Hit and Run
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GUSTAFSON LAW OFFICE
COLORADO SPRINGS HIT & RUN CRIMINAL DEFENSE

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

perhaps I will become your attorney
Address  *  Maps  *  Directions
 

Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 
COLORADO SPRINGS HIT AND RUN DEFENSE
COLORADO SPRINGS TRAFFIC DEFENSE
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
WARNING BAIL BOND SILENCE SEARCH DEMEANOR DEFINITIONS POTENTIAL DEFENSES
HIT & RUN OFFENSES & STATUTES ACCIDENT REPORTS & COLORADO DMV FORMS
Colorado State Accident Report
CSPD Accident Cold Report
STATE COURT PROCEEDINGS - TRAFFIC OFFENSES
TRANSFER PAINT SCRAPINGS
LABORATORY TESTING
INFORMATION DECISION COST
TRAFFIC CLASSES PUBLIC SERVICE
INDEPENDENT SERVICE PROVIDERS
ATTORNEY'S FEES AND COSTS DO I NEED AN ATTORNEY?
ATTORNEY POLICIES
 Cases Outside Colorado Springs - Travel
No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal

Colorado Springs

FIRST CONSULTATION - NOTICE

El Paso County

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, & attorney is not the phone company 411 center for phone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline such requests.

Hit & run cases occur across Colorado - please refer to attorney travel. Travel Policies & Trade Area *  Itemized Travel Expenses *  Colorado Map
common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

TRAFFIC DEFENSE

DUI - DWAI - DEAC  *  Driving Under Restraint  *  No Operator's License  *  Speeding DMV DEFENSE DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Hit & Run  *  Compulsory Insurance License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *    *  Weaving - Roadways Laned for Traffic Habitual Offender  *  Interstate Compact
Minor - Alcohol Red Light - Stop Sign  *  Traffic Definitions  *  Traffic Infraction vs. Crime  *  Traffic Cameras Insurance SR-22 Interlock  Driving Records

 

Hit & Run Defense - Colorado Springs - leaving the scene of an accident, failure to stop & render aid
failure to report accident, duty upon striking unattended vehicle, paint scrapings analysis

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RIGHT TO REMAIN SILENT

NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS * THIRD PERSONS

        Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.  Consult with your attorney before talking.

IMPORTANT

retain an attorney to handle vehicle inspection by law enforcement officers
suspect should not be physically present at the time of vehicle inspection
When the police call or drop by, don't talk to them.  
Simply say at the outset that you wish to remain silent & want an attorney.
absent statements by the suspect, police may not be able to prove the Identity of the driver
 

RIGHT AGAINST UNREASONABLE SEARCH & SEIZURE
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS

        When a criminal suspect voluntarily gives permission for police or law enforcement to search, items found in that search will likely be admissible as evidence.  Conversely, searches without a warrant are presumed unlawful with some exceptions.  Evidence found as a result of an unlawful search may be suppressed (excluded from admission) as a fruit of the poisonous tree.

        Every citizen has the constitutional right to be free from unreasonable search and seizure.  Never consent to a search or seizure without advice of legal counsel.  Let law enforcement procure a warrant or face possible constitutional challenge to the evidence.

        Similarly, no other rights should be waived by any criminal suspect or defendant without advice from counsel.  If you aren't certain what your rights are at the time of the police request, simply say no - I need to speak to an attorney.

1.  Vehicle means any device which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks; but such term shall not include any farm tractor or any implement of husbandry designed primarily or exclusively for use and used in agricultural operations or any device moved by muscular power, or moved exclusively over stationary rails or tracks, or designed to move primarily through the air.  Source: COLJI 37(10) - that's a jury instruction.

