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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
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Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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Page Index |
Site Index |
Consultation Terms |
Fees * Costs |
Directions |
Maps |
Travel * Trade Area |
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COLORADO SPRINGS RECKLESS DRIVING DEFENSE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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Colorado Springs Reckless Driving Defense - Colorado
Springs defense attorney, speeding, radar, vascar, laser, pace clock,
weaving, Colorado Springs Municipal Court, El Paso County Court, ticket,
traffic defense, Colorado Springs, Colorado, reckless driving, defense,
ticket, Colorado Springs defense attorney, speeding, radar, vascar, laser,
pace clock, weaving, DMV, points, Colorado Springs Municipal Court, El
Paso County Court, traffic defense, court, attorney, lawyer, CSPD,
Colorado Springs Police, Colorado State Patrol |
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RECKLESS DRIVING
MAJOR TRAFFIC OFFENSE
8
Points |
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IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic offender
statute.
Refer to
Habitual
Offender page for more information regarding 5 year license loss.
Refer to
Driving
Under Restraint page regarding possible felony consequences for
driving thereafter.
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CRS 42-4-1401. Reckless driving -
penalty
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of
CRS 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment. |
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State Court Possible Penalties
- First Offense
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Adult |
Minor |
| Jail |
10 - 90 days |
10 - 90 days |
| Fine |
$10 - $300 |
$10 - $300 |
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Points - not applicable to bicycle or
motorized bicycle |
8
Points |
8
Points |
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State Court Possible Penalties
- Second+ Offense
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Adult |
Minor |
| Jail |
10 days - 6 months |
10 days - 6 months |
| Fine |
$50 - $1,000 |
$50 - $1,000 |
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Points
- not applicable to bicycle or
motorized bicycle |
8
Points |
8
Points |
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| When the alleged speed is
excessive, reckless driving
may be charged in conjunction with
speeding
tickets. |
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Colorado |
EL PASO COUNTY DISTRICT ATTORNEY POLICY |
State Court |
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A reckless driving ticket may be based solely upon
speeding allegations. |
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As of August, 2010 the El Paso County DA
Office adopted a policy as follows regarding 6 point speeding offenses charged
as 25 - 39 mph over the limit. Prosecutors will agree to reduce 6
point speed to a 4 point traffic infraction speed upon proof of completion
of Level 2 traffic safety class. Early
completion of a
traffic safety class,
public service or mitigating
factors such as long term clean driving record are irrelevant - no DDA
discretion is exercised. Reckless driving is a major traffic
offense for habitual offender purposes, adds a layer of complexity
to speeding allegations and increases likelihood of trial. If that DA Office policy of
4 point speeding conviction disposition is
unacceptable to you as a driver and you plan to retain counsel, plan on a
jury trial with attendant quote of
trial fees & costs which would be
payable at the time retained. DDA may stand upon a 6 or 12 point
speeding conviction in plea negotiations; prosecution policy became
more difficult in 2010. Refer to link for
Colorado Traffic Interstate Compact
information. |
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Defense attorneys didn't create this speeding
charge rigid
policy - it belongs wholly to the
El Paso County District Attorney Office.
prosecution's policy
applies to transients, tourists and residents alike **
welcome to Colorado and
to the Pikes Peak
Region |
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TRIAL FEES AND COSTS |
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RECKLESS DRIVING
MAJOR TRAFFIC OFFENSE
8
Points |
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IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic offender
statute.
Refer to
Habitual
Offender page for more information regarding 5 year license loss.
Refer to
Driving
Under Restraint page regarding possible felony consequences for
driving thereafter.
