Robert D. Gustafson, Attorney At Law COLORADO SPRINGS TRIAL LAWYER
6538 Charter Drive Colorado Springs, CO 80918-1335 Phone (719) 260-1002 Toll Free (800) 410-1002 E-MAIL    ATTORNEY		Attorney Business Hours Attorney Availability Status FREE INITIAL CONSULTATION   Fax (719) 260-1003
COLORADO SPRINGS MIP DEFENSE MINOR IN POSSESSION UNDERAGE POSSESSION - CONSUMPTION OF ALCOHOL
WELCOME I appreciate your interest perhaps I will become your attorney

Minor in Possession MIP Colorado Springs - Underage Alcohol Possession or Consumption of Alcohol - Colorado Springs. breath test, Intoxilyzer 5000, preliminary breath test, PBT, breathalyzer, blood alcohol test, blood test, BAC, sobriety test, alcohol education class, deferred sentence, probation, driver's license suspension, driver license suspension, license hearing, driver license, suspension, revocation, hearing, Colorado DMV, Colorado DOR, Colorado state courts. Colorado Springs Attorney.

        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.  Roadside sobriety testing is a search in the constitutional sense which can and should be refused whether intoxicated or stone cold sober.  Law enforcement officers have no obligation to advise you of your right to refuse, but it exists - exercise your rights and politely decline with a simple no.  This also applies to a PBT - preliminary breath test equipment which may be produced by an officer on scene, intoxilyzer breath test at the police station or blood draw.  If you have not been drinking, upon release immediately proceed to a hospital or laboratory and have blood drawn with a legal chain of custody.

        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.

        Defense attorneys frequently see the police report phrase: "suspect was cooperative."  Law enforcement officers will do what they will do regardless of your cooperation - it won't help and may likely hurt your court case defense.  This attorney advises clients to remain silent and be courteous, calm and in control of your emotions.  Politely decline any police requests, making the statement you need to consult with legal counsel before giving a response, and request presence of an attorney.  You have the right to presence of and advice of defense counsel.  Exercise your rights.

        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.

COLORADO UNDERAGE ALCOHOL   STATEMENTS CONFESSIONS OF A MINOR  ** ADMISSIBILITY   PETTY OFFENSE COLORADO STATE COURTS County Court  *  El Paso County State Court Proceedings MIP Petty Offense Statements of  Minor Sentencing Sealing MIP Records DUI Defense DMV MIP License Defense Forms Addresses DMV - Baby DUI DMV - Baby DEAC Legal Research Fact Sheet Attorney Travel Attorney Fees & Costs

CRS 19-2-511. Statements
        (1) No statements or admissions of a juvenile shall be admissible in evidence against such juvenile unless a parent, guardian, or legal or physical custodian of the juvenile was present at such interrogation and the juvenile and his or her parent, guardian, or legal or physical custodian were advised of the juvenile's right to remain silent and that any statements made may be used against him or her in a court of law, of his or her right to the presence of an attorney during such interrogation, and of his or her right to have counsel appointed if he or she so requests at the time of the interrogation; except that, if a public defender or counsel representing the juvenile is present at such interrogation, such statements or admissions may be admissible in evidence even though the juvenile's parent, guardian, or legal or physical custodian was not present.
        (2) (a) Notwithstanding the above subsection statements or admissions of a juvenile may be admissible in evidence, notwithstanding the absence of a parent, guardian, or legal or physical custodian, if the court finds that, under the totality of the circumstances, the juvenile made a knowing, intelligent, and voluntary waiver of rights and:
                (I) The juvenile is eighteen years of age or older at the time of the interrogation or the juvenile misrepresents his or her age as being eighteen years of age or older and the law enforcement official acts in good faith reliance on such misrepresentation in conducting the interrogation;
                (II) The juvenile is emancipated from the parent, guardian, or legal or physical custodian; or
                (III) The juvenile is a runaway from a state other than Colorado and is of sufficient age and understanding.
            (b) "Emancipated juvenile" is defined in CRS 19-1-103 (45). 
        (3) Notwithstanding the above subsection, statements or admissions of a juvenile shall not be inadmissible in evidence by reason of the absence of a parent, guardian, or legal custodian if the juvenile was accompanied by a responsible adult who was a custodian of the juvenile or assuming the role of a parent at the time.
        (4) "Physical custodian" is defined in CRS 19-1-103 (84).
        (5) The juvenile and his or her parent, guardian, or legal or physical custodian may expressly waive the requirement that the parent, guardian, or legal or physical custodian be present during interrogation of the juvenile. This express waiver shall be in writing and shall be obtained only after full advisement of the juvenile and his or her parent, guardian, or legal or physical custodian of the juvenile's rights prior to the taking of the custodial statement by a law enforcement official. If said requirement is expressly waived, statements or admissions of the juvenile shall not be inadmissible in evidence by reason of the absence of the juvenile's parent, guardian, or legal or physical custodian during interrogation. A county social services department and the department of human services, as legal or physical custodian, may not waive said requirement.
        (6) Notwithstanding the above subsection, statements or admissions of a juvenile shall not be inadmissible into evidence by reason of the absence of a parent, guardian, or legal or physical custodian, if the juvenile makes any deliberate misrepresentations affecting the applicability or requirements of this section and a law enforcement official, acting in good faith and in reasonable reliance on such deliberate misrepresentation, conducts a custodial interrogation of the juvenile that does not comply with the requirements of subsection (1).

