








 | |
|
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 |
 |
|
|
| |
| |
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. |
|
|
|
|
|
POINTS ASSESSED
- COMMON
TICKETS
CRS 42-2-127
and Relevant Offenses
|
|
| |
|
|
|
|
| |
|
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
LOSS OF COLORADO DRIVING PRIVILEGES |
|
|
Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the District Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon final order in the District
Court, either party make take the case on appeal to the Colorado Court of
Appeals. Refer to links for additional information. |
|
ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
|
| |
|
|
| |
|
I
welcome representation inquiries however please refer to
first
consultation - the purpose is not to provide free legal advice to the
general public. Unless seeking to retain counsel, please do not email or
call. I do not provide legal opinions, answers or information in response
to questions submitted from non-clients. Given the scope of internet
accessibility I can not be the free "Colorado answer man" and will
politely decline. |
|
|
|
 |
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 |
|
|
|
| |
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. |
|
|
|
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 and Travel
CASES
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. |
|
|
|
|
|
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 |
|
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 |
|
|
|
|
|
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 |
|
 |
|
| |
|
GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
|
|
Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
October 07, 2008
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
|