COLORADO SPRINGS TRIAL LAWYER experienced and professional attorney - 29 years private practice in Colorado state and municipal courts
ROBERT D. GUSTAFSON ATTORNEY AT LAW 6538 Charter Drive Colorado Springs, CO 80918-1335 Phone (719) 260-1002 Fax (719) 260-1003  *  Toll Free (800) 410-1002	TRAFFIC DEFENSE LAWYER Colorado Springs, Colorado   Attorney Vita Business Hours WELCOME I appreciate your interest perhaps I'll become  your attorney Email Attorney
HomePage Index First Consultation Terms Client Documents Directions Maps Travel * Trade Area * Courts COLORADO SPRINGS SPEEDING TICKET DEFENSE Colorado Springs, El Paso County, Colorado Pikes Peak Region  *  Surrounding Colorado Counties  *  Southern Colorado  *  Front Range  *  Continental Divide  *  Eastern Plains

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   STATE COURTS County Court  *  El Paso County Colorado   Proceedings Infraction Offense Sentencing Traffic Infraction  Early Payment Point Reduction Point Structure Points Assessed Driving Records License Defense DMV Forms DMV Addresses Self Help Research Colorado Statutes Travel Time & Mileage Attorney Fees & Costs

SPEEDING TICKET DEFENSE   SPEEDING 10.5.101 - 10.5.110   TRAFFIC OFFENSE   Colorado Springs MUNICIPAL COURT   Muni Court Proceedings Offense Sentencing Muni Offense NO Early Payment Point Reduction Point Structure Points Assessed Driving Records License Defense DMV Forms DMV Addresses Legal Research Municipal Ordinance * Code Attorney Travel Attorney Fees & Costs

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?

MUNICIPAL COURT TRAFFIC OFFENSE NO Early Payment Point Reduction Colorado Springs Municipal Court Possible Penalties Adult Minor Jail 10 - 90 days  0 - 10 days Fine  $10 - $500 $10 - $500 Points against Colorado Driving Privileges 1- 12 Points 1 - 12 Points

Colorado Springs Municipal Court has NOT adopted early payment point reduction early payment will result is assessment of full points charged

SPEEDING County Court  *  El Paso County Colorado COLORADO STATE LAW multiple sections may have been omitted or summarized for brevity - refer to link for full text DEFINITIONS - COLORADO STATE COURTS State Court Proceedings - Traffic Infractions State Court Proceedings - Traffic Offenses synopsis of how cases progress through the court system

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.

Maximum Lawful Speed

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

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

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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SPEEDING COLORADO SPRINGS MUNICIPAL ORDINANCES Colorado Springs - Municipal Court   Municipal Court Proceedings - Traffic Offenses synopsis of how cases progress through the municipal court system attorney notation: multiple sections may have been omitted or summarized for brevity - refer to ordinances for full text

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) 

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) 

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.

1. 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.

2. 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.

3. 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.

4. Therefore, one must be able to convert miles per hour into feet per second.

Conversion
Velocity to Speed
Feet Per Second To Miles Per Hour

Example	66 ft per sec = 66 x 3,600 / 5,280 = 45 mph exactly or
	66 feet per second = 66 x 0.682 = 45.0 mph approximately

Rough estimates: miles per hour is two thirds of feet per second

Example	two thirds of 66 feet per second is 44 miles per hour approximately or
	66 feet per second = 66 x 2 = 132 / 3 = 44.0 mph approximately
	66 feet per second = 66 x 0.682 = 45.0 mph approximately

Multiplying by 2/3 (0.6667) is roughly the same as dividing by 1.5

Example

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

1. 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.

2. Target Bumping: Same as batching.

3. 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.       

4. Own Speed Capture: (Moving mode only) Patrol and target speed identical in the absence of a target vehicle.

5. 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.

6. 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.

7. 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)

8. 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.

9. Interference: Accidental introduction of a false signal into a radar may be natural or man made in origin.

10. Jamming: Deliberate introduction of a signal to cause a false radar reading or to prevent any reading at all from being displayed.

11. 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.)

12. 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

1. Preferable to voir dire officer prior to introduction of speed reading
           Alternative: cross examination

2. 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).

3. 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.

4. Maintenance and recalibration
           Exact nature of repair.
           Dates of repair
           Dates of recalibration - preferably within 6 months
           Identity and qualification of technician
           Hearsay objection

5. 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

6. 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
   Improper harmonics	{__}	Proper harmonics	|
   	|		|

               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

7. 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

8. Damage 
           Antenna - effect signal received
           Cords - exposed wires 

9. Inspection date of arrest?
           (suck in antenna or diodes and amplify)

10. 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

11. 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

12. Round off vs. lop off by device; i.e.: 49.4 or 49.6 mph
            Speed reported 49 or 50 mph
            Sufficiency of evidence

13. Calibration by running another unit through zone of influence
            Hearsay objection unless other officer present and testifies

14. 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

        I have defended vascar tickets against the Colorado State Patrol, but have not seen vascar usage by any city police 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:

1. 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

2. Moving mode while the trooper is traveling 
           Cruiser can be traveling the same or opposite direction as the target vehicle

3. 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"

1. Training and experience with unit

2. Training, experience and certification re visual speed estimates
           Can trooper produce a wallet certification card?

