COLORADO SPRINGS TRIAL LAWYER
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Colorado Springs speed contest defense, acceleration contests, exhibition of speed, CSPD targeting drag racing, Colorado Springs Attorney Robert D. Gustafson traffic defense trial practice 29 years, Colorado Springs, Colorado, speed contest, acceleration contest, exhibition of speed, exhibition of acceleration, police, officer, CSPD, Colorado Springs Police Department, court, lawyer, attorney, defense attorney, defense, El Paso County, Colorado Springs Municipal Court

CRS 42-4-1105. Speed contests - speed exhibitions - aiding and facilitating - immobilization of motor vehicle - definitions.
 
        (1)    (a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a highway.
                (b) For purposes of this section, "speed contest" means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prude speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other racing participants.
                (c) A person who violates any provision of this subsection (1) commits a class 1 misdemeanor traffic offense.
        (2)    (a) Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest exhibition on a highway.
                (b) For purposes of this section, "speed exhibition" means the operation of a motor vehicle to present a display of speed or power. "Speed exhibition" includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.
                (c) A person who violates any provisions of this subsection (2) commits a class 2 misdemeanor traffic offense.
        (3)    (a) Except as otherwise provided in subsection (4) of this section, a person shall not, for the purpose of facilitation or aiding or as an incident to any speed contest or speed exhibition upon a highway, in any manner obstruct or place a barricade or obstruction, or assist or participate in placing any such barricade or obstruction, upon a highway.
                (b) A person who violates any provision of this subsection (3) commits, pursuant to section 42-4-1703, the offense that the person aided in or facilitated the commission of. Nothing in this subsection (3) shall be construed to preclude charging a person under section 42-4-1703 for otherwise being a party to the crime or engaging in a speed contest or engaging in a speed exhibition.
        (4) The provisions of this section shall not apply to the operation of a motor vehicle in an organized competition according to accepted rules on a designated and duly authorized race track, race course or drag racing strip.
        (5)    (a) In addition to a sentence imposed pursuant to this section or pursuant to any other provision of law:
                        (I) Upon the second conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with he case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to fourteen days.
                        (II) Upon the third conviction for an offense specified in subsection (1) or (2) of this section, or any other crime, the underlying factual basis of which has been found by the court to include an act of operating a motor vehicle in violation of subsection (1) or (2) of this section, the court may, in its discretion, order the primary law enforcement agency involved with he case to place an immobilization device on the motor vehicle or motor vehicles so operated for a period of up to thirty days but more than fourteen days.
                (b) The period during which a motor vehicle may be fitted with an immobilization device pursuant to paragraph (a) of this subsection (5) shall be in addition to any period during which the motor vehicle was impounded prior to sentencing.
                (c) An order issued under this subsection shall state the requirements included in subsections (7) and (8) of this section.
                (d) For purposes of this section, "immobilization device" means a device locked into place of a wheel of a motor vehicle that prevents the motor vehicle from being moved. "Immobilization device" includes but is not limited to a device commonly referred to as a "traffic boot" or "boot".
        (6)    (a) Except as otherwise provided in subsection (9) of this section, a law enforcement agency that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of this section shall attempt to locate the motor vehicle within its jurisdiction. The law enforcement agency may, in its discretion, attempt to locate the motor vehicle outside of its jurisdiction.
                (b) Nothing in this subsection (6) shall be construed to:
                        (I) Prohibit a law enforcement agency from seeking the assistance of another law enforcement agency for the purpose of placing an immobilization device on a motor vehicle or removing the device in accordance with this section; or
                        (II) Require a law enforcement agency to expend excessive time or commit excessive staff to the task of locating a motor vehicle subject to immobilization under this section.
                (c) The time spent by a law enforcement agency in locating a motor vehicle in accordance with this subsection (6) shall not alter the immobilization period ordered by the court under subsection (5) of this section.
                (d) A law enforcement agency that places an immobilization device on a motor vehicle pursuant to this section shall affix a notice to the immobilized motor vehicle stating the information described in subsections (7( and (8) of this section.
                (e) A peace officer who locates or attempts to locate a motor vehicle, or who places or removes, or assists with the placement or removal of, an immobilization device in accordance with the provisions of this section shall be immune from civil liability for damages, except for damages arising from willful and wanton conduct.
        (7)    (a) The owner of a motor vehicle immobilized under this section shall be assessed a fee of thirty five dollars for each day the motor vehicle is immobilized and, except as others provided in paragraph (d) of this subsection (7), thirty five dollars for each day up to fourteen days after the immobilization period that the fee for the immobilization period is not paid. The owner shall pay the fee to the law enforcement agency that places the immobilization device on the motor vehicle.
                (b) The owner, within fourteen days after the end of the immobilization period ordered by the court, may obtain removal of the immobilization device by the law enforcement agency that placed it by requesting the removal and paying the fee required under paragraph (a) of this subsection (7).
                (c) The failure of the owner of the immobilized motor vehicle to request removal of the immobilization device and pay the fee within fourteen days after the end of the immobilization period ordered by the court or within the additional time granted by the court pursuant to paragraph (d) of this subsection (7), whichever is applicable, shall result in the motor vehicle being deemed an "abandoned motor vehicle", as defined in sections 42-4-1802(1)(d) and 42-4-2102(1)(d), and subject to the provisions of Part 18 or 21 of this article, whichever is applicable. The law enforcement agency entitled to payment of the fee under this subsection (7) shall be eligible to recover the fee if the abandoned motor vehicle is sold, pursuant to section 42-4-1809(2)(b.5) or 42-4-2108 (2) (a.5).
                (d) Upon application of the owner of an immobilized motor vehicle, the court that ordered the immobilization may, in its discretion, grant additional time to pay the immobilization fee required under paragraph (a) of this subsection (7). If additional time is granted the court shall notify the law enforcement agency that placed the immobilization device.
        (8)    (a) A person may not remove an immobilization device that is placed on a motor vehicle pursuant to this section during the immobilization period ordered by the court.
                (b) No person may remove the immobilization device after the end of the immobilization period except the law enforcement agency that placed the immobilization device and that has been requested by the owner to remove the device to which the owner has properly paid the fee required by subsection (7). Nothing in this subsection (8) shall be construed to prevent the removal on an immobilization device in order to comply with the provisions of part 18 or 21 of this article.
                (c) A person who violates any provision of this subsection (8) commits a class 2 misdemeanor traffic offense.
        (9)    (a) A law enforcement agency that is ordered to place an immobilization device on a motor vehicle pursuant to subsection (5) of this section shall inform the court at sentencing if it is unable to comply with the court’s order either because the law enforcement agency is not yet equipped with an immobilization device or because it does not have a sufficient number of immobilization devices. The court, upon being so informed, shall, in lieu of ordering immobilization, order the law enforcement agency to impound the motor vehicle for the same time period that the court initially ordered the motor vehicle to be immobilized.
                (b) If a motor vehicle is ordered to be impounded pursuant to paragraph (a) of this subsection (9), the provisions of subsections (6) to (8) of this section shall not apply.
        Effective Date:  July 1, 2006