2.  Motor Vehicle means any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways, but the term does not include motorized bicycles. For purposes of the offenses of vehicular homicide, driving under the influence, driving while impaired, or reckless driving for farm tractors operated on streets and highways, "motor vehicle" includes a farm tractor which is not otherwise classified as a motor vehicle.  Source COLJI 37(3)

3.  Driver means every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.  CRS 42-1-102(27)

4.  Attorney Note. Notice the verbiage distinction in laws.  Most refer to vehicle; a few references are made to motor vehicle.  This is intentional and has meaning.  Prosecutors are now charging "DUI Bicycle" and could charge "Bicycle Hit & Run"
 
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CRS 42-4-1601. Accidents involving death or personal injuries - duties.
                Attorney Note - major offense for purposes of habitual offender finding

        (1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible but shall immediately return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603(1). Every such stop shall be made without obstructing traffic more than is necessary. 
        (1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603(1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603(2) and 42-4-1606. 
        (2) Any person who violates any provision of this section commits: 
                (a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person; 
                (b) A class 5 felony if the accident resulted in serious bodily injury to any person; 
                (c) A class 4 felony if the accident resulted in the death of any person. 
        (3) The department shall revoke the driver's license of the person so convicted. 
        (4) As used in this section and sections 42-4-1603 and 42-4-1606: 
                (a) "Injury" means physical pain, illness, or any impairment of physical or mental condition. 
                (b) "Serious bodily injury" means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. 
        Refer to Sentencing page for more information.
        Refer to Nuisance Abatement page regarding forfeiture of vehicle.

CRS 42-4-1602. Accident involving damage - duty.
        (1) The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense. 
        (2) When an accident occurs on the traveled portion, median, or ramp of a divided highway and each vehicle involved can be safely driven, each driver shall move such driver's vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603. 
        Refer to Sentencing page for more information.

CRS 42-4-1603. Duty to give notice, information, and aid.  aka failure to stop & render aid
        (1) The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, the driver's address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person. 
        (2) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver's part to be performed, shall immediately report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1606 and submit thereto the information specified in subsection (1) of this section. 
        Refer to Sentencing page for more information.
        Refer to Nuisance Abatement page regarding forfeiture of vehicle.

CRS 42-4-1604. Duty upon striking unattended vehicle or other property.
        The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver's name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 
        Refer to Sentencing page for more information.

CRS 42-4-1605. Duty upon striking highway fixtures or traffic control devices.

CRS 42-4-1606. Duty to report accidents.  aka failure to report accident
        (1) The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603(1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603(2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat. 
        (2) Repealed. 
        (3) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department. 
        (4)    (a) (I) It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, "inflatable restraint system" has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1 (b). 
                    (II) Repealed. 
                (b) The law enforcement officer shall not be required to complete an investigation or file an accident report: 
                    (I) In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or 
                    (II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person. 
        (5) The person in charge at any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the name and address of the owner and operator of such vehicle together with any other discernible information. 
        (6) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 
        Refer to Sentencing page for more information.
        Refer to Nuisance Abatement page regarding forfeiture of vehicle.

CRS 42-4-1607. When driver unable to give notice or make written report
        (1) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in section 42-4-1606(1) and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall give or cause to be given the notice not given by the driver.
        (2) Repealed. 
        (3) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. 
        Refer to Sentencing page for more information.

CRS 42-4-1608. Accident report forms
        (1) The department shall prepare and upon request supply to police departments, coroners, sheriffs, and other suitable agencies or individuals forms for accident reports required under this article, which reports shall call for sufficiently detailed information to disclose, with reference to a traffic accident, the contributing circumstances, the conditions then existing, and the persons and vehicles involved.
        (2) Every required accident report shall be made on a form approved by the department, where such form is available.

42-4-1609. Coroners to Report
        Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the department the death of any person within such official's jurisdiction during the preceding calendar month as the result of an accident involving a motor vehicle and the circumstances of such accident. 

42-4-1610. Reports by interested parties confidential
        All accident reports and supplemental reports required by law to be made by any driver, owner, or person involved in any accident shall be without prejudice to the individual so reporting and shall be for the confidential use of the department; except that the department 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. Except as provided in section 42-7-504(2), no such report shall be used as evidence in any trial, civil or criminal, arising out of an accident; except that the department shall furnish, upon demand of any person who has, or claims to have, made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or failure to comply with the requirement that such a report be made to the department. This section shall not be construed to mean that reports of investigation or other reports made by sheriffs, police officers, coroners, or other peace officers shall be confidential, but the same shall be public records and shall be subject to the provisions of section 42-1-206. 

