








 | |
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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
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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COLORADO SPEEDING TICKETS
COLORADO SPRINGS
TRAFFIC DEFENSE
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WELCOME
I appreciate your interest
perhaps I will become your attorney |
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Colorado Speeding Ticket Defense - Colorado Springs radar,
vascar, pace clock, visual estimate, evidence of speed, speed trap, aerial or airplane surveillance. Defense of traffic infractions & traffic offenses and Colorado DOR - DMV driver's license suspension revocation or denial proceedings. Elements of offense and penalties, Colorado state law - maximum lawful speed limit, reasonable and prudent speed, preemption, Colorado Springs municipal ordinances, traffic engineer's survey, notice - signage requirements, size & placement, velocity and speed conversions,
Colorado Springs Municipal Court, Manitou Springs Municipal Court, Woodland Park
Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court,
Calhan Municipal Court, Simla Municipal Court, Town of Simla Colorado, Court
Simla Colorado, Pueblo Municipal Court, Castle
Rock Municipal Court, Palmer Lake Municipal
Court, Simla Colorado, Calhan Colorado, Denver Municipal Court, Aurora Municipal Court, Brighton Municipal Court,
Broomfield Municipal Court, Centennial Municipal Court, Englewood Municipal
Court, Federal Heights Municipal Court, Golden Municipal Court, Littleton
Municipal Court, Sheridan Municipal Court, Thornton Municipal Court, Wheat Ridge
Municipal Court, WheatRidge Municipal Court
When a driver receives a speeding ticket, generally it is an inconvenience but
nothing more. Usually the prosecutor will negotiate a least a point off
the offense charged, perhaps more. Prosecutors may agree to reduce the
ticket to a 2 point defective vehicle or 0 point obstructed rear window which
won't likely excite the insurance company. After payment of fine and
costs, and crossing guard surcharge in Municipal Court, life moves on. It
is worthwhile to appear in Court on the summons date to receive the benefit of
plea negotiations. Usually counsel is not involved.
Simple is not always the case. If the ticket will cause loss of driver's
license or driving privileges in Colorado, or cancellation of insurance or
significant premium hike, or perhaps a CDL will be affected and therefore
livelihood, then matters become different. Defense of speeding tickets is
somewhat complex. Here I have provided basis overview information. In
my primary website pages linked above, visitors will find
additional information for those with problematic cases.
SPEEDING TICKET
DEFENSE
SPEEDING
CRS 42-4-1101
TRAFFIC INFRACTION
OR OFFENSE |
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Elements of
this speeding are driving a motor vehicle on a highway at a speed greater
than is reasonable and prudent under the conditions then existing or over
the maximum lawful speed. |
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| State Court
Possible Penalties |
Presumptive
Jail |
Presumptive Fines |
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Points
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| Adult and
Juvenile |
Minimum |
Maximum |
Minimum |
Maximum |
Scheduled |
Points |
| 0 -4 mph over
the limit * |
None |
None |
$15 |
$100 |
$15 + $2 |
0 |
| 5 - 9 mph over
the limit * |
None |
None |
$15 |
$100 |
$35 + $5 |
1 |
| 10 - 19 mph
over the limit * |
None |
None |
$15 |
$100 |
$50 + $8 |
4 |
| 20 - 24 mph
over the limit * |
None |
None |
$15 |
$100 |
$100 + $15 |
6 |
Failure to
Reduce Speed
Special Hazard * |
None |
None |
$15 |
$100 |
$35 + $5 |
3 |
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| State Court
Possible Penalties |
Presumptive
Jail |
Presumptive Fines |
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Points
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| Adult and
Juvenile |
Minimum |
Maximum |
Minimum |
Maximum |
Scheduled |
Points |
| 25 - 39 mph over
the limit **
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0 days |
90 days |
$10 |
$300 |
court order |
6 |
| 40+ mph over
the limit **
**** |
0 days |
90 days |
$10 |
$300 |
court order |
12 |
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Points
- not applicable to bicycle or
motorized bicycle |
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The City of
Colorado Springs has lowered the speed limit to 25 mph on all roads where not
otherwise posted and has adopted an ordinance imposing a fine of $10 per mile
over the lawful speed limit. The ticket may be plea bargained down to
a lesser speed for purposes of
points, however the fine will be based upon the
initial alleged speed. |
| Remind anyone of taxation or a source of
revenue to avoid the Tabor Act? |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
1- 12
Points |
1 - 12
Points |
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Colorado Springs Municipal Court has
NOT adopted
early payment point reduction
early payment will result is assessment of full points
charged |
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Surrounding Area
MUNICIPAL COURTS
SPEEDING TICKET DEFENSE |
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TRAVEL TIME & MILEAGE
Billed Outside El Paso County |
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NOTICE: It is the policy of the presiding judge in
Palmer Lake Municipal Court
not to accept negotiated plea settlements. If your ticket in in this
court, counsel must prepare for trial;
trial fees and costs would be quoted. |
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Municipal courts do not have the
availability of e-Filing as do state district courts, however some of the local
area smaller municipal courts have now come into the 21st century by accepting
pleadings and filings via email and payment of fines and costs via bank on-line
bill pay regarding infractions and minor offenses. Depending upon court policy regarding entry of plea via email
and e-payment subsequent to negotiation without the necessity of physical
appearance,
travel time & mileage
may possibly be avoided. Not all courts permit this.
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COLORADO STATE LAW |
multiple sections may have been omitted or summarized for brevity
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refer to link
for full text |
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The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.
Special hazards such as snow, rain, construction, or other attendant
circumstances may effect the reasonable and prudent speed. |
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| Maximum
Lawful Speed |
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Colorado has one lawful speed limit
- 75 miles per hour. All other "speed limits" are merely prima
facie evidence of reasonable and prudent speed. See below
statute.