3. 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

4. Trooper's location and opportunity to observe
           Interference or distraction by other traffic or obstructions
           Preferable to view scene

5. 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

6. 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

7. Trooper's reflexes
           Actual time available to activate depending upon alleged speed
           Velocity computation to obtain fraction of a second

8. Using velocity computation, elicit admissions as to effect of reflect error or visual error

9. Calibration, maintenance and repair of vascar unit

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Examination: Trooper "on the move"

1. Training and experience with unit

2. Very similar to above, except

3. Calibration of patrol vehicle speedometer
           see hearsay objections and mechanic's testimony in radar above

4. Stationary objects chosen as "measured distance" for vascar distance computation

5. Shadow becomes more critical as distances are usually short

6. 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 

1. 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

2. 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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TRAFFIC CAMERAS   "Smile !!! ..... You're on Candid Ticket"

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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.

JURISDICTIONAL ATTACK Refer to Above Link Primary Website for More Detailed Information

        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.

Officer Failure to Issue (Sign)	Failure to Serve Summons
Identification Error	Arrest or Obtain Promise to Appear
Failure to Timely File	Statutory Citation Error
20 Days Notice - Alcohol Offenses	30 Days Notice - Infractions
Appearance Date When Court Not Open	Appearance Date - Year Blank
Appearance Precedes Summons	In Futuro - Offense Alleged Future Date
No Date of Offense	Failure to Join in Single Prosecution
Statute of Limitations	Alleged Offense within Venue
Other Jurisdictional Arguments	Other Arguments

REMEDIAL LINKS 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, attorney utilizes 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 protected and bound by the attorney-client privilege and the attorney work product doctrine.  If retained privately by the client, no such agency or confidentiality exists.

PROCESS SERVICE PRIVATE INVESTIGATION LABORATORIES TRANSCRIPTION

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

traffic tickets may have an impact upon a driver's license or privileges to drive in Colorado I have included links to numerous relevant topics of information

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

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

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

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

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

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

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

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

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

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

State of Driver's License Issuance - Colorado DUI stop - Seizure Colorado License         If DUI, DEAC or DWAI was charged in addition to Hit 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 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?
Do I need an attorney?	Probably not.
	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.
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.
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   TRAFFIC CRIMINAL CHARGE   LICENSE SUSPENSION HEARING

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

POTENTIAL FEE QUOTE SPEEDING TICKET DEFENSE HOURLY FEE RATE SETTLEMENT FLAT FEE deduct from trial flat fee $650    TRIAL FLAT FEE deduct settlement fee $2,750   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.  TRUST DEPOSIT REQUEST trust deposit request regarding fees & costs
PAYMENT Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.
Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT $     650    $       75      settlement common trust deposit request including attorney's fees & litigation costs - excluding travel map * travel policy - time & expenses * travel rates settlement trust deposit would be deducted from trial trust deposit   OR $  725*     Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT $        2,750   $           500     trial common trust deposit request including attorney's fees & litigation costs - excluding travel Additional cost deposit may be requested as trial preparation proceeds & anticipated litigation expenses solidify map * travel policy - time & expenses * travel rates settlement trust deposit would be deducted from trial trust deposit $3,250*     speeding ticket defense * this shall not constitute an offer, nor be construed as a binding estimate
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client generic costs relevant to any traffic * criminal action generic costs relevant to any litigation e-Filing availability and court mandatory requirements litigation costs fluctuate - not within attorney control costs change & below cost information may be obsolete COLORADO STATE COURT WEBSITE link to Colorado Judicial Branch website -  current costs COLORADO STATE COURT COSTS CRIMINAL & TRAFFIC COURT COSTS County Court CRIMINAL COSTS District Court CRIMINAL COSTS
Price   Client Background Search Varies   DMV Out of State Driving Record 10.00   Accident Report 20.00   Offense Report 10.00   DA Office discovery packet - estimate (actual may be more or less) 25.00   State court jury deposit C.R.Crim.P. 23, CRS 16-10-109 (non-refundable except by acquittal) 10.00   Local court archive records search fee (actual may be more or less) 10.00   Court records search & copy costs (actual may be more or less) 30.00   OJW fee to court (outstanding judgment warrant) 2.20   DMV admin hold release fee (OJW - outstanding judgment warrant) 500.00   Private Investigator initial retainer - if relevant - investigator Dave Glenn utilized by attorney      variable based upon number of witnesses to interview 200.00   Law enforcement 911 / dispatch records, tapes & transcript - widely variable 200.00   Subpoena process service expense - depends on number of subpoenas issued Varies   On-line legal research - dependent upon issues requiring legal research, if any Rates   Travel time and expenses if the case is outside Colorado Springs
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

