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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 29 years
traffic and criminal defense private practice in Colorado state and
municipal courts |
ROBERT D. GUSTAFSON
ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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FIRST CONSULTATION - NOTICE
link to information regarding first consultation -
please read |
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Attorney
welcomes representation
inquiries however the
purpose is not to provide free legal advice to the general public.
Unless seeking to retain counsel, please do not email or call.
Attorney does not provide legal opinions, answers or information
in response to questions submitted from non-clients, and attorney
is not the phone company 411 center for telephone number
information. Given the scope of internet accessibility, I
can not be the free "Colorado answer man" and will politely
decline requests of this nature. |
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Criminal
& traffic
cases occur across Colorado => |
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travel |
Travel Policies & Trade Area
*
Itemized Expenses
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Colo Map |
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attorney does not accept post
sentencing matters unless counsel during underlying case
non-acceptance -
probation revocation, deferred sentence revocation, parole violation or
appeal **
sealing
&
collateral attack accepted |
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common fees
are quoted in this site and information provided
attorney
is prepared to provide legal representation |
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attorney
comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice |
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Attorney offers one free visit on every case. There is no obligation of any nature, and
you will not be billed for the first visit. The purpose of a
first
consultation is
to identify your legal problems, discuss possible remedies or action which may
be available, and discuss attorney's fees and costs. After gaining an
understanding of your case, attorney will quote fees and anticipated costs.
Attorney generally
declines further discussion of the case after the first visit unless retained. As
attorney maintains a small practice and manage his caseload, attorney reserves the right to
decline any first consultation or to decline representation in any case.
If you feel the need to contact a trial attorney quickly, please pick up your
telephone. Attorney has made that easy with the addition of a toll free phone
number which is available throughout the entire United States and Canada.
You will reach either the attorney or voicemail - attorney has no secretarial screen.
When you call please bear in mind the attorney may or may not have time to visit at that
instant if you've not made a previous appointment. If you reach voicemail, please leave your name, date and time called, return phone number(s)
and a brief message regarding the purpose of your call. Attorney periodically
retrieves messages while away from the office and ask that you leave a number as
he may not have access to your file at the time. Attorney does not memorize client
phone numbers. In criminal cases, attorney may only permit a client to discuss
case facts while we are each on a land line - not cell or wireless.
Confidential or time sensitive matters or information should be limited to
direct phone conversation with counsel.
Attorney
is most willing to visit with
prospective clients regarding representation
by phone or in-person appointment without
cost or obligation. However, attorney will not
provide information, legal opinions or legal advice in response to questions submitted from
non-clients - email, fax or phone. Please refer to the terms of
first
consultation.
If a prospective client leaves an email message or contact phone, attorney will
attempt to call once at each number provided, however once only. Unless
otherwise designated, if you
are not available attorney would leave his name, number and date called on your answering machine or voicemail.
Counsel does
not identify himself as an attorney. Whether you
have an answering service or not, attorney only attempt one call regardless of
importance you assign to the matter. Attorney will respond
to your contact at the earliest opportunity, however attorney accepts no responsibility to make multiple return calls attempting to
reach non-clients who are unavailable nor does attorney accept representation
simply based upon an inquiry call or email. You are most welcome and encouraged to
call again.
If leaving a message by email
or voicemail, you may wish to consider some of the following
Full name
Primary and secondary
contact phones
including
best number and best time to call
whether you prefer
I not leave a message
Email address
Brief explanation of
legal problem
Court case number and county in which litigation is
pending
Date of birth and social
security number
Driver's license number
and state of issuance
Naturally the amount of
information you provide is totally in your discretion. The more
information you leave, the better prepared attorney can be when your call is
returned. Conversely, please don't fill attorney's voicemail.
In
addition to your legal problem, openly discuss fees and costs with the attorney
in the first visit. When retained attorney generally provides a written fee agreement to avoid
misunderstandings. Timeslips computer accounting produces billings which are
easy to read & understand. Attorney accepts charge cards - MasterCard, VISA,
American Express and Discover Card, but not installment payments. Fee and trust deposit quotes will be honored
for a period of seven (7) days from the day of the quote. After that time, fees
or requested trust deposit are subject to change without notice if you have not
retained this office.
Attorney has located his office in his home. It is comfortable, plus it permits
attorney to manage his caseload and provide personal attention to each client and case.
Attorney's home office is physically located
near North Union and Dublin. A map is included in this website. Access is easy
from I-25 via Woodmen or from North Academy Blvd via Union -
directions
and
maps.