CRS 42-4-1101(8) ¶¶ (b) & (c) |
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Reasonable
and Prudent Speed
may not be so reasonable or prudent |
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CRS 42-4-1101(2)
Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:
(a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;
(b) Twenty-five miles per hour in any business district, as defined in section 42-1-102 (11);
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102 (80);
(d) Forty miles per hour on open mountain highways;
(e) Forty-five miles per hour for all vehicles in the business of transporting trash, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 42-4-507 (3);
(f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), and are not surfaced, four-lane freeways or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101 (2), or are freeways or expressways;
(h) Any speed not in excess of a speed limit designated by an official traffic control device.
CRS 42-4-1101(4)
Any speed in excess of the lawful speeds set forth in CRS 42-4-1101(2) shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing.
"Prima facie evidence" means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.
That means a rebuttable presumption presumption is created that the maximum safe
speed is that which was designated - but the presumption can be overcome.
No speed limit in Colorado is an absolute speed limit except 75 miles per
hour. CRS 42-4-1101 (7) creates an exception - any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its
jurisdiction. See preemption below.
So, what does all this jibberish
this mean?
An attack can be made on the
reasonable and prudent "speed limit"
Traffic engineer's office
didn't do a traffic survey when adopting the reasonable and prudent
"speed limit" or the survey was inadequate.
Notice was inadequate
If not properly adopted with a
valid traffic survey and properly posted, the "speed limit"
becomes the absolute speed limit of 75 miles per hour. This may end
the case if the driver's speed is alleged below 75 mph.
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CRS 42-4-1101(8)
(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour.
(c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum lawful speed limit and is not subject to the provisions of subsection (4) of this section.
(prima facie evidence of reasonable and prudent speed)
(e) The provisions of this subsection (8) are declared to be matters of both local and statewide concern requiring uniform compliance throughout the state.
(f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour.
(9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or
(b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in
CRS 42-4-108, exist.
(10) The minimum requirement for commission of a traffic infraction or misdemeanor traffic offense under this section is the performance by a driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which said driver is physically capable of performing.
(11) It shall not be a defense to prosecution for a violation of this section that:
(a) The defendant's conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or
(b) The defendant's conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant's vehicle; or
(c) The defendant's vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit.
(12) A violation of driving one to twenty-four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class A traffic infraction; a violation of driving twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class 2 misdemeanor traffic offense; and a violation under subsection (3) of this section is a class A traffic infraction. |
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| Preemption |
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CRS 42-4-1101(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section,
any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its
jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this section.
CRS 42-4-1101(8)(d) State and local authorities within their respective jurisdictions shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway.
Municipalities and Counties adopt ordinances.
Municipal
Codes or Ordinances
County Codes or
Ordinances
Many smaller towns or
counties with
limited budgets adopt the model traffic code (MTC)
Local authorities may adopt by
reference all or any part of a model traffic code which embodies
the rules of the road and vehicle requirements set forth in state law. CRS
42-4-110(b)
To this attorney's knowledge, MTC adoption does not eliminate
traffic
survey requirement.
To find the
ordinance in your area, run a search engine such as
Google,
search:
model traffic code and add the name of the town or county
An example
would be
El
Paso County Model Traffic Code
With respect to cities and
towns, the general preemption statute is controlled by the specific exception
contained in CRS 42-4-1101 (7). Cities and towns may adopt absolute speed
limits below 75 miles per hour. If stopped in a small "town"
(Boondocks, USA) which may not be incorporated, it would be worth investigating
whether it qualified as a "town" under the statutes. I've never
had the issue arise, but it would be worth researching the law further if
relevant.
With respect to counties, no
such exception is provided in CRS 42-4-1101 (7). It is this attorney's
belief that counties are preempted from enacting ordinances at variance with
state law, including the inability to adopt a maximum lawful speed below 75
miles per hour. |
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COLORADO SPRINGS MUNICIPAL ORDINANCES |
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attorney notation: multiple sections may have been omitted or summarized for brevity - refer to
ordinances
for full text |
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10.5.101: REASONABLE AND PRUDENT SPEED; SPECIAL
HAZARDS
A. It shall be unlawful for any person to drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and hazards, actual and potential, then existing.
B. The fact that the speed of a vehicle is lower than the limits established in this chapter shall not relieve the driver of the duty to decrease speed when a special hazard exists with respect to pedestrians, animals, property or other traffic by reason of weather, traffic, roadway conditions or any other actual or potential hazard then existing. It shall be unlawful for any person to fail to decrease speed given the presence of any hazard. (1968 Code §§6-5-1, 6-5-2; Ord. 75-86; Ord. 90-24; Ord. 01-42)
10.5.102 UNPOSTED SPEED LIMITS
Where speed limits are not posted, and where no special hazard exists, the following speed shall be lawful but it shall be unlawful for any person to drive at any speed in excess of the limits:
A. Twenty five (25) miles per hour on streets and highways;
B. Fifteen (15) miles per hour in alleys.
Effective 2003
(1968 Code §§6-5-1, 6-5-2; Ord. 75-86; Ord. 90-24; Ord. 01-42; Ord. 03-49)
This constitutes an amendment from
the former speed limits which are no longer applicable
10.5.103: POSTED SPEED
LIMITS
A. It is hereby determined that the speed limits stated in section 10.5.102 of this article are the maximum reasonable and safe speed limits in each zone, except where the City Traffic Engineer determines on the basis of an engineering and traffic investigation that any speed limit set forth in section 10.5.102 of this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any parts of any street or highway, in which case the Traffic Engineer shall determine and declare a reasonable and safe maximum speed limit not to exceed fifty five (55) miles per hour which shall be effective when appropriate signs giving notice are erected at the intersection or other place or part of the street or highway.
