Colorado Driving Under Restraint - DUR - Colorado Springs Attorney Robert D. Gustafson

Travel Time & Mileage

Attorney Fees & Costs

State Court Traffic Offense - Information & Procedures
court costs $18 + victim compensation fund "sin tax" would be in addition to the fines

State Statutes - CRS
Adult
CRS 42-4-1701	Traffic Offenses & Infractions Classified - Penalties
CRS 42-2-127	Authority to Suspend or Deny License - Type of Conviction - Points
Minors
CRS 19-2-104(1)(a)(I)	County court and district court concurrent jurisdiction with juvenile court
CRS 19-2-104(1)(a)(I)	State traffic violations - minor treated as an adult
CRS 42-4-1706	Detention to be in a juvenile facility

1. Jail. Driving under restraint traffic offenses are misdemeanor criminal charges and carry mandatory jail in addition to fine, court costs, points and other conditions as may be specified by statute or are reasonably related to rehabilitation. Statutory minimum and maximum amounts of jail depend upon whether alcohol (DUI, DEAC or DWAI) conviction entered in any offense underlying the suspension, revocation or denial. See below explanations.

2. Bail Bond. If you were booked into jail, you have likely bonded since you are looking at this webpage. Alternatively you have a loved one currently sitting in jail shortly after an arrest. Pending trial, the fasted way to get out of jail is to procure a bail bond. Refer to the BAIL BOND page for additional information.

3. First Appearance.

a. The ticket is the charging document and advises defendant of the charges filed. The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties. At that time defendant will also be asked how he / she wishes to proceed with his / her case. If defendant fails to appear, a warrant will be issued for his / her arrest. If this office has been hired, I will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.
b. 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.

refer to jurisdictional attack page

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

4. Court Appointed Counsel
        a. If jail may be imposed for any period, including offenses less than 6 months jail, the state has an obligation to appoint an attorney for an indigent (poor) defendant. An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty." Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).
        b. The defendant may not choose his / her own lawyer. When an appointment is made, the court appoints the Public Defender's Office and if there is a conflict due to multiple defendants, the court a member of the private defense bar who has contracted with the state for court appointments.
        c. If the prosecutor waives jail, the state's obligation to provide counsel is negated. When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel. See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979). This could happen by reduction of the charge and waiver of jail by the prosecution.

5. Entry of Plea & Demand for Trial.

a. In El Paso County, initial appearance hearings are held in the First Appearance Center. The case then transfers to a judge's division.

b. Under the speedy trial rule, trial must be provided within 6 months from entry of not guilty plea.

Speedy & Public Trial: C.R.Crim.P. 48(b), CRS 18-1-405, Article II Section 16 of the Colorado Constitution and Amendment 6 to the U.S. Constitution. See also 4th, 5th & 14th Amendments to the U.S. Constitution, and Article II, Sections 7, 18 & 25 of the Colorado Constitution

Speedy trial commences on the date of filing the not guilty plea. Harrison v. District Court, 192 Colo. 351, 559 P.2d 225 (1977), Rodman v. Adams County Court, 694 P.2d 871 (Colo. App. 1984). This can become important as to speedy trial expiration if the case is transferred to division and advisement + oral not guilty plea is delayed.

c. Demand must be made for jury trial:

1. Misdemeanor offense cases - not guilty plea entered

a. Jury trial is free if jail may be imposed in excess of 6 months upon conviction of any charge.

b. If potential jail is limited to 6 months or less for each charge, a jury demand must be accompanied by a $25 jury deposit within 10 days from entry of the not guilty plea. CRS 16-10-109, C.R.Crim.P. 23. Although local county court judges will likely grant a jury demand without payment of the jury deposit, absent timely jury deposit payment, prosecutors may take the issue to the district court seeking a writ of prohibition. In the likely event of adverse ruling, subsequent jury deposit payment would be outside the 10 day limitation and jury trial right would be lost. This attorney will timely pay the jury deposit to avoid the issue and preserve the client's right to jury trial.

c. Driving While Ability Impaired, CRS 42-4-1302(1)(b) has been determined not a petty offense and no jury deposit is required under CRS 16-10-109, C.R.Crim.P. 23. Refer to Byrd v. Stavely, 113 P.3d 1273 (Colo. App 2005) This is the exception to the 6+ month potential jail jury deposit rule.

d. Standard number of jurors is 6, defendant may request 3 jurors. C.R.Crim.P. 23, Colorado Constitution Article 2 §§16, 23, CRS 16-10-101, CRS 18-1-406

2. Petty offense cases - not guilty plea entered

a. Petty offenses are crimes or offenses punishable not in excess of imprisonment for six months and a fine of not more than $500, or a combination of imprisonment and fine within such limits. Robran v. People, 173 Colo. 378 (Colo. 1971); Austin v. City and County of Denver, 170 Colo. 448, 462 P.2d 600 (Colo. 1969)

b. There is no constitutional right to a jury trial for a petty offense.