        Delinquency Adjudication Triggers Rights.  The requirements of the statute do not apply to interrogation of a child by a law enforcement official concerning traffic offenses which could not result in the child's being adjudicated a delinquent. People v. Maynes, 39 Colo. 158, 562 P.2d 756 (1977).  Although these proceedings are commenced in county court, not juvenile court and do not alleged delinquency, it would be this attorney's argument that the rights apply to these offenses as conviction could be the basis of a petition in delinquency and CRS 12-47-901(5) specifically provides for charging contributing to the delinquency of a minor.

        Statements - Protection.  The clear purpose in enacting CRS 19-2-511 is to afford a special protection to a juvenile who is in police custody because of alleged criminal acts.  People v. Maes, 194 Colo. 235, 571 P.2d 305 (1977); People in Interest of R.L.N., 43 Colo. App. 542, 605 P.2d 491 (1980).  The statute provides an additional and necessary assurance that the juvenile's fifth amendment right against self-incrimination and his sixth amendment right to counsel will be fully afforded to him.  People v. Maes, supra; People v. Lee, 630 P.2d 583 (Colo. 1981), cert. denied, 454 U.S. 1162, 102 S. Ct. 1036, 71 L.Ed.2d 318 (1982). It was enacted to safeguard the privilege against self-incrimination, the same privilege protected by Miranda, and the "fruit of the poisonous tree" doctrine on the inadmissibility of evidence obtained by unconstitutional police action applies to its violation.  People v. Saiz, 620 P.2d 15 (Colo. 1980).  The warnings incorporated in a Miranda advisement have been codified in the juvenile context by CRS 19-2-511 together with the requirement that the juvenile be accompanied by a parent, guardian, or custodian during the advisement and interrogation.  People v. T.C., 898 P.2d 20 (Colo. 1995).  The statute does not require that a juvenile be warned that his statements will be used against him, or that a juvenile be advised that he has the right to terminate the questioning at any time. People in Interest of M.R.J., 633 P.2d 474 (Colo. 1981).  Juveniles are entitled to the right of written notice, the right to counsel, the privilege against self-incrimination, and the right of confrontation and cross-examination of witnesses in delinquency adjudications. In re Gault, 387 U.S. 1, 14 (1967)

        Custodial Interrogation Required.  Interrogation conducted via telephone not custodial since police officer could not exercise immediate control over juvenile.  Juvenile not entitled to protection statute. People in Interest of J.C., 844 P.2d 1185 (Colo. 1993). The statutory limitations apply only when a child is in temporary custody or under detention, as those terms are used in the children's code.  People v. Maynes, 39 Colo. 158, 562 P.2d 756 (1977); People v. L.A., 199 Colo. 390, 609 P.2d 116 (Colo. 1980); People in Interest of G.L., 631 P.2d 1118 (Colo. 1981). Although not expressly so limited, it is clear that the statute concerns questioning of a child while in temporary custody or under detention.  People v. Maynes, 39 Colo. 158, 562 P.2d 756 (1977).  Under Miranda and the statute, the decisive stage for the warnings is custodial interrogation, i.e., questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.  People v. Lee, 630 P.2d 583 (Colo. 1981), cert. denied, 454 U.S. 1162, 102 S. Ct. 1036, 71 L.Ed.2d 318 (1982).