B. Appropriate signs giving notice that the speed limit set forth in section 10.5.102 of this article is the maximum speed may be posted by the Traffic Engineer.
C. Whenever posted speed limits are established in accord with this section, the speed limits shall be recorded as provided in section 10.1.312 of this chapter.
D. It is hereby determined that the posted speed limits determined, posted and recorded are the maximum reasonable or safe speed limits at the locations.
E. It is hereby determined that the speed of twenty (20) miles per hour is the maximum reasonable and safe speed in school zones, and the Traffic Engineer shall establish speed zones by posting appropriate signs giving notice thereof in lieu of the requirements of this section. (1968 Code §§6-5-2, 6-5-3; Ord. 75-86; Ord. 79-32; Ord. 90-24; Ord. 01-42)
10.5.104: EXCEEDING POSTED SPEED
LIMIT
It shall be unlawful for any person to drive any vehicle:
A. One to four (4) miles per hour over the posted speed limit;
B. Five (5) to nine (9) miles per hour over the posted speed limit;
C. Ten (10) to nineteen (19) miles per hour over the maximum posted speed limit;
D. Twenty (20) to thirty nine (39) miles per hour over the posted limit;
E. Forty (40) miles per hour or more over the maximum posted speed limit. (Ord. 98-249; Ord. 00-112; Ord. 01-42)
10.5.105: NOTICE CHARGING SPEED VIOLATION:
In every charge of a violation relating to speed limits, the complaint or summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the speed limit applicable within the district or at the location of the City. (1968 Code §6-5-5; Ord. 77-69; Ord. 90-24; Ord. 01-42)
10.5.106: MINIMUM SPEED
REGULATIONS
A. No person shall drive a motor vehicle on any street at a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed shall be necessary for safe operation of the vehicle or in compliance with law.
B. It is hereby determined upon the basis of an engineering and traffic investigation that slow speeds on certain streets described in traffic control records as provided in section 10.1.312 of this chapter consistently impede the normal and reasonable movement of traffic on the facilities described in the records and it is declared that the minimum speed limit upon those streets or expressways shall be as stated, which speed so declared shall be effective at the time specified when signs are erected giving notice. Any speed less than the minimum speed limit shall be prima facie evidence that the lesser speed is unlawful, except when a reduced speed shall be necessary for the safe operation of the vehicle when a special hazard exists. (1968 Code §6-5-6; Ord. 75-86; Ord. 85-263; Ord. 88-151; Ord. 01-42)
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10.5.107: SPEED
CONTESTS
A. No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7;
Ord. 75-86; Ord. 01-42)
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SPEED CONTEST - DRAG RACING DEFENSE |
ELUDING
POLICE DEFENSE |
10.5.109: EMERGENCY VEHICLES EXEMPT FROM SPEED
LIMITS
A. The speed limitations set forth in this article shall not apply to an authorized emergency vehicle when the driver is responding to an emergency call and is making use of visual and audible signals as prescribed by law, nor shall speed limitations apply to a police vehicle while in actual pursuit of a suspected violator of any provision of this chapter or any other law so long as the pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator or to apprehend the suspected violator.
B. The provisions of subsection A of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall the provisions protect the driver of any vehicle from the consequences of a reckless disregard for the safety of others. (1968 Code §6-5-9; Ord. 75-86; Ord. 01-42)
10.5.110: DEFENSES:
The minimum requirement for commission of a violation of this chapter is the performance by the driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which the driver is physically capable of performing. It shall not be a defense to prosecution for violation of this article that:
A. The defendant's conduct was not performed intentionally, knowingly, recklessly or with criminal negligence; or
B. The defendant's conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief regarding the speed of the defendant's vehicle. (Ord. 90-24; Ord. 01-42)
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TRAFFIC
ENGINEER'S SURVEY |
CRS 42-4-1102. Altering of speed
limits
(1) (a) Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under
CRS 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said department.
(b) Repealed.
(2) Whenever county or municipal authorities within their respective jurisdictions determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under
CRS 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto. No such local authority shall have the power to alter the basic rules set forth in
CRS 42-4-1101 (1) or in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour.
(3) Local municipal authorities within their respective jurisdictions shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under
CRS 42-4-1101 (2) (b) or (2) (c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an "arterial street" means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
(4) No alteration of speed limits on state highways within cities, cities and counties, and incorporated towns shall be effective until such alteration has been approved in writing by the department of transportation. Upon the request of any incorporated city or town having a population of five thousand or less, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. Any speed limit so determined by said department shall then become effective when declared by the local authority and made known by official signs conforming to the state traffic control manual.
(5) Whenever the department of transportation or local authorities, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the department or the concerned local authority may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becoming effective.
(6) In its discretion, a municipality, by ordinance, or a county, by resolution of the board of county commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of
CRS 42-4-1101 to 42-4-1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs.
(7) Any powers granted in this section to county or municipal authorities may be exercised by such authorities or by any municipal officer or employee who is designated by ordinance to exercise such powers.
What does all this mean? A state, county or municipal department of
transportation may not arbitrarily set a speed limit - there must be a survey as
a basis.
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NOTICE - SIGNAGE SIZE AND PLACEMENT |
CRS 42-1-102. Definitions - repeal. As used in articles 1 to 4 of this title, unless the context otherwise requires:
(97) "State traffic control manual" means the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted by the transportation commission.