c. The statutory right to jury trial in a petty offense is established in CRS 16-10-109, however the statute identifies petty offenses as an offense classified as a petty offense or defined as an offense which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine.

d. Based upon statutory limitations of potential jail not more than 6 months, a jury demand must be accompanied by a $25 jury deposit within 10 days from entry of the not guilty plea. CRS 16-10-109, C.R.Crim.P. 23. Refer to ¶3(c)(1) above regarding timely payment.

e. Standard number of jurors is 3, defendant may request 6 jurors. C.R.Crim.P. 23, Colorado Constitution Article 2 §§16, 23, CRS 16-10-101, CRS 18-1-406 Counsel requests 6 jurors.

f. An El Paso County Court case appealed to the District Court resulted in a ruling that jury trial is a right in an MIP prosecution (underage possession / consumption) which does not fit the statutory definition of petty offense for purpose of jury trial right, however counsel would argue that right.

d. The right to jury trial is an important right which should never be waived unless for tactical reasons after consulting with counsel.

6. No Pre-Trial Conference. Pursuant to Colorado Supreme Court Chief Justice Directive 08-05 (benchmarks) which pertains to delay prevention, performance review of judges and retention (judge's jobs), in May, 2008 the courts in El Paso County again changed policy. DUI, DUS, DUR, traffic offense and misdemeanor cases are no longer set for pre-trial conference. At the time of first appearance, attorney cases are now set for contested proceedings - subpoena duces tecum return, motion hearing, readiness hearing and jury trial. Courts will not set motions hearing absent filing of a motion, therefore an initial motion to suppress will be filed with entry of appearance. Prior to contested hearing dates, the defense attorney may negotiate with prosecutors to discuss possible alternatives and attempt to reach an agreement to dispose of the case. This is called plea bargaining. Clients have inquired "What's a deferred sentence?" Refer to the link for information. Are prosecutors concerned with their statistics? If a plea bargain is obtained which is acceptable to the client, the case is dismissed or set for sentencing. If a plea bargain is not obtained which is acceptable to the client, the case is set for motion hearings or trial, or both. Locally the courts require a defendant's presence unless an out of state resident. Offer of flat dismissal is unlikely in most cases. The goal is to procure a disposition with which the defendant can live, e.g. not going to jail or not losing the driver's license, or perhaps a deferred sentence to a lesser charge which would not be reflected on the consumer driving abstract. If a plea bargain is obtained which is acceptable to the client, contested hearings are vacated and the case is dismissed or set for sentencing. If a plea bargain is not obtained which is acceptable to the client, the case continues to contested hearings and trial. Locally the courts require a defendant's presence unless an out of state resident.

a. Local courts are setting trial dates 60 days out from initial appearance - similar to domestic violence fast track. This is a form of docket control for the courts. Convenient for those who set policy, but in fairness, El Paso County Court is inundated with cases.

b. This court policy places a heavy burden upon defense counsel and defendants. Plea negotiations should not take place until the attorney has an understanding of the case - receipt of a copy of the DA Office file (which includes summons & complaint(s) law enforcement officer notes and reports, accident report, Colorado driving record & witness list), plus client factual interview and receipt of driving records. If an alcohol charge is alleged, discovery to be procured includes roadside sobriety checklist, lab reports, DOH lab certifications and defense counsel blood BAC re-test by independent laboratory. Where driving under restraint is charged, discovery to be procured includes a DMV discovery packet & file. This takes time. If the case can not be settled, a very short window exists for investigator interviews and for counsel to file supplemental motions & briefs, witness endorsements, exhibit endorsements, jury instructions, and theory of defense. The court may not grant continuance of hearings.

c. Even though contested proceedings are set, attorney settlement fees may be quoted. If the client rejects the plea offer, trial fees and costs will be due at the time client elects to proceed to trial - no exceptions. Cases will proceed to jury trial within 2 months from initial court appearance. Be aware of this very short window of time. Counsel will approach cases outside of El Paso County similarly.

d. Given the short amount of time between initial appearance and trial setting, this attorney would prefer to prepare each case for trial at the outset. Since this is a new policy, counsel will give it an opportunity to see how timing works, but the court policy may simply result in the need for trial preparation in each case at the time of representation commencement. Settlement fees may become a thing of the past.