        Blurb Rule.  Parent not required to be present when juvenile makes voluntary statements to police after police ended interrogation with parent because of request for counsel.  People v. Rivas, 13 P.3d 315 (Colo. 2000).

        Color of Authority - Statements to or Search by Third Persons.  The exclusionary rule of the statute does not apply to a child's statement made to a treating physician when that statement is not the result of an interrogation by a law enforcement official. People in Interest of R.G., 630 P.2d 89 (Colo. App. 1981). Whether or not an individual conducting a search is an agent of the police and thus "a law enforcement official" under subsection (1) is determined by the totality of the circumstances. The fact that the police officer supplied information to the school principal with the intent of initiating a search and that he was present on school premises during the investigation do not support a finding that the principal and security officer acted as agent of "a law enforcement official". People in Interest of P.E.A., 754 P.2d 382 (Colo. 1988); People in Interest of F.M., 754 P.2d 390 (Colo. 1988).

       Voluntariness of Waiver.  Factors in determining voluntariness of confession. In determining whether a juvenile's confession is voluntary, the primary factors to be considered are the juvenile's age, experience, background, and intelligence, his capacity to understand the warnings given him, the nature of his fifth amendment rights, and the consequences of waiving those rights.  People in Interest of M.R.J., 633 P.2d 474 (Colo. 1981).  Once the issue of voluntariness has been raised, the prosecution has the burden of establishing by a preponderance of the evidence that the statements were made voluntarily.  People in Interest of M.R.J., 633 P.2d 474 (Colo. 1981).

        Voluntary Confession - Custodial Interrogation.  The juvenile and his parents waived their right to consult with an attorney and orally waived their right to parental attendance at the interrogation, and the interviewing detective's "soft technique", if any, did not constitute improper coercion despite noncompliance with requirement that waiver of parental attendance be in writing.  People v. Grant, 30 P.3d 667 (Colo. App. 2000).

        Juvenile Lies About Age - Majority.  A former case held there was no exception for juveniles who lie about their age to the police, claim to be adults, and the police act in good faith.  That loophole was cured by amendment - see CRS 19-2-511(2)(a)(I).  Nicholas v. People, 973 P.2d 1213 (Colo. 1999) is now moot.

        Admissibility Factors - Totality of Circumstances.  Whether statements obtained during custodial interrogation are admissible depends upon the totality of the circumstances surrounding the interrogation.  People in Interest of M.R.J., 633 P.2d 474 (Colo. 1981).  Simply reciting the warnings required by CRS 19-2-511 does not sever the connection between illegal questioning and subsequently incriminating statements.  People v. Saiz, 620 P.2d 15 (Colo. 1980).  Although the lack of a Miranda warning creates a presumption of compulsion, the presumption can be rebutted and the initial statement shown to be voluntary in light of the totality of the circumstances.  People v. T.C., 898 P.2d 20 (Colo. 1995).

        "Stop" Statement.  Where a minor defendant responded to one of the officer's questions by stating, "I ain't going to say nothing no more", but the officers continued to urge defendant to tell the truth, a statement gained by those urgings was suppressed.  People v. Saiz, 42 Colo. App. 469, 600 P.2d 97 (1979).

        Meaningful Adult Assistance.  The statutory requirement of the presence of a parent or guardian at the interrogation of a child by law enforcement officers is designed to provide parental guidance and assistance to the child and thereby to provide at least some minimal assurance that a child's waiver of his right against self-incrimination is knowingly and intelligently made.  People in Interest of L.B., 33 Colo. App. 1, 513 P.2d 1069 (1973).

        Who Qualifies as a Custodian?  Physical custodians under the statute must be limited to the adult or adults with whom the child resided immediately prior to the arrest and custodial interrogation. If an adult is functioning as a current physical custodian for the child at the time of the interrogation, a protective relationship sufficient to satisfy the legislative purposes presumptively exists.  People v. Legler, 969 P.2d 691 (Colo. 1998).