CRS 42-4-104. Adoption of traffic control
manual
The department of transportation shall adopt a manual and specifications for a uniform system of traffic control devices consistent with the provisions of this article for use upon highways within this state. Such uniform system shall correlate with and insofar as possible conform to the system set forth in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other related standards issued or endorsed by the federal highway administrator. For compliance with this section, the said department shall either publish and distribute a state manual and specifications approved by the transportation commission or shall, by the issuance of a traffic control manual supplement approved by the transportation commission, adopt the said national manual and other related standards subject to such exceptions, additions, and adaptations as are necessary for lawful and uniform application in this state. Said state manual or supplement shall be made available to all municipal and county road authorities and to other concerned agencies in the state.
CRS 42-4-105. Local traffic control
devices
Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this article or local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of state highways to the provisions of
CRS 42-4-110 and 43-2-135 (1) (g). All such traffic control devices shall conform to the state manual and specifications for statewide uniformity as provided in
CRS 42-4-104.
CRS 42-4-601. Department to sign
highways - where
(1) The department of transportation shall place and maintain such traffic control devices, conforming to its manual and specifications, upon state highways as it deems necessary to indicate and to carry out the provisions of this article or to regulate, warn, or guide traffic.
(2) No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the department of transportation except by the latter's permission.
CRS 42-4-602. Local traffic control
devices
(1) No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation.
(2) Where practical no local authority shall maintain three traffic control signals located on a roadway so as to be within one minute's driving time (to be determined by the speed limit) from any one of the signals to the other without synchronizing the lights to enhance the flow of traffic and thereby reduce air pollution.
What does all this mean? Regulatory and advisory roadway signage must
conform to a manual - standardized with respect to size, color and
placement. Colorado utilizes the
U.S.
DOT Traffic Control Manuals.
What are the manual titles and where do I find the manuals? Refer to link
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U.S. DOT Traffic
Control Manuals
In general terms, velocity and speed mean the same thing: the distance moved
in a unit of time.
Velocity is ordinarily expressed in
feet per second.
Speed is more commonly used with
reference to motor vehicles, is measured in miles and hours and speedometers are
made to read in miles per hour.
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In speeding or stop-sign / stoplight cases, sometimes seconds (or
fractions of a second) become relevant to the officer’s opportunity to
observe or calculation error.
This is particularly true in cross-examining an officer who conducted a
vascar clock or pace clock in a speeding case, or can be devastating to the
officer’s credibility in cross-examination of a stop sign / red light
observation.
Accident investigation reports commonly express velocity (feet per
second). Conversion is necessary to understand the accident report or review
the credibility of the accident investigation.
Therefore, one must be able to convert miles per hour into feet per
second.
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Conversion
Speed to Velocity
Miles Per Hour To Feet Per Second
Miles per hour can be changed to feet per second by multiplying the number of
miles per hour by the feet in a mile (5,280) and dividing by the seconds in an
hour (3,600). This is approximately equivalent to multiplying miles per hour by
1.47 (which is 5,280 / 3,600 to two decimal places).
Mathematical Formula
v = 1.47s
v = velocity (feet per second)
s - speed (miles per hour)
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Example
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60mph = 5,280 / 3,600 = 88 ft
per sec exactly or
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60mph = 60 x 1.47 = 88.2 feet
per second approximately
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Rough estimates: miles per hour can be multiplied by 1.5
Put another way, half the number is added to the number
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Example
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60mph = 60 x 1.5 = 90 ft per
see, approximately or
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60 mph plus 30 mph (half that
amount) = 90 ft per sec, approximately
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Conversion
Velocity to Speed
Feet Per Second
To Miles Per Hour
Feet per second can be changed to miles per hour by multiplying by the
seconds in an hour (3,600) and dividing by the feet in a mile (5,280). This is
approximately equivalent to dividing by 1.47 or multiplying by 0.682 (3,600 /
5,280 to three decimal places)
Mathematical Formula
s = v / 1.47 or s = 0.682v
v = velocity (feet per second)
s - speed (miles per hour)
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Example
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66 ft per sec = 66 x 3,600 /
5,280 = 45 mph exactly or
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66 feet per second = 66 x 0.682
= 45.0 mph approximately
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Rough estimates: miles per hour is two thirds of feet per second
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Example
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two thirds of 66 feet per second
is 44 miles per hour approximately or
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66 feet per second = 66 x 2 =
132 / 3 = 44.0 mph approximately
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66 feet per second = 66 x 0.682
= 45.0 mph approximately
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Multiplying by 2/3 (0.6667) is roughly the same as dividing by 1.5
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Example
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66 feet per second = 66 / 1.5
44.0 mph approximately
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REQUIREMENT OF EVIDENCE
MEASUREMENT OF SPEED |
A judge or magistrate may not let the issue go to a jury (lack of prima facie
evidence) unless there is mechanical support (radar, vascar, pace clock or
laser) for the visual estimate. In a trial to the court, I've seen a judge
stop the case when the officer admitted the ticket was based only upon a visual
estimate. Other judges may proceed.
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VISUAL ESTIMATE
MEASUREMENT
OF SPEED |
As a part of radar or vascar training, officers must make visual estimates of
speed. To become certified and receive a wallet certification card, each
must accurately estimate speeds:
"On the
sit" 10 estimates plus or minus 3 miles per hour
"On the move" 5
estimates plus or minus 5 miles per hour
To quote the TV credit card commercial: "What's in your wallet?"
Hopefully, the officer doesn't
possess the certification card and it's not "To the neighbors!"
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RADAR
MEASUREMENT
OF SPEED |
State patrol troopers, city police and county deputy sheriff's typically have
access to radar devices.
DEFINITIONS AS APPLIED TO RADAR
TERMINOLOGY
testing officer's radar knowledge
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Batching: Effect caused by rapid acceleration
or deceleration of
patrol vehicle while obtaining a clock using moving radar. Patrol speed
calculation is not accurate, causing faulty target reading.