ACCIDENT REPORTS & OTHER DMV FORMS
State of Colorado accident report obsolete 8/4/04 * police now verify insurance at the accident scene
refer to above link for information, forms, state on-line accident report and CSPD Cold Report

        Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a State of Colorado Accident Report must be submitted to the DMV within 10 days of an accident. CRS 42-4-1609 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.  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.- refer to link for information.  If any of the below 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.

Hit and Run

DUI, DEAC or DWAI

DUR or DARP

        Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download
        DMV - State of Colorado Accident Report
        DMV - Evidence of Insurance
        DMV - Affidavit of Financial Responsibility
        DMV - FRA - Release from Liability
        DMV - FRA - Waiver of Security - Financial Responsibility
        DMV - Promissory Note Contract
        DMV - Affidavit - Out of State Residency - FRA SR-22 Avoidance
        Other DMV forms

        CSPD Accident Cold Report    due within 72 hours of accident  (large file - please be patient)
                Any person may obtain a hardcopy cold report from the CSPD Police Operations Center

 
 
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 final order in the District Court, either party make take the case on appeal to the Colorado Court of Appeals.  Refer to links for additional information.

HIT & RUN DEFENSE
 
 
POTENTIAL DEFENSES
hit and run convictions each carry 12 points
 
it appeared to be a clean getaway, but ....
drats - thwarted by sophisticated law enforcement technology & personnel

Defendant's Vehicle Not Involved in Accident

  1. Damage and transfer paint
            The suspect's vehicle may have damage and transfer paint on it the same color as that of the victim's vehicle or other damaged object.  That damage:
                a.)  may have occurred in the alleged hit and run accident, 
                b.)  may have been pre-existing damage with similar color transfer paint
            The victim's vehicle may have sustained damage and transfer paint from the vehicle which struck it. That transfer paint may appear to be the same as on the defendant's vehicle and:
                a.)  may be from the suspect's / defendant's vehicle
                b.)  may be from a third person's vehicle

  2. "Red paint is not red paint"
            Paint scrapings may be procured from both the defendant's vehicle and the victim's vehicle or other damaged item.
            Even paint batches of the same color applied by the same vehicle manufacturer will have slightly different chemical composition.
            Paint scrapings analysis - infrared spectroscopy and scanning electron microscopy with x-ray emission of the paints will reveal chemical composition and can prove whether or not the transfer and original paints are from the same batch.  Simply put - the red transfer paint on your white vehicle didn't come from this red vehicle belonging to defendant - exculpatory proof.

  3. Dust off your check book - time to pay an investigator to procure the paint samples and preserve chain of custody, and to pay the laboratory for for testing of paint scrapings by infrared spectroscopy and scanning electron microscopy with x-ray emission.  Refer to laboratory costs - it's quite expensive.  A series of tests are performed by the lab in search of exclusion.  As more tests are required to exclude, laboratory fees and costs increase.

 
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Defendant Not Driving

  1. The State must prove beyond a reasonable doubt that the defendant was the person driving a vehicle involved in the alleged accident.
            It is common for a eyewitness to record the license number of the vehicle leaving the scene, however not recall any particulars regarding the driver - including but not limited to sex, age, race or physical appearance.

  2. Law enforcement officers are not required to offer Miranda warnings unless an interrogation (questioning) takes place in a custodial setting.  They therefore frequently attempt to ask questions regarding ownership and usage of the vehicle, perhaps by phone when the suspect is caught totally unaware.  Arrest by phone is a tough argument for defense counsel regarding custodial setting.  Police may then include a request for an in person interview at the station, with an invitation to come arrest and book through the jail house if the suspect's cooperation is not forthcoming.
            This attorney recommends the suspect exercise his / her rights to silence and the presence of counsel.
            If the officer intends to arrest, the defendant can make prior arrangements with a bail bondsman to reduce the amount of time from initial booking to release.  Refer to the Bail Bond page.
            Arrest without sufficient evidence to convict is preferable to admissions which may ultimately lead to conviction.