7. Motions Hearings. Counsel may file any of several motions available. Traffic most common motions:

        a. Discovery Motion. This is a request to discover information in order to prepare an adequate defense
        b. Motion in Limine. This is a motion to exclude evidence from trial on the basis of evidentiary or statutory grounds. If DUI, DEAC or DWAI is also charged, an example would be a breath or blood test which is not defendant's but mislabeled; and which could prejudice the jury without having any importance on the issue of guilt or innocence. Another example would be an attack upon a radar gun which was not property maintained, operated or tested by tuning forks if speeding were also charged. Unreliable DMV notice mailing log books could also by the subject of a motion in limine.
        c. Motion to Suppress. This is a motion to exclude evidence from DUI trial on the basis of violation of constitutional rights. An example would be a random stop for the purpose of an evidentiary fishing expedition. Absent probable cause (reason to believe defendant engaged in a crime) for the stop or arrest, evidence obtained therefrom may not be used against defendant. Similarly, forced confessions or statements may not be used. There are many other arguments which may be available in DUI cases. With limited exceptions, defendant must be present in court for motion hearings.

8. Trial.

At a trial, guilt or innocence ill be determined, and it must be decided unanimously (all jurors agree). Every defendant has the right to a trial by jury of 6 persons, or to the judge alone. The right to trial by jury should never be waived (given away) without advice of counsel; it is an important right. At trial, the prosecution must prove each and every element of the crime(s) charged beyond a reasonable doubt. Every defendant is presumed innocent unless and until the prosecution proves guilt beyond a reasonable doubt. Every defendant may remain silent, or may testify if he / she chooses. Defense may call witnesses and make them come to court by subpoena. Every defendant may confront and cross-examine witnesses against him / her. A trial on a traffic offense charge is a criminal trial with all rights attached. If defendant is found not guilty, the case is concluded. If defendant is found guilty of any charge, including a lesser charge (e.g. reckless driving charge convicted of careless driving), the case is set for sentencing. Defendant must be present in court for a trial. Under some circumstances, the court may proceed to trial without the presence of the defendant, but that's a bad idea from defense perspective.

9. Sentencing: DUR offenses carry mandatory jail - see below. The court may impose jail, fine, court costs and prosecution costs as provided by statutes. Law requires every defendant make restitution (make the victim whole). As a condition of probation, the court may also impose any other condition reasonably related to rehabilitation. e.g. traffic safety class, useful public service, or if an alcohol related factual basis, alcohol education or therapy, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment. Points are assessed for traffic offenses. Based upon points reported by the court, the DMV may take adverse action against Colorado driving privileges. DUR carries no points, just one additional year loss of license which must run consecutive (back to back) with any other license loss. Habitual offender status may even be a possibility - that can occur from too many speeding or other minor infraction tickets. DUR is a major violation for purposes of the habitual offender statute.

10. Preparation for Sentencing.
In a criminal traffic case, counsel looks for facts which may lead to dismissal of charges or not guilty verdict. Plea negotiations are affected by weaknesses in the DA's case.
"Shoot for the best - plan for the worst." It is also wise to plan for other contingencies; conviction of an offense or infraction. Anticipating you may subsequently face a judge, to prepare for the most favorable sentencing result a defendant should immediately commence 100 hours useful public service and a Level B or Level II traffic safety class. That will also aid negotiations.

COURT PROCEEDINGS - FELONY OFFENSE

ADDITIONAL INFORMATION

Felony cases are similar to misdemeanor procedures noted above, except for a few differences. The defendant is advised in County Court, then in El Paso County the case is transferred to District Court for advisement about a week later. All proceedings transpire in District Court. In other counties, preliminary proceedings may be held in County Court, and the case is transferred to District Court at a later time.

In felony cases, proceedings are held in the division courtroom; the First Appearance Center is not utilized for felony matters. No specific dates are set for negotiation between a Deputy DA and defense counsel or defendant as happens in misdemeanor cases (pre-trial conference.) The court may set a case over for further proceedings, and negotiations are frequently conducted at the District Attorney's Office or by phone. On the return date, the parties advise the court of status (settled, settlement pending or disposition unlikely.) The court will then set another further proceedings uncontested court date, or will set motions hearing and trial dates. Negotiations will likely be affected by the strengths or weaknesses of the District Attorney's case and what efforts, if any, defendant has made toward useful public service and / or traffic safety class, although those defendant remedial efforts are less likely to have an impact on a felony disposition than on a misdemeanor disposition.

DARP is not sufficiently serious to merit a preliminary hearing. Contested cases are therefore set for motions hearing and jury trial. In a felony case, a defendant is entitled to a jury of 12 whereas a misdemeanor is entitled to 6 jurors at the most.

In both felony and misdemeanor offenses, at trial the prosecutors must prove each and every element of the offense charged beyond a reasonable doubt, and the jury must return a unanimous verdict. Misdemeanor offenses carry county jail as a possible consequence. Felony offenses carry state penitentiary longer periods of incarceration as a possible consequence.