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Target Bumping: Same as batching.
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Multiple Bounce: Radar beam is bounced off a radar reflective object.
Several various effects mat be noted, depending upon circumstances.
a. Patrol speed is doubled and
presented in target window. No reading in patrol window (moving radar).
b. Radar beam bounces off a
building, sign, etc., to clock a target approaching from the rear instead of
to the front. (moving or stationary. Not too frequent in moving mode, but
possible.)
c. Radar Beam bounces off
reflective surfaces to clock a target over a hillcrest or around a curve in
a canyon. The clock may be quite accurate, but is invalid due to no tracking
history.
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Own Speed Capture: (Moving mode only) Patrol and target speed identical
in the absence of a target vehicle.
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Shadowing: Effect noted when patrol speed is referenced from a moving
object. Patrol window shows opening or closing speed between moving object and
adds the difference between false and true patrol speed onto target's speed.
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Panning or Scanning: As defined by Webster's Unabridged Dictionary, both
imply movement. As applied to CLETA Radar Instruction, either term describes
moving the radar antenna to follow a target, "Quick-Draw" movement,
etc.
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Feedback Effect: Caused by aiming radar antenna at or across readout
portion of control module. May result in high readings or unusual audio or both.
(D.O.T. calls this panning)
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Cosine Factor: Effect noted when an angle exists between the radar and a
target. Effect on target speed varies according to circumstances.
a. Stationary Radar - Always favors target vehicle. Displayed speed is
less than true speed.
b. Moving Radar - If no cosine angle exists on patrol speed, any cosine
effect favors the target vehicle.
c. Moving Radar - If a cosine angle is present on patrol speed, the error
in patrol speed is added to the target vehicle's speed.
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Interference: Accidental introduction of a false signal into a radar may
be natural or man made in origin.
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Jamming: Deliberate introduction of a signal to cause a false radar
reading or to prevent any reading at all from being displayed.
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Low Speed Combining: (Moving Radar Only) Effect noted when radar
combines patrol and target speed and gives the speed in the patrol window. No
target reading is present. Usually happens at or below low end of moving radar
operating limit. (Older officers trained by manufacturer may refer to this as
Low Speed Batching.)
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Cosine Factor - Angle Error
Error is linked to angle.
v = Actual velocity
va = Apparent velocity (what radar sees)
va = v (cos 0)
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CERTIFICATION
* CALIBRATION * SET UP
radar speed
enforcement
-
Preferable to voir dire officer prior to introduction of
speed reading
Alternative: cross examination
Accuracy of unit
Manufacture's certificate of
accuracy
Prosecutors will likely
attempt to introduce
Manufacturer is likely
not a governmental agency, therefore not a government document under
seal.
Certificate is subject
to the hearsay objection.
Tuning fork(s)
One tuning fork
certified by the Colorado Dept. of Agriculture, Div. of Weights
& Measures
certification date
within one year prior to the stop People v. Walker, 610
P.2d 496 (Colo.1980)
certification date
within one year before or after the stop People v.
McIntyre, 719
P.2d 727, 729 (Colo.1986)
Two tuning forks of
different speed calibrations - neither one certified
By running a vehicle with a
calibrated speedometer through radar
By concurrent speed check of
a vehicle by radar and by vascar
Timing of accuracy
check
Reasonable time before
and after operation to insure proper functioning. People v.
Walker, 610 P.2d 496, 498 (Colo.1980); People v. McIntyre,
719
P.2d 727, 729 (Colo.1986)
At place where defendant
was arrested and immediately prior thereto. City of St.
Louis v. Boecker, 370 S.W.2d 731 (Mo App. 1963), Royals v.
Commonwealth, 198 VA 876, 96 S.E. 2d 812(Ct. App. 1957)
At and near the time of
the stop.
Due to impracticality of
using a second calibrated speedometer or separate vascar unit on
location, accuracy is usually verified by tuning fork(s).
Law enforcement agency FCC
license.
Can be discovered
Dates of issuance and expiration
If not current, the unit is
being operated unlawfully.
FCC license generally runs
on a 2 or 5 year cycle.
Maintenance and recalibration
Exact nature of repair.
Dates of repair
Dates of recalibration -
preferably within 6 months
Identity and qualification
of technician
Hearsay objection
Radar unit frequency
Pulse radar (similar to
military - can track multiple targets) - I've not seen in Colorado
Doppler radar - S Band, X
Band, K Band
S Band no longer used in
Colorado
X Band 10,525 MHz
K Band 24,150 MHz
Tuning forks
Stamped on fork(s):
speed corresponding to fork
Serial Number
Manufacturer
Frequency: X or K Band
Frequency correspond to unit
- X Band or K Band
Speed correspond to fork
Serial number &
manufacturer
Tines
damage, dents or dings -
Walker, supra at 499
Position relative to unit
Distance from radar
antenna 1" - 2"
Horizontal or vertical
placement - harmonics
| Tine Direction
Placement
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| Improper
harmonics
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{__}
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Proper harmonics |
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Activation
Striking metal object -
improper harmonics
Striking too hard
results in next harmonic and higher speed
May damage or dent tines
Two forks simultaneously
- 80 & 50 = 30
Antenna direction and
possible other targets during accuracy test.
Readings on accuracy
test
Each fork
Patrol window and
target window
Steady, flashing, no
reading, fluctuating
Verification of subtracters in moving radar
2 forks simultaneously; i.e.: 80 and 50 = 30
Time of accuracy test(s)
Reasonable time before & after operation to ensure functioning
properly
Walker, supra at 498
At place where defendant arrested and immediately prior to
City of St. Louis v. Boecker, 370 S.W. 2d 731 (Mo. App.