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10.6.101: Reckless Driving
It shall be unlawful for any person to drive any vehicle in this City in
willful or wanton disregard for the safety of persons or property. (1968 Code §6-6-1; Ord. 75-86; Ord. 88-151; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 -
10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
8
Points |
8
Points |
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NOTE: The previous
version of the Colorado Springs Ordinance (22-6-101) contained a provision that
speeding 55 mph or more in zone of 35 mph or less was prima facie evidence of
reckless driving. In cases of such speed,
CSPD Officers who have been
around awhile may be more likely to charge reckless driving and will more likely
set the case into Municipal Court - the old ordinance created a permissive
presumption for conviction. The presumption is now gone, but memory
persists. |
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Unless the defendant can challenge reasonable suspicion for the initial
contact, frequently the case turns upon factual argument. Reckless
driving is usually charged in cases of excessive
speed, especially when combined
with weaving in and out of traffic. It's frequently charged in connection
with a DUI case or a younger driver feeling his oats, and it's not
uncommon a motorcycle was being driven. Reckless driving is more likely to
be charged today than years past due to the proliferation of cell phones and road rage -
a driver got somebody royally pissed off and the other driver called you in. |
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Driving on private property, not a public roadway? doesn't matter - not a
defense |
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refer to above link for more detailed information |
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We are all human -
periodically the law enforcement officer(s) make(s) an error on the summons.
Some errors are sufficient to deprive the court of jurisdiction to hear the
case. If an error exists, it may be worth making a big ta-do because it
may result in
dismissal
or a more favorable plea offer. |
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WHAT
IS THE DIFFERENCE
BETWEEN CARELESS DRIVING & RECKLESS DRIVING? |
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Reckless Driving. One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result.
Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972).
One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). This means
careless driving is a "lesser included offense" of reckless driving,
and if charged with reckless, a defendant may request a jury instruction on
careless. Reckless driving is a "lesser included offense of vehicular
eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997).
Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety.
People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977).
The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing.
id.
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LOSS OF COLORADO
DRIVING PRIVILEGES |
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Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the
District
Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon District Court final order, either party make take the case on appeal to the
Colorado Court of
Appeals. |
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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 |
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Under Colorado law, if the insurance information
of a driver was not included in a law enforcement traffic accident report,
an on-line State of Colorado Accident Report must be submitted to the
Colorado DMV
within 10 days of an accident. CRS 42-4-1609 If the accident occurs
within the City of Colorado Springs and an officer does not respond or
complete an accident report, a
CSPD
Accident Cold Report is due
within 72 hours. Also by statute, statements by a
driver in the accident report may not be used in conjunction with any court
proceedings, criminal or civil, except that the DMV may disclose the identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his or her presence at such
accident. CRS 42-4-1610, CRS 42-7-504. Refer to link in above box for DMV
on-line accident report and Colorado DMV forms. The primary
purpose of filing the accident report is to comply with state law, and to
provide evidence of insurance on the vehicle - thereby avoiding an
FRA
suspension. If
hit & run,
an
alcohol traffic offense
such as DUI, DEAC, DWAI or
MIP
or
driving under restraint charges are alleged, a driver should consult with his or her defense attorney
regarding exercise of constitutional privileges before making any oral or
written statement. |
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RECKLESS DRIVING DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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Probably time to loosen the pocket book and
hire a
defense attorney.
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Reckless driving is
another story - it is 8
points
and a major offense for habitual offender purposes + likely large
insurance premium increase or potential cancellation.
You may retain my services or the services
of another attorney, but hire defense counsel.
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If convicted of
reckless driving, a driver could anticipate significant increase in 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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At the time of the first visit, a prospective
client will be given a quote for fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Fee quote and costs
trust deposit is dependent upon the facts and circumstances of each individual
case. Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
settlement flat fee with trailing trial flat fee 3) trial flat fee only
4) hourly fees or flat fee at client's discretion. Attorney determines
options to be offered. Litigation costs are not included in fees -
client's obligation. 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. Refer to:
a)
first
consultation b)
attorney fees * costs * billings page
c) additional
information.