VEHICLE FORFEITURE
legislative debate - misdemeanor & felony cases
refer to link for information

DRIVING UNDER RESTRAINT DEFENSE

PENALTY
DRIVING UNDER RESTRAINT

TRAFFIC - MISDEMEANOR OFFENSE

COLORADO
STATE COURTS
County Court * El Paso County

Also refer to less serious charge
NOL - No Operator's License

SUSPENSION, REVOCATION OR DENIAL NOT ALCOHOL RELATED

driving under restraint carries statutory - automatic one year license denial under CRS 42-2-138

Proceedings

Misdemeanor

Sentencing

DMV

License Defense

Forms

Addresses

Travel Time & Mileage

Attorney Fees & Costs

Colorado driver's license or Colorado driving privileges are suspended, revoked or denied as a result of conviction of non-alcohol related offenses, and the driver is subsequently arrested on a charge of driving under restraint - suspension, revocation or denial:

CRIMINAL PENALTY
        FINE: Minimum $50 - Maximum $500
        JAIL: Mandatory minimum 5 days - 6 months maximum
                " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
                CRS 42-2-138

PENALTY AGAINST DRIVING PRIVILEGES
        Any moving violation or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.
        This action is taken administratively with notice sent to the driver. The driver may request a hearing.
        The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action. Simply put - a driver loses his / her license for one additional year - no room for negotiation.
        This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
        CRS 42-2-138

DRIVING UNDER RESTRAINT DEFENSE

PENALTY
DRIVING UNDER RESTRAINT

TRAFFIC - MISDEMEANOR OFFENSE

COLORADO
STATE COURTS
County Court * El Paso County

Also refer to less serious charge
NOL - No Operator's License

ALCOHOL RELATED SUSPENSION REVOCATION OR DENIAL

driving under restraint carries statutory - automatic one year license denial under CRS 42-2-138

Proceedings

Misdemeanor

Sentencing

DMV

License Defense

Forms

Addresses

ALCOHOL EDUCATION AND THERAPY TREATMENT AGENCIES

Travel Time & Mileage

Attorney Fees & Costs

Colorado driver's license or Colorado driving privileges are suspended, revoked or denied as a result of conviction of alcohol related offenses, and/or driving privileges have been revoked for excessive alcohol content or refusing a chemical test and the driver is subsequently arrested on a charge of driving under restraint - suspension, revocation or denial:

BAIL BOND pending final disposition
        read the statutes - it's real
        Persistent Drunk Driver Statutes (PDDS)
        Suspect must be booked into jail
        Suspect must be held overnight until advised by a judge
        Statutory bail bond is $10,000
         CRS 16-4-103(b)
        Premium to a bondsman would be $1,500, plus collateral for the bond is likely.
        CRS 42-1-102, CRS 16-4-103, CRS 12-7-108
        PDDS is relatively new and many law enforcement officers are as yet unaware

STATUTES & REGS

CRIMINAL PENALTY
        FINE: Minimum $500 - Maximum $1,000
        JAIL: Mandatory minimum 30 days - 1 year maximum
        " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
        CRS 42-2-138

PENALTY AGAINST DRIVING PRIVILEGES
        Any moving violation conviction or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.
        This action is taken administratively with notice sent to the driver. The driver may request a hearing.
        The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action. Simply put - a driver loses his / her license for one additional year - no room for negotiation.
        This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
        CRS 42-2-138

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Driving Under Restraint Overview
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PENALTY - DARP
DRIVING AFTER REVOCATION PROHIBITED
HABITUAL OFFENDER SUSPENSION, REVOCATION OR DENIAL

        Colorado driver's license or Colorado driving privileges have been revoked or denied as a result of DOR ruling that the driver is an habitual traffic offender. For information regarding the habitual traffic offender process, refer to the Habitual Offender (traffic) page.

        Defendant has been arrested for allegedly operating a motor vehicle during a period his / her Colorado driving privileges have been revoked or denied as habitual traffic offender.

DRIVING UNDER RESTRAINT DEFENSE

PENALTY - DARP

DRIVING AFTER
REVOCATION PROHIBITED

TRAFFIC - MISDEMEANOR OFFENSE

STATE COURTS
County Court * El Paso County

HABITUAL OFFENDER
REVOCATION OR DENIAL

NEW OFFENSE DOES NOT INCLUDE
ALCOHOL * RECKLESS DRIVING ELUDING * HIT & RUN

driving under restraint carries statutory - automatic one year license denial under CRS 42-2-138