1963)
Royals v. Commonwealth, 198 VA. 876, 96 S.E.2d 812 (Ct.
App. ___)
Operation of accuracy test
Antenna direction and other possible targets during accuracy test
Readings on accuracy test
Each fork; patrol window and target window
Steady, flashing, no reading, fluctuating
Interference
Heater fan
Power source
Direct to car battery,
cigarette lighter, portable battery pack
Shielded cable from power source to battery
If none - engine and electrical interference
Multiple cables twisted - antenna, power and remote
Induction coil effect
Increase in speed reading
Damage
Antenna - effect signal received
Cords - exposed wires
Inspection date of arrest?
(suck in antenna or diodes and amplify)
Location:
Microwave transmitters Radio, CB, Amateur base stations
e.g. KBPI ROCKS THE ROCKIES
Power lines - high voltage
Hospital, Doctor, Chiropractor, Dentist: X-Ray
Service Station, banks, business:
Neon or Fluorescent Light
Generators
ARC Welding Equipment
Routine procedure on/off plug in radar device
Self
Other officers
Procedure utilized by officer on/off when plug in radar device on date
of arrest
Round off vs. lop off by device; i.e.: 49.4 or 49.6 mph
Speed reported 49 or 50 mph
Sufficiency of evidence
Calibration by running another unit through zone of influence
Hearsay objection unless other officer present and testifies
Calibration of squad car speedometer
Tachometer and mechanic testimony required + maintenance records
Stop watch: WWV Bureau check (National Bureau - Boulder)
Radar device; same unit bootstrapping or another radar device
| ******************** |
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OPERATION AND USE
radar speed enforcement
-
Preferable to voir dire officer prior to
introduction of speed reading
Alternative: cross examination
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Visual estimate of speed of Defendant's vehicle
Reinforce lack of certification re visual estimation
Distance of Defendant's vehicle at estimation of speed
Length of time of observation prior to speed estimation
Obstructions to vision
Time of day of citation
Light or dark
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Weather date of stop
Rain, sleet, snow, blowing dirt/sand/debris
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Number of vehicles in each lane and each direction of travel
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Describe defendant's vehicle
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Describe other vehicles in proximity to Defendant's vehicle
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Audio (Speedgun 8, K-55, MR-7, MR99, HR-8, K-911)
On/Off
Volume
Doppler signal strength
Detection of interference or other vehicles
Describe sound
TV or Radio test pattern
pitch vary with speed of target
volume vary with speed of target
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Round off vs. lop off by device;
i.e.: 49.4 or 49.6
Speed unknown; insufficient evidence
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Identification of terms and effect on radar device:
Ghosting: weak signal or multiple bounce
Shadowing: beam bounce off reflective object (trunk) add patrol to D.
Low speed Combining: combine target & patrol in patrol window.
Multiple Bounce: i.e.. buildings in town
Panning: move stationary unit increase speed reading (stationary).
Batching: rapid acceleration/deceleration of radar car (moving mode).
radar device unable to interpret
Cosine Error: angle of antenna to target (stationary unit or mode).
45 Degree: 100 mph = 70 mph
30 Degree: 100 mph = 86 mph Aim 500'_750" = 5 Degree
20 Degree: 100 mph = 93 mph Lift.
10 Degree: 100 mph = 98 mph
Scanning: move stationary unit increase speed reading
arc = 2-3 mph "Quick Draw"
push =10 mph
Same as panning
Target Bumping
Same as batching
Feedback Effect: aim antenna at or across readout
window ==> high reading.
Interference: accidental false signal
Jamming: deliberate introduction of false signal
Own Speed Capture: Moving mode; own speed in patrol &
target window.
Beam shape
Wedge from antenna - angle?
NO: CIGAR SHAPE
How identify target if unaware of beam shape and targets in zone
Log of checks personal diary or journal
Target distance
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Accuracy
Maximum distance with accuracy
Minimum distance with accuracy
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Interference
Heater fan: false reading or shorten beam range
Power source: direct to car battery, cigarette lighter, portable
battery pack.
Cigarette lighter = engine & all electrical interference
Ignition alternator AC alternating current interference
Shielded cable from power source to battery: hearsay
engine & electrical interference *Panel instruments in in
patrol car.
Multiple cables twisted; antenna, power and remote control
Induction coil effect=increase speed reading
Damage to antenna: effect signal received
Damage to cords; exposed wires Inspection date of arrest
suck in antenna or diodes and amplify
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Location:
Microwave transmitters; radio, CB, Amateur base stations,
e.g.
KBPI
ROCKS THE ROCKIES
High voltage power lines: how does officer check effect
Hospital, doctor, dentist, chiropractors: X-ray
Service station, banks, business: Neon Fluorescent Light
Generators
Arc welding equipment
Effect of weather
Wind, rain, snow, blowing sand or debris
Buildings or reflective signs or burglar alarms
Around curve: bounce off power lines
Behind: bounce mirror
Area and traffic: size area and amount of traffic
position, mass, speed of other
Moving or stationary mode
Automatic lock: first speed exceed threshold entered
failure to release: improper speed for defendant.
Lock, automatic or manual
failure to release prior target reading - no relationship to defendant
inadvertent error (naturally)
"Out in front and nearest radar"
Target not always lead car: speed, position & mass
Experience at location
Number of times set up at specific location
Moving mode
Comparison patrol window to speedometer
Calibration of patrol car speedometer
hearsay unless mechanic
testifies
Repair of vehicle transmission or radar device
re-certification - Hearsay
Beam absorption - inaccurate patrol window reading (reduced)
Loose gravel, sand, tall grass
Moving grass, trees or "stationary objects" increase patrol
window.
IF UNAWARE OF LIMITATIONS OF RADAR, HOW DO YOU COMPENSATE?
