or Department of Health regulations contain mandatory time constraints, are complex and are generally unfavorable to the driver. The above 7 day hiring limitation is based solely upon client control over fees paid at time attorney is retained in the criminal case and upon avoidance & resolution of attorney calendar conflicts.  Prospective clients are notified 7 days is insufficient time to prepare an adequate license hearing defense which involves DMV discovery or DOR issuance of subpoena (compelling testimony) or subpoena duces tecum (compelling testimony & production of documents or evidence).  Delay in retaining attorney may prejudice the defense. Whether the underlying basis is alcohol related or not, time is critical in DOR hearings regarding suspension, revocation or denial of Colorado driving privileges.   DOR hearing fee Estimate Caveats.  If collateral attack is required, the attorney would need to know more about the number and locations of underlying court cases to be attacked before offering a DOR hearing fee.  Legal research and research time would increase the estimates.   Non-Alcohol Alcohol Habitual Offender
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount

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FIRST CONSULTATION	ACCOUNTING STRUCTURE	HOURLY FEES	COSTS
FLAT FEE - DEFINITION	SETTLEMENT PHASE	SETTLEMENT FLAT FEE
CONTESTED PHASE	TRIAL FLAT FEE	FLAT FEES - PHASES EARNED
HOURLY vs FLAT FEES	CLIENT'S ELECTION - FINAL	TRAVEL TIME & EXPENSES
FEES & COSTS SECURITY	TRUST ACCOUNT	WITHDRAWAL - TERMINATION
CLIENT DUTY TO DISCLOSE	OMISSION  NON-DISCLOSURE	ALTERNATIVES
ATTORNEY SELECTION	RETAINING GUSTAFSON	ADVICE BY LAYMEN

Cheer up. Life gets better. 
Thank you for considering my services; I appreciate your inquiry.

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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

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 Major Charge Cards Accepted 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 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. 2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to prepare an adequate defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 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 case.  I decline. Alternatives FIND A LAWYER 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.  Please be aware, after other counsel's withdrawal it may be difficult for the the new attorney to "catch up." 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 contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER

POST SENTENCING MATTERS PROBATION REVOCATION  *  PAROLE VIOLATION DEFERRED SENTENCE REVOCATION  *  APPEALS Post Sentencing.  I do not accept post sentencing matters in any criminal, DUI or traffic case unless I provided representation during the case in chief at the trial court level and am familiar with the facts, testimony and exhibits received into evidence, rulings & meritorious issues. That's been my policy for years.  Please do not call or inquire regarding post sentencing matters if you are not a former client. Alternatives FIND A LAWYER This includes appeals or plea to domestic violence or other criminal charge, DUI, DEAC or DWAI charge or other traffic charge and probation, deferred sentence, parole or incarceration or revocation proceedings based upon alleged failure to comply.   Exceptions.  If the underlying criminal case qualifies, refer to sealing criminal records.  I accept meritorious sealing cases regardless of whether or not you are a former client.  NOTICE: alcohol related traffic offenses, other traffic offenses or traffic infractions are a specifically excluded in the sealing statute and can not be sealed.  If relevant, I also accept meritorious collateral attack cases.

ATTORNEY TRADE AREA & TRAVEL OUTSIDE EL PASO COUNTY   GEOGRAPHIC DISTANCE ECONOMIC CONSIDERATIONS Colorado is a big state.  Easy communication access via internet, email and toll free phone doesn't change that fact. TRAVEL  RATES TRAVEL TIME  *  MILEAGE  *  EXPENSE 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 Southern Colorado Area 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. COUNTIES CITIES / TOWNS El Paso County Colorado Springs / Manitou Springs / Fountain Chaffee County Salida I welcome new cases.  Intent is not to be harsh or to discard potential new business, but to be practical. Crowley County Ordway Custer County Westcliffe Metro Denver Area Douglas County Castle Rock COUNTIES CITIES / TOWNS Elbert County Kiowa / Simla City and County of Denver Denver Fremont County Canon City / Florence / Penrose Adams County Brighton Thornton Federal Heights Huerfano County Walsenburg Arapahoe County Littleton / Centennial / Englewood Las Animas County Trinidad Arapahoe County - East Aurora Lincoln County Hugo (county seat) / Limon Broomfield County Broomfield Otero County La Junta Gilpin County Blackhawk / Central City Park County Fairplay Jefferson County Golden / Wheat Ridge Pueblo County Pueblo FIND A LAWYER ALTERNATIVES Teller County Cripple Creek / Woodland Park

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please feel free to call or email if you are a client or are seeking representation		Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount
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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 FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

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Topical Website Initial Publication Date: January 21, 2004 - Republication Date: May 25, 2006

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