Proceedings Misdemeanor

Sentencing

DMV License Defense Forms Addresses

Self Help Legal Research

Selected Statutes

Travel Time & Mileage Attorney Fees & Costs



BAIL BOND pending final disposition
        read the statutes - it's real
        Persistent Drunk Driver Statutes (PDDS)
        Suspect must be booked into jail
        Suspect must be held overnight until advised by a judge
        Statutory bail bond is $10,000
        CRS 16-4-103(b)
        Premium to a bondsman would be $1,500, plus collateral for the bond is likely.
        CRS 42-1-102, CRS 16-4-103, CRS 12-7-108
        PDDS is relatively new and many law enforcement officers are as yet unaware

STATUTES & REGS

CLASS 1 MISDEMEANOR CRIMINAL PENALTY
        FINE: Minimum $500 - Maximum $5,000
         JAIL:
                Presumptive Term: 6 months minimum to 18 months maximum
                Mandatory Minimum: Jail Term - 30 days / Fine - $3,000
                " Notwithstanding the provisions of CRS 18-1.3-501, any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in CRS 18-1.3-501, The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II)."
                CRS 42-2-206(1)(a)(II), CRS 18-1.3-501, CRS 18-1-106

PENALTY AGAINST DRIVING PRIVILEGES
        Any moving violation conviction or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.
                This action is taken administratively with notice sent to the driver. The driver may request a hearing.
                The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action. Simply put - a driver loses his / her license for one additional year - no room for negotiation.
                This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
                CRS 42-2-138
        Conviction of a major offense with two prior major offense convictions within seven years meets the statutory criteria for habitual offender status finding and revocation for an additional five years to run consecutively (back to back) from any other license loss. So long as convictions remain within the relevant statutory period, they may be used each time a new conviction enters.
        Driver is afforded notice, hearing and an opportunity to be heard. Refer to habitual offender (traffic) page - criteria.

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

DRIVING UNDER RESTRAINT DEFENSE

PENALTY - DARP

DRIVING AFTER
REVOCATION PROHIBITED

FELONY OFFENSE

STATE COURTS
District Court * El Paso County

HABITUAL OFFENDER
REVOCATION OR DENIAL

NEW OFFENSE DOES INCLUDE
ALCOHOL * RECKLESS DRIVING ELUDING * HIT & RUN

driving under restraint carries statutory - automatic one year license denial under CRS 42-2-138

Proceedings Felony

Sentencing

DMV License Defense Forms Addresses

Self Help Legal Research

Selected Statutes

Travel Time & Mileage Attorney Fees & Costs

BAIL BOND pending final disposition
        read the statutes - it's real
        Persistent Drunk Driver Statutes (PDDS)
        Suspect must be booked into jail
        Suspect must be held overnight until advised by a judge
        Statutory bail bond is $10,000
        CRS 16-4-103(b)
        Premium to a bondsman would be $1,500, plus collateral for the bond is likely.
        CRS 42-1-102, CRS 16-4-103, CRS 12-7-108
        PDDS is relatively new and many law enforcement officers are as yet unaware

STATUTES & REGS

CLASS 6 FELONY CRIMINAL PENALTY
        FINE: Minimum $1,000 - Maximum $100,000
        PRISON:
                Presumptive Term: Minimum incarceration of 1 year to the Colorado Department of Corrections (penitentiary) to presumptive maximum 1 2 years
                Aggravated Term: Presence of statutory aggravating factors may cause mandatory minimum sentence to be 1 year 3 months up to maximum of 3 years
                Mandatory Minimum: Jail Term - none provided / Fine - none provided
                "Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section CRS 18-1.3-401"
                Individual sentenced pursuant to CRS 42-2-206(1) may be considered for community correctional program. People v. Scott, 200 Colo. 365, 615 P.2d 680 (1980).
                CRS 42-2-206(1)(b), CRS 18-1.3-401, CRS 18-1-105, CRS 18-1-105(9.5)
        Prosecutors may offer a favorable plea disposition if the defendant pleads straight up to the felony, including minimal or no county jail. Tempting as it sounds, the problem with that type of a driving under revocation prohibited disposition is that the person is on probation for a felony - a significant sentencing enhancer - black widow waiting in the web waiting for defendant to drive again.
                CRS 18-10105(9) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony. That's 1 year, 3 months - 3 years state penitentiary time.
                        (III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony.
                CRS 18-1.3-401(8) (a) The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony. That's 1 year, 3 months - 3 years state penitentiary time.
                        (III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony.

PENALTY AGAINST DRIVING PRIVILEGES

        Any moving violation conviction or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.
        This action is taken administratively with notice sent to the driver. The driver may request a hearing.
        The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action. Simply put - a driver loses his / her license for one additional year - no room for negotiation.
        This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
        CRS 42-2-138

        Conviction of a major offense with two prior major offense convictions within seven years meets the statutory criteria for habitual offender status finding and revocation for an additional five years to run consecutively (back to back) from any other license loss. So long as convictions remain within the relevant statutory period, they may be used each time a new conviction enters.
        Driver is afforded notice, hearing and an opportunity to be heard. Refer to habitual offender (traffic) page - criteria.