Attorney schedules about 30
minutes for a first consultation to answer your questions and provide a fee
quote; this can frequently be done by phone. Children should never be in a position to hear
or listen to your legal matters, particularly in the areas of my practice. |
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a lawyer links
provided as a courtesy |
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Attorney
Policies
Defendant
Pro Se - Attempt to Defend Own Case
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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. |
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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. |
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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. |
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Attorney
Policies
Representation
by Previous Attorney
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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." |
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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. |
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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. Attorney declines. |
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4.
Second Opinion.
Attorney 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. Attorney declines. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED
SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. Attorney does not accept post sentencing
matters in any criminal, DUI or traffic case unless he provided
representation during the case in chief at the trial court level
and is familiar with the facts,
testimony and exhibits received into evidence, rulings & meritorious issues. That's been
the attorney's policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client. |
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This
includes appeals or plea to
MIP,
domestic violence
or other
criminal charge,
DUI,
DEAC
or
DWAI
charge or other
traffic charge
and probation,
deferred
sentence, parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. Attorney accepts meritorious sealing cases regardless of
whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant,
attorney also accepts
meritorious
collateral
attack cases.
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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most criminal defense
cases are welcome and gladly accepted - refer to
INDEX
NOTICE:
ATTORNEY DOES NOT ACCEPT THE FOLLOWING CASES |
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SEXUAL ASSAULT (RAPE) |
SEXUAL ASSAULT ON A
CHILD |
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HOMICIDE OR MURDER |
CHILD ABUSE HOMICIDE OR FELONY
CHILD ABUSE |
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CRIMINAL * TRAFFIC
* DUI DEFENSE
ATTORNEY - CLIENT
DOCUMENTS |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files
Free Download |
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RETAINER
DATA FORM - Criminal, DUI & Traffic
3
Pages - Approximate Size 32 KB
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NO PASSWORD - ACCESS UNRESTRICTED
With a call, this information
may also be provided by phone
FACT
SHEET - DUI
* DWAI
* DEAC
* MIP
26
Pages - Approximate Size 82 KB
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ACCESS RESTRICTED BY PASSWORD
Attorney sets DUI defense factual interview
appointments as follows.
1. In person interview appointment
during business hours 8:30 am - 3:30 pm Monday - Friday or
2. Telephone interview appointment commencing 8:30 pm Monday - Thursday.
Evening factual interviews by phone are limited to DUI defense and are not
offered in other legal matters.
3. Attorney does not set evening physical
appointments in any type of case, including DUI defense.
Completion of the linked
fact sheet and return with sufficient time for me to review before our physical or phone
appointment reduces the time required for a factual interview. If a client is
not thorough with informational responses on the fact sheet, attorney prefers to simply glean the information during our
interview and eliminate the fact sheet altogether. To allow sufficient
time that we are not rushed, attorney prefers to set DUI defense factual interviews no
later than 3:30 pm or evening phone appointments as indicated above.
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DOMESTIC VIOLENCE CRIMINAL
DEFENSE
ATTORNEY - CLIENT
DOCUMENTS |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files
Free Download |
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RETAINER
DATA FORM - Domestic Violence Criminal Defense
3 Pages - Approximate Size
31 KB
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NO PASSWORD - ACCESS UNRESTRICTED
With a call, this information
may also be provided by phone
FACT
SHEET - Domestic Violence Criminal Defense
38 Pages - Approximate Size 102 KB
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ACCESS RESTRICTED BY PASSWORD
Attorney asks that clients be thorough with informational responses on
the linked fact sheet Attorney sets criminal defense in person factual
interviews during business
hours 8:30 am - 3:00 pm Monday - Friday, or the interview may be conducted by
telephone during the above stated times. To allow sufficient time that we
are not rushed, attorney prefers to set criminal defense factual interviews no later
than 3:00 pm. Attorney does not offer evening interviews. |
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SEALING CRIMINAL JUSTICE RECORDS
ATTORNEY - CLIENT
DOCUMENTS |
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Adobe
Acrobat Reader version 5 or later is required to view .pdf files
Free Download |
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RETAINER
DATA FORM - Sealing Criminal Justice Records
2 Pages - Approximate Size
30 KB
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NO PASSWORD - ACCESS UNRESTRICTED
With a call, this information may
also be provided by phone
FACT
SHEET - Sealing Criminal Justice Records
9 Pages - Approximate Size 69 KB
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ACCESS RESTRICTED BY PASSWORD
Attorney asks that clients be thorough with
informational responses on the linked fact sheet. Between the client's
information, litigation history Attorney obtains from the internet and physical
retrieval of relevant files at the courthouse, attorney generally has sufficient
information that any questions arising during preparation of the sealing lawsuit
can be answered in a brief phone conversation. |
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ETHICAL OBLIGATIONS
PRIOR CONVICTIONS * ARRESTS
* BAD ACTS |
NOTICE TO CLIENTS OR PROSPECTIVE
CLIENTS
IMPORTANT - READ THIS CAREFULLY |
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Effective January 1, 1993 - under the Colorado Rules of Professional Conduct (C.R.C.P.)
