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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

COLORADO DMV POINTS
COLORADO SPRINGS TRAFFIC DEFENSE
 WELCOME
I appreciate your interest
perhaps I will become your attorney
COLORADO DMV POINTS
Colorado DMV Points - Colorado Traffic Tickets - Colorado point system
points assessed against Colorado driver license or Colorado driving privileges - common traffic tickets

Colorado State Courts - Colorado Springs Municipal Court - Colorado DMV / DOR Hearings - Attorney 25+ Years Trial Practice
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
COLORADO POINT SYSTEM COLORADO POINTS COMMON TICKETS

FACTORS AFFECTING POINT ASSESSMENT

EARLY PAYMENT POINT REDUCTION
STATE COURT PENALTY ASSESSMENT
EARLY PAYMENT POINT REDUCTION AUTHORITY
MUNICIPAL COURT PENALTY ASSESSMENT
PENALTY ASSESSMENT POINTS
PERSONAL SERVICE REQUIREMENT
NO POINTS ASSESSED
AUTOMATED TRAFFIC CAMS
COLORADO DRIVER LICENSE DEFENSE
OTHER TRAFFIC DEFENSE OTHER CRIMINAL DEFENSE
LEGAL RESEARCH ACCOUNTING
ATTY - CLIENT DOCS ALTERNATIVES
NOTICE-DISCLAIMER ADVICE BY LAYMEN

ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel

No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, and attorney is not the phone company 411 center for telephone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline requests of this nature.

Speeding tickets occur across Colorado - please refer to travel. Travel Policies & Trade Area *  Itemized Expenses *  Colo Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

TRAFFIC DEFENSE

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

POINT SYSTEM
CRS 42-2-127
DOR Point Suspension Regulation and Probationary License Regulation
Colorado uses a point system to suspend driving privileges
If you accumulate the following points, Colorado license or driving privileges will be suspended
 
 

PERIOD COVERED - POINTS CAUSING SUSPENSION

DRIVER CLASSIFICATION

AGE

12 MONTHS

24 MONTHS

PERIOD LICENSE ISSUED

Adult

21 and over

12

18

n/a

Provisional

18 - 21

9

12

14

Minor

16 - 18

6

n/a

7

 

 

 

12 MONTHS

24 MONTHS

48 MONTHS

Chauffeur

n/a

16

24

28

Chauffeur Information

chauffeur additional point allowance not applicable if any points are alcohol related or leaving the scene of an accident  CRS 42-2-127(1)

******************** ******************** ********************

Regarding points which are the basis for suspension.  If any such points were incurred outside the course & scope of employment, driver is not entitled the additional points granted under the chauffeur exception.  Edwards v. Motor Vehicle Div., 33 Colo. App. 382 (1974), Michels v. Motor Vehicle Div of Dept. of Revenue, 32 Colo. App. 106, 506 P.2d 1243 (1973).  Put another way, all points must be job related or the driver will fall under the normal point system - minor, provisional or adult.

 

COLORADO DOR / DMV COLORADO DRIVING RECORDS NATIONWIDE DRIVING RECORDS
 

POINTS ASSESSED - COMMON TICKETS
CRS 42-2-127 and Relevant Offenses

if you are a driver licensed outside of Colorado & are wondering about reporting to your home state, refer to
INTERSTATE COMPACT

 
OFFENSE / INFRACTION - refer to links for defense information POINTS ASSESSED SPEED OVER LIMIT
DUI 12 n/a
DEAC 12 n/a
DWAI 8 n/a
Reckless Driving 8 n/a
Careless Driving 4 n/a
Weaving (roadways laned for traffic) 3 n/a
Speeding 0 1- 4 mph over limit
Speeding 1 5-9 mph over limit
Speeding 4 10-19 mph over limit
Speeding 6 20-39 mph over limit
Speeding 12 40+ mph over limit
Speeding - special hazard 3 variable- failure reduce speed
Speed contest or drag racing 12 n/a
Exhibition of speed 12 n/a
Aiding or Facilitating Speed Exhibition circumstances - 12 or 5 n/a
Hit and Run 12 n/a
Eluding police - vehicular eluding 12 n/a
Stop sign or stop light 4 n/a
Failure to stop for school bus 6 n/a
No Operator's License - 1st offense 3 n/a
No Operator's License - subsequent 6 n/a
Compulsory Insurance 4 n/a
 

FACTORS
AFFECTING POINT ASSESSMENT
CRS 42-2-127
 

STATE COURT PENALTY ASSESSMENT
POINT REDUCTION - EARLY PAYMENT

CRS 42-2-127(5.5)

If a person receives a penalty assessment notice for a violation under section 42-4-1701(5) and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows:

Early Payment 2 Point Reduction

(a) For a violation having an assessment of three or more points under subsection (5) of this section, the points are reduced by two points;

Early Payment 1 Point Reduction

(b) For a violation having an assessment of two points under subsection (5) of this section, the points are reduced by one point. 

MUNICIPAL COURT PENALTY ASSESSMENT
POINT REDUCTION AUTHORITY - EARLY PAYMENT

CRS 42-2-127(5.6)

(a) Any municipality may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the municipality pursuant to counterpart municipal ordinances. Whenever a municipality reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.
(b) Any county may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the county pursuant to counterpart county ordinances. Whenever a county reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.

COLORADO SPRINGS MUNICIPAL COURT
HAS
NOT ADOPTED EARLY PAYMENT POINT REDUCTION
a driver will not receive point reduction for traffic ticket early payment in Colorado Springs Municipal Court
appearance in court and negotiation with an assistant city attorney may result in point reduction, but
early payment => full points

PERSONAL SERVICE REQUIREMENT
PENALTY ASSESSMENT POINTS

CRS 42-2-127(5.7)

Notwithstanding any other provision of the statutes to the contrary, if a penalty assessment for a traffic infraction is not personally served on the defendant or the defendant has not accepted the jurisdiction of the court for such penalty assessment, then the traffic infraction is a class B traffic infraction and the department has no authority to assess any points under this section upon entry of judgment for such traffic infraction.

AUTOMATED TRAFFIC CAMS
NO POINTS ASSESSED

CRS 42-2-127(5.8)

Notwithstanding any other provision of this section, the department may not assess any points for a violation if such assessment of points is prohibited under section 42-4-110.5(3).  Note - this statute is identified as automated vehicle identification systems - this is the traffic cam system used to issue traffic tickets.

 


 
 
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.


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.

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.

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.

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.

 
 
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.

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
Teller County Cripple Creek / Woodland Park

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

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

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

PRIMARY WEBSITE

HOMEPAGE  

   DUI & TRAFFIC GATEWAY
 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

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

MAJOR SEARCH ENGINES

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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

   

Serving Colorado Springs Area Zip Codes

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

Colorado DMV points, Colorado, points, license points, points against license, Colorado DMV, Colorado DOR, Colorado traffic tickets, traffic ticket, conviction, deferred sentence, Colorado driver license, Colorado driving privileges, suspension, revocation, denial, suspension hearing, adult, provisional driver, minor driver, CDL, commercial driver license, chauffeur




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