        Hostile or Adverse Interests.  If the adult appearing with the juvenile has interests that are objectively hostile to those of the juvenile and cannot aid the juvenile in making a knowing, intelligent, and voluntary waiver of his or her constitutional rights, the juvenile is deprived of the protections of CRS 19-2-511.  People v. Legler, 969 P.2d 691 (Colo. 1998).  Where interest of parents is obviously adverse to interests of minor, they are disqualified to act under the provisions of CRS 19-2-511.  People in Interest of P.L.V., 176 Colo. 342, 490 P.2d 685 (1971); People v. Hayhurst, 194 Colo. 292, 571 P.2d 721 (1977).  It is implicit that a child involved in the commission of an offense should be afforded protective counseling concerning his legal rights from one whose interests are not adverse to those of the child, to the end that any statements made by the child be given voluntarily, knowingly, and intelligently.  People v. McAnally, 192 Colo. 12, 554 P.2d 1100 (1976); People v. Legler, 969 P.2d 691 (Colo. 1998).  Counselors of a school for boys cannot be considered the neutral counselors contemplated the statute.  People v. McAnally, 192 Colo. 12, 554 P.2d 1100 (1976).  The fact that the father was upset with his son's possible involvement in a crime does not mean that their interests were necessarily adverse.  People v. Hayhurst, 194 Colo. 292, 571 P.2d 721 (1977).

        Parental Incarceration. Where parent is himself incarcerated, his ability to guide and advise the child is hobbled and restrained by his own circumstances to such an extent that his mere physical presence does not satisfy the requirements of CRS 19-2-511 concerning confessions of a child because  the parent must be in a position to give advice freely, and a parent who is himself incarcerated is in no such position. People in Interest of L.B., 33 Colo. App. 1, 513 P.2d 1069 (1973). A child's confession is inadmissible where the child receives inadequate guidance because the parent is present but also incarcerated, or where a counselor or caseworker is substituted for the parent. People in Interest of M.M., 43 Colo. App. 65, 599 P.2d 968 (1979).

        Parental Error does not Excuse Police Wrongdoing. Where the police were actively involved in the continued urging of minor defendant "to tell the truth", the fact that the defendant's parents made similar requests did not absolve the police of any wrongdoing, or allow them to disregard defendant's exercise of his right to cut off questioning. People v. Saiz, 42 Colo. App. 469, 600 P.2d 97 (1979)

        Waiver of Parental Attendance. The statute requires that a waiver of the right to parental attendance must be express, in writing, and obtained after a Miranda advisement; however, it does not require that the writing be signed. People v. Grant, 30 P.3d 667 (Colo. App. 2000). Although the statute does not require a signature on the written waiver of parental attendance, the written waiver must in some manner be attributable to the person against whom it is to be enforced. A signature on the document obviously is the most direct means to demonstrate this, but it is not the only way for one to acknowledge or ratify the document. Id.

        Parental Testimony - Permissive. The statute does not require that parents, irrespective of the rules of evidence, be permitted to testify concerning all statements made by their child during an interrogation at which they were present. People v. Raibon, 843 P.2d 46 (Colo. App. 1992).

        Appointment of Attorney. The only effective means of implementing the purposes of this statute in situations where person appearing with juvenile is neutral or hostile to the juvenile's interests is to appoint counsel. People v. Maes, 194 Colo. 235, 571 P.2d 305 (1977). The statute provides for the presence of an attorney, or the public defender, at the interrogation. People v. McAnally, 192 Colo. 12, 554 P.2d 1100 (1976). Appointment of counsel does not alleviate the necessity for compliance with CRS 19-2-511 where counsel was not present at the time of the confession. People in Interest of M.M., 43 Colo. App. 65, 599 P.2d 968 (1979). Attorney guardian ad litem who was familiar with the juvenile and his familial and criminal background was qualified to appropriately serve the interests of the juvenile. Fact that the guardian was originally appointed to represent juvenile in custodial proceeding was not dispositive of whether guardian could also adequately represent juvenile defendant during custodial interrogation. People v. S.M.D., 864 P.2d 1103 (Colo. 1994).

        Request for Counsel - Must be Unambiguous. Child's execution of financial eligibility form and interview by member of public defender's office did not constitute an unambiguous invocation of the right to counsel. Under totality of the circumstances, statement by juvenile's mother to police concerning public defender representation simply indicated mother's concern over legal representation in light of financial circumstances, and was not a clear assertion of right to counsel. People v. Grant, 30 P.3d 667 (Colo. App. 2000).