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POTENTIAL FEE
QUOTE
RECKLESS DRIVING DEFENSE |
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TRIAL
FLAT FEE |
$3,500 |
| settlement fee
previously paid would be
deducted |
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hourly fees may be less than offered
flat fees, however are not capped and more likely may exceed offered
flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to
retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments * full payment is
due at time attorney is retained *
major charge cards accepted |
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RECKLESS DRIVING DEFENSE
State Court or
Municipal Court
TRIAL OR CONTESTED
PROCEEDINGS
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
settlement attorney fees paid would be
deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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| * this shall not
constitute an offer, nor be construed as a binding estimate |
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use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR CREDIT CARDS
ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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Potential Expenses |
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Price |
Background Search
- cost per person searched - client and alleged victim |
| 10.00 |
Accident
Report |
| 20.00 |
Offense
Report |
| 10.00 |
DA
Office
discovery packet -
estimate (actual may be more or less) |
| 25.00 |
State
court jury deposit - C.R.Crim.P. 23, CRS
16-10-109 (non-refundable except by acquittal) |
| 10.00 |
Court records search
& copy costs (actual may be more or less) |
| 10.00 |
Copy expense at
courthouse for prior offense files (estimate - may vary) |
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Varies |
Traffic Safety Class |
| 75.00 |
Public
Service supervision fee |
| 37.50 |
OJW fee to
court
(outstanding judgment warrant) -
anticipating Integral Recoveries collection agency costs |
| 95.00 |
DMV reinstatement fee |
| 4.40 |
DMV clearance letter - certified copy
of Colorado driving abstract |
| 500 -
1,500.00 |
Private Investigator
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 |
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$3 per page |
Transcriptionist - law
enforcement 911 / dispatch audio files & investigator interview audio
recordings if relevant |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside El Paso County |
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if an accident was
involved, it may be prudent to retain an accident reconstruction expert |
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Given allegations of reckless driving,
it would be prudent to place law enforcement 911 *
dispatch tapes and records, plus other
law enforcement
records under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records. |
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
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REVOCATION
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DENIAL |
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Colorado Springs Attorney Robert D. Gustafson
common quote -
limited flat fee |
$750 |
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not applicable to
habitual traffic offender
license
revocation hearing
this shall neither constitute an offer, nor be
construed as a binding estimate
DMV limited flat fee would be dependent upon the
facts and circumstances of the case |
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A DMV limited flat fee would likely be
offered. Additional hours necessitated by
continuance requested by police or by subpoena procurement are billed at
hourly rates. A client may retain the attorney's services in a DUI or
traffic criminal case without asking for
assistance at
DMV
proceedings. Attorney does not undertake representation in
DMV
proceedings until the DMV limited flat fee has been paid, and full payment is required
at least *seven (7) days in advance of hearing. Fees beyond the DMV limited
flat fee would be
unusual. |
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Attorney will initially
make an option offer of 1.) billing to be upon hourly fees, or in the
alternative, 2.) quote of a hearing flat fee per above. Offered
fee options will be up to the client, however client's initial election will be
final. Hourly fee billings are based solely upon time, and may be more
or less than the offered flat fee. Hourly fees are not capped at
the limited flat fee. Attorney reserves the right to quote hourly fees only without a
flat fee offer. Attorney
reserves the right to decline any case. |
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Applicable case law, statutes, rules of civil
procedure, and Department of Revenue or Department of Health regulations
contain mandatory time constraints, are complex and are generally
unfavorable to the driver. The above
7 day hiring limitation is based solely upon client control over fees
paid at time attorney is retained in the criminal case and upon
avoidance & resolution of attorney calendar conflicts.
Prospective clients are notified 7 days is insufficient time to prepare
an adequate license hearing defense which involves DMV discovery or DOR
issuance of subpoena (compelling testimony) or subpoena duces tecum
(compelling testimony & production of documents or evidence).
Delay in retaining attorney may prejudice the defense. Whether the
underlying basis is alcohol related or not, time is critical in DOR hearings
regarding suspension, revocation or denial of Colorado driving
privileges. |
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DOR
hearing fee Estimate Caveats.
If
collateral attack is required, the
attorney would need to know more about the number and locations of
underlying court cases to be attacked before offering a DOR hearing
fee.
Legal research and research time
would increase the estimates. |
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| ******************** |
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| Thank you for considering my
services; I appreciate your inquiry. |
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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 |
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| please feel free
to call or email if you are a client or are seeking representation |
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email counsel |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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PRIMARY WEBSITE |
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| GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
January 30, 2012
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: February
29, 2004 - Republication Date: May 24, 2006
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Serving Colorado Springs
Area Zip Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |
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