if an attorney is aware of prior or subsequent arrest(s), criminal charge(s)
or conviction(s) or other litigation or bad acts, the
disciplinary rules place an affirmative duty on all attorneys to inform
the court of relevant facts not before the judge, regardless of whether a
litigant has given misinformation or not. Put simply, DEFENSE ATTORNEYS ARE NOW
REQUIRED TO INFORM THE SENTENCING JUDGE AND OPPOSING COUNSEL OF PRIOR OFFENSES,
ARRESTS OR BAD ACTS WITHIN THE ATTORNEY'S KNOWLEDGE. Attorneys'
obligation to deal fairly and with candor to the court supercedes the attorney -
client privilege regarding communications. In
short, if an attorney has knowledge that a client is
giving false information or relevant information is unknown to the court, these
disciplinary rules required counsel to correct the records or to withdraw representation.
Withdrawal may be the only viable option.
C.R.C.P. §1.2(d)&(e)
(scope and objectives of representation - fraud & prohibited conduct),
§1.6 (confidentiality of information - attorney-client privilege), §3.1
(meritorious clams and contentions) and in particular, §3.3 (candor toward
the tribunal - disclosure requirements). I also reviewed statutes, editor’s
notes and annotations CRS 13-90-107(1)(b) (who may not testify without consent
- attorney-client privilege).
The
Colorado Supreme Court
disciplinary rules govern the conduct of all attorneys licensed in Colorado; this is not unique to
my office nor to criminal defense attorneys - the rules apply to all Colorado
attorneys. If the ethical and disciplinary rules are violated, proceedings are available to remove, suspend or censure every
attorney's license to practice law.
The most common circumstances
in which this conflict may arise would be:
1. Prior DUI or alcohol
related traffic conviction out of state and no felony convictions.
Absent a felony charge or conviction, the DUI may not show up on an NCIC
records search. If the out of state DMV has cleared you as eligible for
a license, there would be nothing to show up in the DMV national holds
registry. Given that there is no national DMV record except for a.)
adverse action holds and b.) commercial driver's license (CDL), the prior
offense may be unknown to Colorado courts, prosecutors and probation officers.
2. Subsequent DUI or alcohol
related traffic charges arising after entry of plea and alcohol evaluation,
but before sentencing hearing. All counties are linked into the Colorado
Judiciary system - all types of cases including felony, misdemeanor and
traffic cases. Courts, prosecutors and probation officers have on-line
access to judicial records. However, if the new charges arose after plea
and evaluation, the last opportunity to run a computer records check would be
by the judge immediately before or at sentencing. The judge may or may
not search records.
As a defense attorney, when a
client has remained silent and has not perpetrated fraud on the court, attorney does not
agree that confidentiality under the attorney-client relation is subordinate to the
duty as an officer of the court to affirmatively inform the judge of prior
criminal offenses. Nor does he believe defense attorneys should be obligated to
disclose history information received in a confidential setting. Counsel's opinion,
though, is not important. He is an ethical attorney. The rules exist and
he will not
violate. In fulfillment of his ethical obligations, even without specific knowledge,
he recommends disclosure of
prior or subsequent conviction(s), arrest(s) or bad act(s).
Shortly after being retained, but generally not thereafter due to cost, attorney
runs a
client
background search under the exact name provided by client.
Attorney has no knowledge or reason
to know if such matters are not disclosed by client, are not found in a records
search and are not found in discovery provided by the prosecution or opposing
counsel.
Therefore, IF YOU HAVE A PRIOR
OFFENSE WHICH YOU DO NOT WISH DISCLOSED TO PROSECUTORS, TO OPPOSING COUNSEL OR TO THE COURT, DO NOT
INFORM THE ATTORNEY OR ANY STAFF IN THIS OFFICE.
You will be asked relevant
questions by the attorney or his staff. SIMPLY STATE YOU DO NOT WISH TO DISCUSS
THOSE MATTERS AND NO FURTHER INQUIRY WILL BE MADE. No conclusion will be drawn
from your request that inquiry be avoided. We will simply not discuss the
subject.
IMPORTANT. It is very dangerous for your
defense attorney to have limited knowledge of relevant facts. The last place
defense counsel should be educated is in the courtroom or by a prosecutor. You
may needlessly have a probation or deferred sentence revoked or consecutive jail
sentences imposed. However, given the ethical and disciplinary rules which now
govern Colorado attorneys, you may not wish to tell counsel all relevant facts,
such as a prior conviction. This attorney recommends disclosure of prior
offenses or other bad acts. If you give false information to the court, probation department or
prosecutors and are caught, sanctions will be extreme. Whether or not to
disclose is the client's decision. If you exercise your right to remain silent,
no false information is given.