        Emancipation. The trial court appropriately found that the juvenile was emancipated where the juvenile had been on his own for three months and had not been receiving financial support from his mother, therefore absence of the juvenile's parent at custodial interrogation did not require the court to suppress the juvenile's statement. People v. Lucas, 992 P.2d 619 (Colo. App. 1999). Trial court properly held that juvenile was emancipated even though legal and physical custody of the juvenile had been placed with the department of human services. The language of CRS 19-2-511 implicitly recognizes that a juvenile may be emancipated from the custody of someone other than the parent, including the state. Id.

        Violation - Remedy. The remedy for a violation of CRS 19-2-511 is suppression of the statements obtained. However, that remedy applies only to statements made as a result of custodial interrogation. People v. T.C., 898 P.2d 20 (Colo. 1995). Statements and admissions made to the police by a juvenile in the course of a criminal investigation are not admissible in evidence against a juvenile unless the special protection contemplated by the statute is provided. People v. Maes, 194 Colo. 235, 571 P.2d 305 (1977). Child's confession, obtained without compliance with CRS 19-2-511 was inadmissible, and the court should have granted the child's motion to suppress the confession. People in Interest of L.B., 33 Colo. App. 1, 513 P.2d 1069 (1973).

        Runaways from Out of State. Statements from a juvenile who is a runaway from another state are admissible if the juvenile is of sufficient age and understanding. Sufficient age and understanding refers to the juvenile's ability to understand his or her constitutional rights and to make a knowing, intelligent, and voluntary waiver. People v. Blankenship, 30 P.3d 698 (Colo. App. 2000). Runaway is defined as an unmarried person under the age of 18 and who ran away from home or is otherwise beyond parental control. Id.

        Fruits of the Poisonous Tree. Physical evidence which is fruit of statement improperly obtained from juvenile is inadmissible. People v. Saiz, 42 Colo. App. 469, 600 P.2d 97 (1979).

        Search and Seizure. The same test is applicable to the validity of the search whether the consenting party is an adult or a juvenile with the one exception noted in CRS 19-2-511(1)). That is, a parent, guardian, or legal custodian of the child must be present and freely and intelligently give his consent. Although this statute refers specifically to "statements and admissions", and requires that the interrogating officer afford both the juvenile and his parent, guardian, or legal custodian full fifth amendment protection, the juvenile is entitled to comparable protection in connection with the waiver of his fourth amendment rights. People v. Reyes, 174 Colo. 377, 483 P.2d 1342 (1971). The statute applies only to consent searches and not to searches incident to a lawful arrest. People in Interest of S.J.F., 736 P.2d 29 (Colo. 1987). The statute is not applicable to a search consented to by a minor in a non-custodial setting. People in Interest of S.J., 778 P.2d 1384 (Colo. 1989).

"DON'T TEST ME - I'M DRINKING" attorney notation: multiple sections have been omitted or summarized for brevity refer to statutes for full text

Absent a court order, it's unlawful for law enforcement to enter a bar and request patrons to submit to BAC chemical testing.  I've thrown in this statute just as a tidbit of trivia.   CRS 12-47-902. Testing for intoxication by law enforcement officers - when prohibited         (1) No person who is patronizing a licensed premises as defined in sections 12-47-103 (14) and 12-46-103 (3) shall be required or solicited by any law enforcement officer to submit to any mechanical test for the purpose of determining the alcohol content of such person's blood or breath while such person is upon such licensed premises except to determine if there is a violation of section CRS 42-4-1301 by a driver of a motor vehicle unless the law enforcement officer is acting pursuant to a court order obtained in the manner described in subsection (2) of this section. No such test may be performed upon any licensed premises to obtain evidence of alleged intoxication, except pursuant to a court order as provided in this section or in case of a medical emergency, regardless of whether such alleged intoxication is a violation of any provision of this article.         The balance of the statute pertains to request for or issuance of an ex parte (without notice) order to permit any law enforcement officer to solicit any person who is patronizing a licensed premises to submit to any mechanical test for the purpose of determining the alcohol content of such person's blood or breath while such person is upon such licensed premises.  Penalty is $250 fine as provided above in CRS 12-47-903.