  3. Law enforcement officers can obtain a court order to produce the vehicle, however they frequently intimidate the owner by threatening to use production and damage assessment.  
            This attorney recommends production of the vehicle at counsel's office or a private investigator's office.
            Defendant client is not available to the law enforcement officer for questioning, only the vehicle for inspection
            Intimidation and admissions can not occur if the vehicle owner / client is not present
            This attorney has seen law enforcement officers photograph a client's vehicle and take measurements, however in 25+ years of traffic practice, I have never seen the State procure paint scrapings and conduct electrophoresis testing regarding a hit and run charge.

  4. The defendant may have an alibi - other location at the time of the alleged incident.

 
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Burden of Proof.  The state must prove each and every element of the offense charged beyond a reasonable doubt.  If a factual defense exists such as wrong transfer paint or someone else driving, it's a good idea to preserve and present the evidence necessary to convince a jury of your claims.  You may even convince the prosecutor that the state's case is so weak, they drop charges before trial.

AUTOMATED TRAFFIC ENFORCEMENT - TRAFFIC CAMERAS
relevant links

Local Traffic Cams Automated Traffic Enforcement Traffic Cam Information Colorado Statute DMV Point Structure Traffic Defense

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

COMPLETION CERTIFICATE FORMS
Alcohol Education, Alcohol Therapy, Public Service, AA Meetings, Antabuse - disulfirum, deferred sentence, probation
Colorado traffic & criminal trial practice
25+ years Colorado State Courts & Colorado Springs Municipal Court
DUI - DWAI - DEAC Defense   *   *   Driving Under Restraint Defense   *   *   Speeding Ticket Defense

**  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

 Regarding completions forms:

  1. 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. 

  2. 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.        

  3. Use of any form shall not constitute representation, nor shall it be considered an appearance of counsel in any litigation

THIS WEBSITE IS PUBLISHED AS A COURTESY BY A PRIVATE ATTORNEY
NOT
VIP-MADD, AA, ALCOHOL EDUCATION PROGRAM OR PUBLIC SERVICE AGENCY
I welcome representation inquiries, but please don't call thinking this office provides identified community resources

HIT & RUN DEFENSE
DO I NEED AN ATTORNEY?

 

Do I need an attorney?

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

You need not retain my services, but hire counsel.  And - and do it now - BEFORE you speak to law enforcement officers.  If you've already made statements, counsel will deal with the facts and circumstances as they exist when retained.

If convicted of any hit and run offense, you could anticipate policy termination or significant increase in your insurance premiums - probably over a period of 3 - 5 years.
Contact your insurance company underwriters to learn more of the potential consequences.

ATTORNEY'S FEES AND COSTS
HIT & RUN TICKET DEFENSE
Secure On-Line Payment

     

        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
HIT & RUN TICKET DEFENSE
SETTLEMENT FLAT FEE
would be deducted from trial flat fee
*property damage - no personal injury
and
no paint testing by laboratory 
$1,250*
 
 
 
TRIAL FLAT FEE
settlement fee would be deducted
 
*property damage - no personal injury
and
no paint testing by laboratory 
 
$3,000*
 
 
 

I generally offer hourly fees or a settlement flat fee.  Most hit & run cases plea bargain and do not proceed to trial.  The settlement flat fee would be dependent upon the facts and circumstances of the case, however the above would be a common quote.  This shall neither constitute an offer, nor be construed as a binding estimate.
Notice: Nuisance Abatement and forfeiture of vehicle would be subject to an independent fee quote.