The above information has been
provided to place you on notice that the attorney-client privilege no longer
makes a lawyer's office "safe haven" for your statements pertaining to
prior offenses which you do not want disclosed. This is similar to the
criminal case "Miranda warning."
At first interview, prospective clients are asked to sign a copy
of a similar notice indicating the prospective client received a copy and had adequate time to read it
before seeing the attorney or discussing the facts of the person's case.
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NON-DISCLOSURE
CONFLICT WITH RETAINER
AGREEMENT |
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ADVICE
BY LAYMEN |
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UNSUPERVISED PARALEGALS
STREET
CORNER LEGAL ADVICE
the knowledgeable neighborhood backyard
barrister |
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Each case is different; law can be complicated.
In criminal, DUI and traffic cases favorable plea bargains are obtained
based upon
a number of reasons; the prosecution's concern for possible loss at trial can
be a major factor. Sentencing is based upon the specifics of your particular
case and applicable law.
Attorney has previously been retained
to assist clients with criminal and traffic problems who had followed advice of
"street corner lawyers."
Various clients had
lost driving privileges or had bench warrants issued for their arrest. It
is unlawful for non-lawyers to give legal advice, however that advice is
bountiful. Be careful.
Regarding sealing criminal justice records. attorney has dismissed a lawsuit
previously filed by other counsel in the wrong court and re-filed in the proper
court. Although municipal court did not have jurisdiction due to
pre-emption under state law, res judicata (one chance to litigate) could have
been a problem had dismissal not been sought prior to entry of orders in the
municipal court.
In all types of cases I've listened to
prospective clients adamantly inform me of his or her rights or planned case
strategy and tactics
based upon advice received over the back yard fence from a neighbor who'd heard about
a friend of a friend. A lawyer just can't compete with that level of competence and
expertise. Attorney will listen attentively and assess the merits, but if the
prospective client doesn't or won't recognize realities, attorney does not attempt an
attorney-client relation.
Attorney has seen numerous errors in pleadings and settlement agreements which would
constitute malpractice if committed by an attorney. Just as significant rights can
be affected in DUI and criminal cases, sealing criminal justice records cases can be lost and /
or perhaps judgment & fees + costs awarded to the state if
inappropriately commenced or litigated. Significant right may be
involved. Do not judge what will or should happen to you on
the basis of what happened a friend or "someone in the know." Do not
rely upon the "street corner lawyers" or unsupervised paralegals.
Seek professional advice from competent counsel licensed in Colorado to commence
or defend your case properly from the outset. If
private counsel fees are not feasible, refer to
alternatives.
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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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COMPLETION
CERTIFICATE FORMS
Alcohol Education * Alcohol
Therapy * Public Service * AA Meetings * Antabuse - disulfirum
deferred sentence * probation
Colorado trial practice 29 years - Colorado State Courts
& Colorado Springs Municipal Court
DUI,
DEAC
or
DWAI * *
Driving
Under Restraint * *
Speeding
Tickets |
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** NOTE:
Effective December, 2004 public service in El Paso County must be completed under supervision of an
approved
agency with insurance on the worker. The court will not give credit for
public service completed outside supervision and will not accept verification
other than through the supervision agency. Chief judges of other
counties may have instituted similar blanket orders. |
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download |
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Current
Clients will be provided with verification forms containing
name and case number.
Current clients may print any
above linked form for individual but not commercial or law office use.
Files are password restricted.
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Former
Clients and Non-Clients may
print and use any linked verification form identified
in blue.
Former & non-clients do
not have permission to print or otherwise use any linked
verification form identified in red.
This restriction is not any inconvenience - it merely removes my name from
the caption of pleadings and thereby avoids any possible confusion to the
court or prosecutors. Otherwise, the Current
Client or Former Client and Non-Client
forms are the same.
Former & Non-Client limited
permission to forms identified in blue
extends to individual but not commercial or law office use.
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Use of any form shall
not constitute representation, nor shall it be considered an
appearance of counsel in any litigation
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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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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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Colorado Springs, attorney, consultation,
first consultation, attorney representation, client, client documents,
alternatives, counsel, disclosure, warning, ethics, criminal defense,
defense, lawyer |
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Topical Website Copyright ©
2003 - All Rights Reserved - Document Revised
August 17, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved -
no copyright claimed to other images
Topical Website Initial Publication Date: February 29, 2004 |
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