FIND A LAWYER ANYWHERE    MIP Defense Overview Page Top

COLORADO UNDERAGE ALCOHOL   MIP - MINOR IN POSSESSION UNDERAGE POSSESSION OF ALCOHOL UNDERAGE CONSUMPTION OF ALCOHOL   PETTY OFFENSE COLORADO STATE COURTS County Court  *  El Paso County attorney notation: multiple sections have been omitted or summarized for brevity - refer to statutes for full text State Court Proceedings MIP Petty Offense Statements of  Minor Sentencing Sealing MIP Records DUI Defense DMV MIP License Defense Forms Addresses DMV - Baby DUI DMV - Baby DEAC Legal Research Fact Sheet Attorney Travel Attorney Fees & Costs

CRS 18-13-122. Illegal possession or consumption of 
ethyl alcohol by an underage person
        (1) As used in this section, unless the context otherwise requires:
            (b) "Ethyl alcohol" means any substance which is or contains ethyl alcohol.
            (c) "Possession of ethyl alcohol" means that a person has or holds any amount of ethyl alcohol anywhere on his person, or that a person owns or has custody of ethyl alcohol, or has ethyl alcohol within his immediate presence and control.
            (d) "Private property" means any dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public. "Private property" shall not include:
                (I) Any establishment which has or is required to have a liquor license 
                (II) Any establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or
                (III) Any establishment which leases, rents, or provides accommodations to members of the public generally.
        (2) (a) Any person under twenty-one years of age who possesses or consumes ethyl alcohol anywhere in the state of Colorado commits illegal possession or consumption of ethyl alcohol by an underage person. Illegal possession or consumption of ethyl alcohol by an underage person is a strict liability offense.
            (b) Illegal possession or consumption of ethyl alcohol by an underage person shall be punished by a fine of not more than one hundred dollars. The court, upon sentencing a defendant pursuant to this paragraph (b), may, in addition to any fine, order that the defendant perform up to twenty-four hours of useful public service, subject to the conditions and restrictions of CRS 18-1.3-507, and may further order that the defendant submit to and complete an alcohol evaluation or assessment, an alcohol education program, or an alcohol treatment program at such defendant's own expense.
        (3) Affirmative defenses:
            (a) Private property with consent of owner and parents
            (b) Lawful confectionery (candy) or medicinal or hygienic purposes which contained less than one-half of one percent of ethyl alcohol by weight
        (4) The possession or consumption of ethyl alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment to the United States constitution.
        (5) Prima facie evidence:
            (a) Evidence that the defendant was under the age of twenty-one years and possessed or consumed ethyl alcohol anywhere in this state; or
            (b) Evidence that the defendant was under the age of twenty-one years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in this state.
        (6) During any trial for a violation of subsection (2) of this section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay. A jury or a judge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as "beer", "ale", "malt beverage", "fermented malt beverage", "malt liquor", "wine", "champagne", "whiskey" or "whisky", "gin", "vodka", "tequila", "schnapps", "brandy", "cognac", "liqueur", "cordial", "alcohol", or "liquor" shall constitute prima facie evidence that the contents of the bottle, can, or other container was composed in whole or in part of ethyl alcohol.
        (7) A parent or legal guardian of a person under twenty-one years of age or any natural person who has the permission of such parent or legal guardian may give or permit the possession and consumption of ethyl alcohol to or by a person under the age of twenty-one years under the conditions described in paragraph (a) of subsection (3) of this section. 
        (11) If testing is conducted on state certified equipment, BAC test results are admissible at trial.
        (12) Official records of the department of public health and environment relating to the certification of breath test instruments, certification of operators and operator instructors of breath test instruments, certification of standard solutions, and certification of laboratories shall be official records of the state. 
        (13) The court shall take judicial notice of methods of testing a person's blood, breath, saliva, or urine for the presence of alcohol and of the design and operation of devices certified by the department of public health.  The prosecution must establish that the testing devices were working properly and that such testing devices were properly operated.  Defendant may challenge the accuracy of testing devices.
        (14) No law enforcement officer shall enter upon any private property to investigate any violation of this section without probable cause.

The MIP statute is primarily used when law enforcement officers bust a party at a private residence.