SUMMARY

        If a person who was determined to be habitual traffic offender is caught driving before reinstatement, he or she will be charged with driving after revocation prohibited. Depending upon the circumstances at the time of the stop, that may be:
        Misdemeanor charge -county jail possible:   (current charge non-aggravated)
                Presumptive county jail 6 months minimum to 18 months maximum
                Mandatory minimum jail term 30 days / Fine $3,000
                        Can be suspended with 40 - 300 hours public service
                Presumptive fine $500 - $5,000
                CRS 42-2-206(1)(a)(II), CRS 18-1.3-501, CRS 18-1-106

        Class 6 felony punishable: (current charge aggravated alcohol related, reckless driving, eluding or hit & run)
                Presumptive Colorado Department of Corrections (penitentiary) minimum incarceration
                        1 year to presumptive maximum 1 ½ years
                Mandatory minimum jail term: none
                Fine $1,000 - $100,000
                CRS 42-2-206(1)(b), CRS 18-1.3-401, CRS 18-1-105, CRS 18-1-105(9.5)

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Driving Under Restraint Overview
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PENALTY - DRIVING UNDER RESTRAINT
INSURANCE TERM REVOCATION
FAILURE TO CARRY SR-22 INSURANCE

If the SR-22 financial responsibility requirement has been imposed upon a driver, he / she must comply. If the driver fails to carry the insurance coverage or pay the premiums, the insurance company will notify the DMV which will impose an insurance term revocation upon the driver.

        Mandatory minimum jail 5 days
                " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
        Maximum jail: 6 months
        Minimum fine $50 Maximum fine $500
        CRS 42-7-422

Driving without getting caught?
refer to Murphy's law.

And Mrs. Murphy adds:
"At the worst possible time."

REMEDIAL QUICK LINKS
refer to links for information

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

ALCOHOL TREATMENT

ALCOHOL EDUCATION CLASSES - DUI, DEAC or DWAI

TRAFFIC SAFETY CLASSES

NON DRIVING ALCOHOL EDUCATION CLASSES - MIP

PETTY THEFT CLASSES

ACCIDENT REPORTS & DMV FORMS

PUBLIC SERVICE

COMPLETION CERTIFICATES

TREATMENT AGENCIES
DOMESTIC VIOLENCE CLASSES
ANGER MANAGEMENT * CONFLICT RESOLUTION

STD - HIV AWARENESS CLASS
Prostitution
Local Class utilized by Colorado Springs Municipal Court

PENALTY - DRIVING UNDER RESTRAINT
DRIVING AFTER REVOCATION PROHIBITED
EMERGENCY - POSSIBLE AVOIDANCE OF JAIL
Burden and Standard of Proof + Procedure

Each statute makes reference to mandatory jail, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an "emergency."

What's this "emergency" stuff all about - who must prove, by how much evidence, what does it mean, who decides if it really is an emergency, and what effect will that have on sentencing?

        A defendant has the right to have the state prove every element of an offense beyond a reasonable doubt. However, the fact of emergency has no bearing on the establishment of the offense. Its sole significance is in determining whether an otherwise mandatory sentence may be suspended or probation granted.

        Defendant must prove the existence of an emergency by a preponderance of the evidence. Information with respect to an alleged emergency is peculiarly within the knowledge of the defendant. The Colorado Supreme Court has concluded that to require the defendant to prove emergency does not shift the burden of proof with respect to any fact essential to the offense charged contrary to the dictates of due process of law.

        The due process test for vagueness is commonly expressed as whether a statute describes prohibited conduct in terms such that men of ordinary intelligence must necessarily guess as to its meaning and differ as to its application.   "Emergency" has a sufficiently well understood common meaning within the context of driving under restraint to be applied by judge or jury without violating due process rights of the defendant.

        Existence of an emergency does not affect the criminality of the conduct and is not as a part of the issue of guilt at trial on driving under restraint. It does, however, have a substantial effect on the trial court's discretion in sentencing. The trial judge at sentencing hearing will make the determination regarding the existence of an emergency, not the jury at trial.
        Even if an emergency is established, the court retains the discretion to deny probation and suspension of sentence and to impose any sentence of confinement authorized by statute. Thus the penalty range is not automatically revised by establishment of an emergency. Stated another way, the judge is no longer required to impose jail or penitentiary time, by may do so - it's the judge's call.