        In case you didn't catch it on first read, the statute essentially provides for police impound lot sale of your vehicle if the owner doesn't timely request removal of the boot and pay the expensive immobilization fee.

10.5.107: SPEED CONTESTS

        A.  No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
        B.  No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7; Ord. 75-86; Ord. 01-42) 

1. Jurisdictional attack  - refer to link for information DUI case
           Attack the jurisdiction (power) of the court in the pending criminal case
           Jurisdictional attack may be an important concept in defense of any given eluding case

2. Lack of reasonable suspicion for initial attempted contact by the law enforcement officer

3. Lack of probable cause for warrantless arrest or seizure of the defendant's person

4. Color of authority - peace officer acting within course & scope of his or her employment.  

5. Unlawful extra-jurisdictional arrest

6. Defendant's admissions the result of undue influence, duress and coercion - due process violation

7. Defendant's admissions taken in violation of
           5th Amendment privilege against self incrimination
           6th Amendment right to legal counsel

8. Alleged offense did not occur on public roadway or highway? - yes, the defense works in drag racing cases

9. Driving
           A third person, not defendant, was driving a motor vehicle

10. Officer observations - what didn't he observe which a jury member might expect?  What was the officer's opportunity to observe? - lighting, time spent, temperature, etc.  

11. Officer credibility.  Experience with traffic enforcement and training, over concern with conviction statistics, a cop's cop or an average Joe doing a job, would the jury members want this particular officer stopping him / her?  Has the officer overstated his / her observations in relation to the driving behavior?  How well was the stop and investigation conducted?

12. Eluding is a factual determination based upon the circumstances of the case.  The case may turn upon factual argument - defendant's conduct & driving pattern and officer conduct.

13. Reasonable doubt - state proof beyond a reasonable doubt

14. Cloak of innocence and burden of proof upon state - beyond a reasonable doubt.  A defendant is not required to prove innocence - the state must prove guilt.

15. When all else fails:

16. Trial lawyer's adage:
            If the facts are on your side - pound the facts.
            If the law is on your side - pound the law.
            If neither the facts nor the law are on your side - pound the table !

CRS 16-13-303. Class 1 public nuisance.   State Statutes - CRS

        So far the state legislature has not enacted legislation regarding vehicle forfeiture on the basis of motor vehicle speed contest, acceleration contest or exhibition of speed or acceleration.  Based upon the fact drag racing appears to be a new target offense or "designer crime" and forfeiture appears in vogue, it is only a matter of time before drag racing results in motor vehicle forfeiture.  It's coming, folks - look at forfeitures regarding:
                1.  DUR - DARP  driving under restraint or driving after revocation prohibited - DUI underlying license loss
                2.  Forfeiture - Defense  -  prostitution & related sex offenses, gambling, drugs & paraphernalia, theft by receiving, hit & run with serious bodily injury or death, drive by crimes, crimes against the elderly
                3.  Felony vehicular eluding

        The state legislature has enacted legislation regarding vehicle immobilization, including expensive reimbursement to the law enforcement agency installing the boot and sale of the vehicle if not timely paid.  Effective 7/1/06 the legislature moved closer to forfeiture.  Legislative outright forfeiture may only be a matter of time.