QUICK SENTENCING GRID    
CRS 18-13-122 - MIP
Underage Possession or Consumption of Ethyl Alcohol
Unclassified Petty Offense

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COLORADO UNDERAGE ALCOHOL   OTHER COLORADO ALCOHOL OFFENSES    MISDEMEANOR & PETTY OFFENSE COLORADO STATE COURTS County Court  *  El Paso County State Court Proceedings Statements of  Minor Sentencing Sealing MIP Records DUI Defense DMV MIP License Defense Forms Addresses DMV - Baby DUI DMV - Baby DEAC Legal Research Fact Sheet Attorney Travel Attorney Fees & Costs

CRS 12-47-901. Unlawful acts - exceptions

        (1) Except as provided in CRS 18-13-122, it is unlawful for any person:
            (a) To sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard; (Classification: M-2)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

MISDEMEANOR CRIMINAL OFFENSES	Presumptive Jail		Presumptive Fines
CRS 18-1.3-501	Minimum	Maximum	Minimum	Maximum
Class 2 Misdemeanor Classification (M-2)	3 months	12 months	$250	$1,000

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

SENTENCING PAGE

SENTENCING - PETTY OFFENSE

SENTENCING - MISDEMEANOR

SENTENCING - FELONY

            (b) To obtain or attempt to obtain any alcohol beverage by misrepresentation of age or by any other method in any place where alcohol beverages are sold when such person is under twenty-one years of age; (Classification: M-2)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses
Second and Subsequent Offenses - Mandatory Minimum Fine
court's discretion to impose order fine paid by useful public service compensated at reasonable hourly rate

            (c) To possess alcohol beverages in any store, in any public place, including public streets, alleys, roads, or highways, or upon property owned by the state of Colorado or any subdivision thereof, or inside vehicles while upon the public streets, alleys, roads, or highways when such person is under twenty-one years of age; (Classification: M-2)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses
Second and Subsequent Offenses - Mandatory Minimum Fine
court's discretion to impose order fine paid by useful public service compensated at reasonable hourly rate

            (d) To knowingly, or under conditions that an average parent or guardian should have knowledge of, suffer or permit any person under twenty-one years of age, of whom such person may be a parent or guardian, to violate the provisions of paragraph (b) or (c) of this subsection (1);

            (e) To buy any vinous or spirituous liquor from any person not licensed to sell at retail

            (f) To sell at retail any malt, vinous, or spirituous liquors in sealed containers without holding a retail liquor store or liquor-licensed drugstore license; (Classification: M-2)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

            (h) (I) OPEN CONTAINER LAW. Unlawful to drink in any public place except in a licensed premises (bar or restaurant)

                 (II) Age 21+ drinking permitted in a luxury limousine or a charter or scenic bus,

            (k) With knowledge, to permit or fail to prevent the use of his or her identification, including a driver's license, by a person who is under twenty-one years of age, for the unlawful purchase of any alcohol beverage; (Classification: M-2)

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CRS 18-1.3-501 Class 2 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

        (5) It is unlawful for any person licensed to sell at retail pursuant to this article:
            (a) (I) To sell an alcohol beverage to any person under the age of twenty-one years, to a habitual drunkard, or to a visibly intoxicated person,
                 (II) (A) If a licensee or a licensee's employee has reasonable cause to believe that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any alcohol beverage, the licensee or employee shall be authorized to confiscate such fraudulent proof of age, if possible, and shall, within seventy-two hours after the confiscation, turn it over to a state or local law enforcement agency. The failure to confiscate such fraudulent proof of age or to turn it over to a state or local law enforcement agency within seventy-two hours after the confiscation shall not constitute a criminal offense, notwithstanding section CRS 12-47-903 (1) (a).
                     (B) If a licensee or a licensee's employee believes that a person is under twenty-one years of age and is exhibiting fraudulent proof of age in an attempt to obtain any alcohol beverage, the licensee or the licensee's employee or any peace or police officer, acting in good faith and upon probable cause based upon reasonable grounds therefor, may detain and question such person in a reasonable manner for the purpose of ascertaining whether the person is guilty of any unlawful act under this section. Such questioning of a person by a licensee or a licensee's employee or a peace or police officer does not render the licensee, the licensee's employee, or a peace or police officer civilly or criminally liable for slander, false arrest, false imprisonment, malicious prosecution, or unlawful detention.
                (III) Each licensee shall display a printed card that contains notice of the provisions of this paragraph (a).
                (IV) Any licensee or licensee's employee acting in good faith in accordance with the provisions of subparagraph (II) of this paragraph (a) shall be immune from any liability, civil or criminal; except that a licensee or employee acting willfully or wantonly shall not be immune from liability pursuant to subparagraph (II) of this paragraph (a).