        People v. McKnight, 200 Colo. 486, 617 P.2d 1178 (Colo. 1980)
            Note: Mr. McKnight's driver's license was revoked as an habitual offender for a period of 5 years on the basis of 3 alcohol traffic convictions with 7 years - he was age 67 at the time. He was arrested for a 4th DUI and charged with a DARP prior version - driving after judgment prohibited CRS 42-2-206 class 5 felony. Mr. McKnight appealed from a penitentiary sentence of an indeterminate term not to exceed five years. Tough sentence on an old man who claimed he drove for an "emergency" to get his invalid wife medicine. Case citations in this website appear quite impersonal, but they represent real people with real problems. DUR / DARP are serious matters.

DRIVING UNDER RESTRAINT DEFENSE

POTENTIAL DEFENSES
caveat - more law is applicable - just a brief overview here

MISDEMEANOR OR FELONY OFFENSE

COLORADO
STATE COURTS
El Paso County Court and District Court

Also refer to less serious charge
NOL - No Operator's License

driving under restraint carries statutory - automatic one year license denial under CRS 42-2-138

Proceedings

Misdemeanor

Felony

Sentencing

DMV

License Defense

Forms

Addresses

TRUST DEPOSIT REQUEST

Travel Time & Mileage

Attorney Fees & Costs

DMV failed to provide lawful notice of adverse action and defendant didn't have actual knowledge
Lack of reasonable suspicion for initial contact by the law enforcement officer
Lack of probable cause for arrest or seizure of the defendant's person
Defendant's admissions the result of undue influence, duress and coercion - due process violation
Defendant's admissions taken in violation of
5th Amendment privilege against self incrimination
6th Amendment right to legal counsel
Alleged offense did not occur on public roadway or highway
        Private land won't convict
        A farmer plowing his field isn't in trouble until he enters or crosses the roadway
        Are shopping mall parking lots, etc. public or private? - ah ha! - now I get it
Identity error
        Defendant was not the person suspended, revoked or denied -
        Proper adverse ruling, but applied to the record of the wrong individual
        DMV suspended the wrong "John Jones" or "Sam Smith" - identity error in ruling
        A third person, not defendant, was driving a motor vehicle
Reasonable doubt - state can not prove
        Adverse action had been taken against the defendant
        Defendant was the person driving
        Defendant's actions constituted "driving"
Collateral attack - refer to link for information
Attack convictions underlying the DMV adverse action
Attack the DMV adverse action ruling
Jurisdictional attack - refer to link for information
Attack the jurisdiction of the court in the pending criminal case
When all else fails:
        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 !
                    And if that fails ----
                    Flip Wilson quote: "the devil made me do it"

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.

INDEPENDENT SERVICE PROVIDERS

Where relevant, I utilize 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 bound by the attorney-client privilege. If retained privately by the client, no such agency or confidentiality exists.

PROCESS SERVICE

PRIVATE INVESTIGATION

LABORATORIES

STREET CORNER LEGAL ADVICE
advice by laymen or unsupervised paralegals - refer to link

FIND A LAWYER ANYWHERE

Driving Under Restraint Overview
Page Top

HIT & RUN TRAFFIC DEFENSE
DO I NEED AN ATTORNEY?

Do I need an attorney?

Probably time to loosen the pocket book and hire a defense attorney.

If you are charged with DUR or DARP, whether or not you are eligible for reinstatement, it is advisable to retain competent legal counsel - all such charges contain jail sentences and law provides for additional periods of lost driving privileges. In some circumstances such sanctions may be avoided if the case is properly handled. You need not retain my services, but hire defense counsel.

ATTORNEY'S FEES AND COSTS
DRIVING UNDER RESTRAINT DEFENSE

DRIVING UNDER RESTRAINT

DRIVING AFTER REVOCATION PROHIBITED

LICENSE REVOCATION 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
MISDEMEANOR DUR - DRIVING UNDER RESTRAINT

HOURLY FEE RATE

SETTLEMENT
FLAT FEE
deduct from trial flat fee

$1,550

TRIAL
FLAT FEE
deduct settlement fee

$3,500

I generally offer hourly fees or a settlement flat fee. Some first offense misdemeanor DUR 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 absent collateral attack. This shall neither constitute an offer, nor be construed as a binding estimate.

DUR second or subsequent negotiations
would likely involve jail. Plan on trial flat fee.

Trial flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote absent collateral attack. This shall neither constitute an offer, nor be construed as a binding estimate.

trust deposit request regarding fees & costs

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 trial flat fee. Similarly, if vehicle forfeiture or if curing out of state license suspension is involved, attorney would need more information before quoting a fee. Legal research and research time and litigation preparation regarding forfeiture would increase the above estimates.