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

frequent trust deposit request regarding fees & costs

 

PAYMENT
Secure On-Line 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
 
$       1,250  
$          275  
 
settlement common trust deposit request
including attorney's fees & litigation costs - excluding travel
excluding private investigator or laboratory paint testing
*property damage - no personal injury, no private investigator & no paint testing by laboratory
map * travel policy - time & expenses * travel rates
settlement trust deposit would be deducted from trial trust deposit
 

OR

$1,525*

 

Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES

LITIGATION COSTS DEPOSIT
 
$       3,000  
$          500  
 
trial common trust deposit request
including attorney's fees & litigation costs - excluding travel
excluding private investigator or laboratory paint testing
*property damage - no personal injury, no private investigator & no paint testing by laboratory
Additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation expenses solidify
map * travel policy - time & expenses * travel rates

$3,500*

hit & run ticket defense
* this shall not constitute an offer, nor be construed as a binding estimate

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

MAJOR CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED
Secure On-Line Payment
THIRD PARTY PAYMENT AUTHORIZATION

charge card merchant discount

 
PARTIAL LIST OF POTENTIAL COSTS
out of pocket costs are the responsibility of the client
note: costs change & below cost information may be obsolete
link to Colorado Judicial Branch website -  current costs information published by state
COLORADO STATE COURT COSTS
direct link to criminal or traffic court costs - costs change & lists may be obsolete
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
1,000 - 4,000
 
  Laboratory - paint scrapings testing
      infrared spectroscopy and scanning electron microscopy with x-ray emission
2,000
 
  Laboratory - Toxicologist testimony hourly fees and travel mileage  -  rates as of 5/24/05
      misdemeanor hourly rate $250 - 5 hours travel time + minimum 1.5 hours court time
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 costs
60.00   DMV reinstatement fee
4.40   DMV clearance letter - certified copy of Colorado driving abstract
500.00   Private Investigator initial retainer - if relevant
     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

Laboratory testing of transfer paint scrapings is expensive, but will determine whether the paint was in fact transferred between defendant's vehicle and the vehicle alleged to have been hit.  It is not uncommon for a person to have a minor fender bender and be fearful of the spouse's wrath or insurance consequences.  Picking out a vehicle of similar color to the transfer paint is a convenient excuse.  That's where the lab cost rub comes into play.  Likewise an investigator is expensive, but can make the difference in developing weaknesses in the state's case.  Absent alcohol, the lab or private investigator expense, all that remains are a few records, a background search, some 35mm film, and maybe an 8mm video tape unless the case goes to trial.  Your potential consequences, your pocketbook, your call.

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.

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
DOR * DMV LICENSE HEARING
SUSPENSION
  *  REVOCATION  *  DENIAL
  Colorado Springs Attorney Robert D. Gustafson
common quote - limited flat fee

$650

this shall neither constitute an offer, nor be construed as a binding estimate
DMV limited flat fee would be dependent upon the facts and circumstances of the case

A DMV limited flat fee would likely be offered.  Additional hours necessitated by continuance requested by police or by subpoena procurement are billed at hourly rates.  A client may retain the attorney's services in a DUI or traffic criminal case without asking for assistance at DMV proceedings.  Attorney does not undertake representation in DMV proceedings until the DMV limited flat fee has been paid, and full payment is required at least *seven (7) days in advance of hearing.  Fees beyond the DMV limited flat fee would be unusual.

 

Attorney will initially make an option offer of 1.) billing to be upon hourly fees, or in the alternative, 2.) quote of a hearing flat fee per above.  Offered fee options will be up to the client, however client's initial election will be final.  Hourly fee billings are based solely upon time, and may be more or less than the offered flat fee.  Hourly fees are not capped at the limited flat fee.  Attorney reserves the right to quote hourly fees only without a flat fee offer.  Attorney reserves the right to decline any case.