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

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FIRST CONSULTATION ACCOUNTING STRUCTURE HOURLY FEES COSTS FLAT FEE - DEFINITION SETTLEMENT PHASE SETTLEMENT FLAT FEE CONTESTED PHASE TRIAL FLAT FEE FLAT FEES - PHASES EARNED HOURLY vs FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES FEES & COSTS SECURITY TRUST ACCOUNT WITHDRAWAL - TERMINATION CLIENT DUTY TO DISCLOSE OMISSION  NON-DISCLOSURE ALTERNATIVES ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
Thank you for considering my services; I appreciate your inquiry.

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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.   COURTS IN OTHER COUNTIES TRAVEL  RATES & COSTS ITEMIZED TRAVEL TIME  *  MILEAGE  *  EXPENSE Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are from out of state or are unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing. Colorado MAP MUNICIPAL COURTS Southern Colorado Area If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case. COUNTIES CITIES / TOWNS El Paso County Colorado Springs / Manitou Springs / Fountain Chaffee County Salida I welcome new cases.  Intent is not to be harsh or to discard potential new business, but to be practical. Crowley County Ordway Custer County Westcliffe Metro Denver Area Douglas County Castle Rock COUNTIES CITIES / TOWNS Elbert County Kiowa / Simla City and County of Denver Denver Fremont County Canon City / Florence / Penrose Adams County Brighton Thornton Federal Heights Huerfano County Walsenburg Arapahoe County Littleton / Centennial / Englewood Las Animas County Trinidad Arapahoe County - East Aurora Lincoln County Hugo (county seat) / Limon Broomfield County Broomfield Otero County La Junta Gilpin County Blackhawk / Central City Park County Fairplay Jefferson County Golden / Wheat Ridge Pueblo County Pueblo FIND A LAWYER ALTERNATIVES Teller County Cripple Creek / Woodland Park

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Robert D. Gustafson Attorney At Law Colorado Springs, Colorado Phone (719) 260-1002 Fax (719) 260-1003 Toll Free (800) 410-1002 Surrounding Area MUNICIPAL COURTS SPEEDING TICKET DEFENSE TRAVEL TIME & MILEAGE Billed Outside El Paso County Southern Colorado Colorado Springs Municipal Court Municipal Court - Colorado Springs Colorado Calhan Municipal Court Municipal Court - Calhan Colorado Canon City Municipal Court Municipal Court - Canon City Colorado Castle Rock Municipal Court Municipal Court - Castle Rock Colorado Cripple Creek Municipal Court Municipal Court - Cripple Creek Colorado Florence Municipal Court Municipal Court - Florence Colorado Fountain Municipal Court Municipal Court - Fountain Colorado Manitou Springs Municipal Court Municipal Court - Manitou Springs Colorado Palmer Lake Municipal Court Municipal Court - Palmer Lake Colorado Pueblo Municipal Court Municipal Court - Pueblo Colorado Simla Municipal Court Municipal Court - Simla Colorado Woodland Park Municipal Court Municipal Court - Woodland Park Colorado Metro Denver Area Denver City & County Traffic Court Traffic Court - Denver Colorado Denver City & County Criminal Court Criminal Court - Denver Colorado Aurora Municipal Court Municipal Court - Aurora Colorado Brighton Municipal Court Municipal Court - Brighton Colorado Broomfield Municipal Court Municipal Court - Broomfield Colorado Centennial Municipal Court Municipal Court - Centennial Colorado Englewood Municipal Court Municipal Court - Englewood Colorado Federal Heights Municipal Court Municipal Court - Federal Heights Colorado Golden Municipal Court Municipal Court - Golden Colorado Littleton Municipal Court Municipal Court - Littleton Colorado Sheridan Municipal Court Municipal Court - Sheridan Colorado Thornton Municipal Court Municipal Court - Thornton Colorado Wheat Ridge Municipal Court Municipal Court - Wheat Ridge Colorado Municipal Ordinances & Codes Colorado Model Traffic Code Denver Travel Time & Mileage Colorado Springs Attorney           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.           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.     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 ATTORNEY CONTACT  **  PRIVACY Confidentiality & Privacy Policy email, and cordless, wireless or cell phones   thank you for visiting my webpage your interest in my services is appreciated 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   Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount email counsel   FREE INITIAL CONSULTATION not an offer for free legal advice - refer to link attorney is a sole practitioner with need to manage his caseload attorney reserves the right to decline any legal matter

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

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Topical Website Copyright © 2003 - All Rights Reserved - Document Revised March 29, 2010 mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images Topical Website Initial Publication Date: January 22, 2004 - Republication Date: May 24, 2006

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

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