Reason enforce prima facie speed
Conditions which rendered defendant's speed unreasonable & imprudent
or dangerous
Have Officer SPECIFY EXACT CONDITIONS - probably can't
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VASCAR
MEASUREMENT
OF SPEED |
I have defended vascar tickets against the Colorado State Patrol, but have not
seen vascar usage by any city po lice
or county deputy sheriff's.
Have you ever seen those broad white lines painted on the shoulder of the road
running perpendicular to the lane of travel? Ever wonder what they
are? Hello vascar.
Vascar usage:
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Typical - set up at a freeway
on-ramp or bridge
White marker lines are
easily visible to the officer
Freeway entrance ramps give
easy access to the target vehicle
Periodically chase
motorcycles may be placed further down the road
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Moving mode while the trooper is
traveling
Cruiser can be traveling the
same or opposite direction as the target vehicle
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Ever seen those signs
"Speed Monitored by Aircraft?" Hello vascar
Typically there is a chase
cruiser somewhere nearby
Vascar measures time and distance - the very definition of speed - tough to
defend this case. Here,
conversion
- speed to velocity, feet and
fractions of a second regarding entry / exit from the measured distance are
critical in cross-examination to attack the officer's / deputy's / trooper's
credibility and the actual measurement evidence of defendant's speed.
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Examination: Trooper "on the
sit"
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Training and experience with
unit
-
Training, experience and
certification re visual speed estimates
Can trooper produce a wallet
certification card?
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Markers
Initial marker measurement
Whether the trooper was
physically present
Whether the tape measure or
rolling tape was certified by the Colorado Dept. of Highways
Actual markers imbedded at
the time of measurement
Whether the trooper was
physically present when the markers were painted
Whether the paint markers
were properly placed upon the imbedded markers
Condition of paint -
visibility
Weather and road conditions
- visibility
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Trooper's location and
opportunity to observe
Interference or distraction
by other traffic or obstructions
Preferable to view scene
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Location of defendant's vehicle
as it entered measured zone
Vascar activation at front
bumper
Vascar activation at rear
bumper
Vascar activation by use of
vehicle shadows
Shadow produces more
accurate measure than use of vehicle body part
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Location of defendant's vehicle
as it exited measured zone
Vascar activation at front
bumper
Vascar activation at rear
bumper
Vascar activation by use of
vehicle shadows
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Trooper's reflexes
Actual time available to
activate depending upon alleged speed
Velocity computation to
obtain fraction of a second
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Using
velocity
computation,
elicit admissions as to effect of reflect error or visual error
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Calibration, maintenance and
repair of vascar unit
| ******************** |
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Examination: Trooper "on the
move"
-
Training and experience with
unit
-
Very similar to above, except
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Calibration of patrol vehicle
speedometer
see
hearsay objections and
mechanic's testimony in radar above
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Stationary objects chosen as
"measured distance" for vascar distance computation
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Shadow becomes more critical as
distances are usually short
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Shortened distance increases
speed error based upon reflex shortcoming or visual error
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PACE
CLOCK
MEASUREMENT
OF SPEED |
Pace clock is fairly common. The best defense is disqualification of
testimony based upon cruiser speedometer lack of certification or failure of
prosecutors to provide discovery prior to trial.
Examination
-
Cruiser speedometer calibration
Qualified mechanic using a
tachometer - insufficient foundation
Hearsay
objection unless
mechanic testifies and produces maintenance records
Officer may attempt to
testify cruiser was run through vascar or radar
Hearsay
objection unless
other officer present to testify
Officer's radar or
vascar qualifications, tuning fork(s), monitored speed
See radar and vascar
defenses - hearsay objections
Multiple levels of
hearsay regarding actual accuracy of measuring unit
Discovery objections if
documents were not produced prior to trial
Unless certified accurate,
the officer's testimony may likely be excluded
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Reasonable distance neither
gained nor lost distance between cruiser and defendant
Object to reasonableness of
distance - insufficient to establish reliable clock
Officer's judgment re
neither gained nor lost distance between vehicles
Examine on other traffic,
hazards or distractions
Examine on number of persons
in vehicle during transit vs. when stopped
Lack of attention to
detail or observation
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LASER
MEASUREMENT
OF SPEED |
To
my knowledge, no Colorado appellate case law has entered regarding admissibility of laser
evidence, however Colorado Springs Municipal Court has addressed the subject in
City
v. Gutierrez, 03 M 51426 (en banc Nov. 7, 2003). The court took
judicial notice of the scientific principles as applied to the LIDAR LTI 20-20
speed detection device. The court found the unit must be reliably
calibrated within a reasonable time both before and after its operation to
insure that it is functioning properly, and that this foundation may be laid
through 1) the display test, 2) the self test, 3) the scope alignment test and
4) the calibration verification test, accomplished either by the fixed test or
the delta distance test. The court ruled that it was satisfied beyond a
reasonable doubt in the
Gutierrez case that the LTI 20-20, when tested
according the manufacturer's specifications and when used by a properly trained
operator, is an effective, accurate and reliable method of ascertaining the
speed of moving vehicles.
Appellate case law regarding laser
unit evidence admissibility varies from one state to another.
I have not had a Colorado laser ticket proceed to trial and have not
researched the operational aspects of laser units. Lasers units can return a picture of the vehicle, including license plate and driver. Issue
may exist regarding external calibration or testing. If laser arises in a
case for which I have been retained, I would research operational aspects of the
unit, including but not limited to manufacturer specifications.