 

* Applicable case law, statutes, rules of civil procedure, and Department of Revenue or Department of Health regulations contain mandatory time constraints, are complex and are generally unfavorable to the driver. The above 7 day hiring limitation is based solely upon client control over fees paid at time attorney is retained in the criminal case and upon avoidance & resolution of attorney calendar conflicts.  Prospective clients are notified 7 days is insufficient time to prepare an adequate license hearing defense which involves DMV discovery or DOR issuance of subpoena (compelling testimony) or subpoena duces tecum (compelling testimony & production of documents or evidence).  Delay in retaining attorney may prejudice the defense. Whether the underlying basis is alcohol related or not, time is critical in DOR hearings regarding suspension, revocation or denial of Colorado driving privileges.

 

DOR hearing fee Estimate Caveats.  If collateral attack is required, the attorney would need to know more about the number and locations of underlying court cases to be attacked before offering a DOR hearing fee.  Legal research and research time would increase the estimates.

 

Non-Alcohol

Alcohol

Habitual Offender

Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits. 

Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.

trust deposit for anticipated fees & costs is due when retained

attorney does not accept installment payments

regular billings are scheduled on the 1st and 15th
if fees and costs are not paid as agreed, representation is withdrawn

MAJOR CREDIT CARDS ACCEPTED
PAYPAL ACCEPTED
Secure On-Line Payment
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
COMPARE HOURLY - FLAT FEES CLIENT'S ELECTION - FINAL TRAVEL TIME & EXPENSES
SECURITY FOR FEES & COSTS TRUST ACCOUNT WITHDRAWAL OR TERMINATION
CLIENT DUTY TO DISCLOSE OMISSION OR NON-DISCLOSURE ALTERNATIVES
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
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

Attorney Welcomes
third party payment authorization
charge card merchant discount
 

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

Attorney Policies
Litigant Pro Se - Attempt to Prepare Defense of Own Traffic or Criminal Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case 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 adequately prepare your case or 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 preparation or 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.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your traffic or criminal case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept 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 adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current traffic or criminal case.  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, meritorious issues & rulings. That's been my policy for years.  Please do not call or inquire regarding post sentencing matters if you are not a former client. 

Alternatives
FIND A LAWYER

This includes plea to 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.

 

Exceptions.  If the underlying criminal case qualifies, refer to sealing criminal records.  I accept 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, I also accept meritorious collateral attack cases.

 
 
 

ATTORNEY TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
 
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big state
ease of internet access, email & toll free phone doesn't change that fact

 

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are out of state or unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

Colorado MAP
Southern Colorado Area

If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case.

COUNTIES

CITIES / TOWNS

El Paso County

Colorado Springs / Manitou Springs / Fountain

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.

Chaffee County

Salida

Crowley County Ordway Metro Denver Area
Custer County Westcliffe COUNTIES CITIES / TOWNS
Douglas County Castle Rock City and County of Denver Denver
Elbert County Kiowa / Simla Adams County Brighton / Thornton / Federal Heights
Fremont County Canon City / Florence / Penrose Arapahoe  County Court   District Court Littleton / Centennial / Englewood
Huerfano County Walsenburg Arapahoe County - East Aurora
Las Animas County Trinidad Broomfield County Broomfield
Lincoln County Hugo (county seat) / Limon Gilpin County Blackhawk / Central City
Otero County La Junta Jefferson County Golden / Wheat Ridge
Park County Fairplay
Pueblo County Pueblo
Teller County Cripple Creek / Woodland Park

BEFORE USING ANY INFORMATION IN THIS WEBSITE, PLEASE REFER TO THE BELOW LINKS
NOTICE AND DISCLAIMER
HomePage Disclaimer
 information to website visitors
ATTORNEY ETHICS & CLIENT DISCLOSURES
Prior Convictions or Bad Acts
important warning information before disclosure
CONTACT & PRIVACY
Confidentiality & Privacy Policy
email, and cordless, wireless or cell phones

please feel free to call or email if you are a client or are seeking representation

FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve the right to decline any legal matter

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hit and run, hit and run defense, leaving the scene of an accident, failure to stop & render aid, failure to report accident, duty striking unattended vehicle, paint scrapings analysis, ticket, traffic ticket, Colorado Springs, El Paso County, Colorado, lawyer, attorney
 

Serving Colorado Springs Area Zip Codes

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