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

$ 1,550
$ 575

settlement
common trust deposit request
including attorney's fees & litigation costs - excluding travel
settlement - first misdemeanor DUR only - not second or subsequent
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit

OR

$2,125*

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT

$ 3,500
$ 975

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

$4,475*

If eligible for reinstatement in Colorado at the time attorney is retained and in the event DMV hearing can be avoided,
quoted court case flat fees will include attorney time for reinstatement of Colorado driving privileges.

misdemeanor DUR - driving under restraint
* 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

$135.00	Toxicology - BAC Ethanol (alcohol) only
185.00	Toxicology - BAC Ethanol (alcohol) + NaFl (preservative)
95.00	Toxicology - UA qualitative toxicology screen for marijuana
620.00	Toxicology - UA quantitative toxicology screen for marijuana
545.00	Toxicology - Substance quantitative toxicology screen for marijuana
595.00	Toxicology - Qualitative and quantitative drug screen
720.00	Toxicology - BAC ethanol (alcohol) + NaFl (preservative) + drug screen
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	Court records search & copy costs (actual may be more or less)
10.00	Copy expense at courthouse for prior offense files (estimate - may vary)
75.00	Public Service supervision fee
37.50	OJW fee to court (outstanding judgment warrant) - anticipating Integral Recoveries collection agency referral
60.00	DMV reinstatement fee
4.40	DMV clearance letter - certified copy of Colorado driving abstract
500.00	Private Investigator initial retainer - if relevant - Rivera Investigations 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
If the case is complicated, it may 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, but total expense frequently runs $140 - $200. If a case is complicated, would also be foreseeable to procure transcripts from prior court cases, DMV proceedings (if available) and collaterally attack prior convictions. It is not possible to project costs absent a knowledge of the facts surrounding a given case.

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


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

POTENTIAL FEE QUOTE
DARP - DRIVING AFTER REVOCATION PROHIBITED

HOURLY FEE RATE

SETTLEMENT
FLAT FEE
deduct from trial flat fee

$2,500

TRIAL
FLAT FEE
deduct settlement fee

$5,000

I generally offer hourly fees or a settlement flat fee. Some first offense misdemeanor DARP 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 absent collateral attack. This shall neither constitute an offer, nor be construed as a binding estimate.

Settlement within parameters acceptable to the client diminish with DARP charges - negotiations would likely involve jail. Plan on the trial flat fee.

TRUST DEPOSIT REQUEST

trust deposit request regarding fees & costs

PAYMENT

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT

$ 2,500
$ 275

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

$2,775*

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT

$ 5,000
$ 1,500

$6,500*

DARP - driving after revocation prohibited
* this shall not constitute an offer, nor be construed as a binding estimate

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

COSTS
refer to costs identified above - follow link

In a DARP case it would be common 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, but total expense frequently runs $140 - $200.

In a DARP case, would also be foreseeable to procure transcripts from prior court cases, DMV proceedings (if available) and collaterally attack prior convictions. It is not possible to project costs absent a knowledge of the facts surrounding a given case.


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

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

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


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

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

Cheer up. Life gets better.
Thank you for considering my services; I appreciate your inquiry.

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

DRUNK DRIVING - DUI DEFENSE TRAFFIC DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS

DRIVER LICENSE DEFENSE FAMILY LAW DEBT COLLECTION COMMUNITY RESOURCES

FIRST CONSULTATION ACCOUNTING STRUCTURE PRIMARY WEBSITE INDEX

ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information

sole practitioner attorney does not accept these matters

a. a pro-bono (free) lawyer
b. an attorney who may take lower fees - economic hardship
c. an attorney who may take installment payments

Major Charge Cards Accepted

Third Party Payment Authorization

charge card merchant discount

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Defendant Pro Se - Attempt to Defend Own Case

1. Adequate Time. If sufficient time exists to adequately prepare your defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation. This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2. Insufficient Time. If you've waited until the eleventh hour and there is not sufficient time to prepare an adequate defense before a contested court proceeding, please do not call. I decline.

3. Limited Assistance. Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in defense of your own case. I decline.

Attorney Policies
Representation by Previous Attorney

1. Current Attorney. Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent. This ethical rule governs all attorneys. Please do not call until after you have terminated representation by a former attorney. Please be aware, after other counsel's withdrawal it may be difficult for the the new attorney to "catch up."

2. Adequate Time. If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your defense, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation. This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3. Insufficient Time. If you've waited until the eleventh hour and there is not sufficient time to prepare an adequate defense before a contested court proceeding, please do not call. I decline.

4. Second Opinion. I will not arm chair quarterback another attorney's defense tactics or theory of defense. Please do not call for a second opinion or an opinion regarding the competence of your current defense. I decline.

POST SENTENCING MATTERS
PROBATION REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION * APPEALS

Post Sentencing. I do not accept post sentencing matters in any criminal, DUI or traffic case unless I provided representation during the case in chief at the trial court level and am familiar with the facts, testimony and exhibits received into evidence, rulings & meritorious issues. That's been my policy for years. Please do not call or inquire regarding post sentencing matters if you are not a former client.