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ACCESS
TO RECORDS - DISCOVERY FIGHTS |
Every defendant wants
to know and needs to know the evidence which the prosecution has with which to
prove its case. The request and that information is called
discovery. If the case settles within parameters
acceptable to the defendant, limited discovery is generally
acceptable. e.g. copy of the summons and the law enforcement
officer's notes. If the case proceeds to trial, the standard discovery
provided by prosecutors is insufficient to prepare for cross-examination.
In County Court (state court), a discovery motion may be filed under C.R.Crim.P. 16. Municipal courts have very different discovery rules
In either court, prosecutors will resist discovery as it is time consuming and
the charge is slight. If charged as an infraction in state court, the
case will be set into Magistrate Court where the rules of discovery are
abhorrent.
Subpoena duces tecum is available in all courts. Depending upon the court
rules, possibly court approval will be required. So long as requested
items are relevant, the court can not deny.
Discovery may also be available:
CRS 24-72-201, et. seq. Colorado Open Records Act
CRS 24-72-301, et. seq. Colorado Criminal Justice Records Act
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SPEEDING TICKET
POTENTIAL
DEFENSES
caveat - more law is applicable - just a brief overview here |
In every charge of speeding, the summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
CRS 42-4-1101(5)
If
certain defects are contained in the summons and complaint, the case may be
subject to
jurisdictional
attack. e.g. Although not
a jurisdictional problem, one issue noted on the page is related to the above
paragraph. Failure to provide notice of
points
on the traffic infraction penalty notice (speeding tickets 24 mph over
the limit or less) will not affect the validity of initial charging or court case
disposition, however may be used by the defendant to
invalidate
points for DMV suspension, revocation or denial or may be used by the
defendant as a
collateral
attack in a
driving
under restraint criminal charge subsequently brought.
Defense seeks a problem with the traffic
engineer's survey, signage (notice), equipment malfunction or improper usage, or
attacks the credentials or credibility of the law enforcement officer or setup,
operation and use of speed measurement equipment identified above.
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Refer to Above Link Primary Website for More Detailed Information |
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We are all human -
periodically the law enforcement officer(s) make(s) an error on the summons.
Some errors are sufficient to deprive the court of jurisdiction to hear the
case. If an error exists, it may be worth making a big ta-do because it
may result in
dismissal
or a more favorable plea offer.
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Educational Classes
DUI * MIP * traffic safety *
petty theft * domestic violence * anger management * conflict resolution
Public Service - Victim Impact Panel
Alcohol or Drug Assistance - Mental Health - Safe House
DMV Forms - Colorado Accident Report - CSPD Accident Cold Report |
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INDEPENDENT SERVICE PROVIDERS |
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.
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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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traffic tickets may have an
impact upon a driver's license or privileges to drive in Colorado
I have
included links to numerous relevant topics of information |
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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. |
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| DMV - Address Change |
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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.
In Colorado Springs area:
DMV
Colorado Springs Regional Service Center
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State
of Driver's License Issuance - Colorado DUI stop - Seizure |
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Colorado License
If
DUI,
DEAC
or
DWAI
was charged in addition to
Hit and 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 |
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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 |
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SPEEDING TICKET DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney? |
Probably not.
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Unless combined with more serious alcohol charges of
DUI,
DEAC
or
DWAI,
or the driving under restraint charges of
DUS,
DUR
or
DARP or the charges grouped as
Hit and Run
or unless
points
will cause license loss or insurance
premiums will skyrocket, I generally suggest drivers not retain counsel for a
speeding ticket. Colorado Springs has enacted $10 per mile fine over the
limit, and negotiated cases carry fine based upon speed initially
alleged. "Sin Tax" to fill the city coffers, so it can
get a little expensive, but retaining counsel is usually not economically
justifiable unless insurance premium increase or license loss may be a factor. |
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a. Talking to a prosecutor or listening to a plea offer may be worthwhile before you spend the money on defense counsel.
Caveat: don't make admissions in the process of your negotiations - your
statements can be used for impeachment if the case proceeds to trial.
Also, don't alienate the prosecutor during negotiations.
b. Be aware, if you attempt negotiation
with prosecutors and fail, your efforts may cause harm. If you
intend to retain counsel, do so
before speaking to prosecutors. |
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If convicted of speeding, you may face increase in
your insurance premiums - probably over a period of 3 - 5 years. Contact your insurance company underwriters to learn more of the
potential consequence before you speak to prosecutors or decide whether or not
to hire an attorney. |
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ATTORNEY'S FEES AND COSTS
SPEEDING TICKET
DEFENSE |
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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.
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POTENTIAL
FEE QUOTE
SPEEDING
TICKET DEFENSE
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I generally offer hourly fees or a settlement flat fee.
Most speeding ticket 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. |
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trust deposit request
regarding fees & costs |
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PAYMENT |
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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.
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speeding
ticket defense
*
this
shall not constitute an offer, nor be construed as a binding
estimate |
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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. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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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 |
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Colorado Springs Attorney Robert D. Gustafson
common
quote - limited flat fee |
$650 |
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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 |
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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. |
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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. |
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*
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. |
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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. |
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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. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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| Thank you for considering my
services; I appreciate your inquiry. |
ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a lawyer links
provided as a courtesy |
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Attorney
Policies
Defendant
Pro Se - Attempt to Defend Own Case
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1.
Adequate Time. If sufficient time exists to adequately prepare your
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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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. |
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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 case. 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.
Please be aware, after
other counsel's withdrawal it may be
difficult for the the new attorney to "catch
up." |
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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 contested
court proceeding, 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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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED
SENTENCE REVOCATION * APPEALS |
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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. |
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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. |
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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.
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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. |
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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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Southern Colorado Area |
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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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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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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
September 30, 2009
no copyright claimed to images other than photograph and law office logo
Topical Website Initial Publication Date: January 22, 2004 - Republication Date:
May 24, 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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