WARNING           IT IS ILLEGAL TO SELL WHISKEY, WINE, OR BEER TO ANY PERSON UNDER TWENTY-ONE YEARS OF AGE AND IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO POSSESS OR TO ATTEMPT TO PURCHASE THE SAME.           IDENTIFICATION CARDS WHICH APPEAR TO BE FRAUDULENT WHEN PRESENTED BY PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A LAW ENFORCEMENT AGENCY.           IT IS ILLEGAL IF YOU ARE TWENTY-ONE YEARS OF AGE OR OLDER FOR YOU TO PURCHASE WHISKEY, WINE, OR BEER FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE.           FINES AND IMPRISONMENT MAY BE IMPOSED BY THE COURTS FOR VIOLATION OF THESE PROVISIONS.

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CRS 12-47-903. Violations - penalties
        (1) (a) Any person violating any of the provisions of this article or article 46 or 48 of this title or any of the rules and regulations authorized and adopted pursuant to such articles is guilty of a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than two hundred fifty dollars for each offense.
             (b) The penalties provided in this section shall not be affected by the penalties provided in any other section of this article or article 46 or 48 of this title but shall be construed to be in addition to any other penalties.
        (2) Any person violating any of the provisions of CRS 12-47-901 (1) (a), (1) (f), (1) (g), (1) (i), (1) (k), (1) (l), (5) (a) (I), or (5) (b) commits a class 2 misdemeanor and shall be punished as provided in CRS 18-1.3-501.
        (3) Any person violating any of the provisions of CRS 12-47-901 (1) (b) or (1) (c) commits a class 2 misdemeanor and shall be punished as provided in CRS 18-1.3-501.  For the second conviction and for all subsequent convictions of violating the provisions of section 12-47-901 (1) (b) or (1) (c), the court shall impose at least the minimum fine and shall have no discretion to suspend any fine so imposed; except that the court may provide for the payment of such fine as provided in subsection (4) of this section.
        (4) At the discretion of the court, the fines provided for violations of section 12-47-901 (1) (b) and (1) (c) may be ordered to be paid by public work only at a reasonable hourly rate to be established by the court who shall designate the time within which such public work is to be completed.
        (5) Any person who knowingly violates the provisions of section 12-47-901 (1) (a), (1) (d), or (1) (k), or any person who knowingly induces, aids, or encourages a person under the age of eighteen years to violate the provisions of section 12-47-901 (1) (a), (1) (b), or (1) (c) may be proceeded against pursuant to CRS 18-6-701 for contributing to the delinquency of a minor.

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CRS 12-47-901. Unlawful Acts - Unspecified Penalties
Unclassified Petty Offense

CRS 12-47-901  Unlawful Acts - Unspecified Penalties	Maximum Jail	Maximum Fines	Driver License Loss	Alcohol Education	Public Service
First Offense	0 days	$250	3 Months	Alcohol Class	none  DMV bad news
Second Offense	0 days	$250	6 Months	Alcohol Class	none DMV bad news
Third and Subsequent Offense	0 days	$250	1 Year	Alcohol Class	none DMV bad news

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MIP Defense Overview Page Top

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COLORADO UNDERAGE ALCOHOL   COURT PROCEEDINGS SHORT SYNOPSIS   MISDEMEANOR & PETTY OFFENSE COLORADO STATE COURTS County Court  *  El Paso County State Court Proceedings MIP Petty Offense Statements of  Minor Sentencing Sealing MIP Records DUI Defense DMV MIP License Defense Forms Addresses DMV - Baby DUI DMV - Baby DEAC Legal Research Fact Sheet Attorney Travel Attorney Fees & Costs

Criminal Court Jurisdiction         court costs $18 + victim compensation fund "sin tax" would be in addition to the fines

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.          Petty offenses are criminal charges which may or may not carry a possibility of jail; classification and statutory terms dictate.         Misdemeanor offenses are criminal charges which carry a possibility of jail.         Traffic offenses are criminal charges which carry a possibility of jail.

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 fastest 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 Identification Error Statutory Citation Error Alleged Offense within Venue Failure to Timely File No Date of Offense In Futuro - Offense Alleged Future Date Statute of Limitations Appearance Date When Court Not Open Appearance Precedes Charging Document Other Jurisdictional Arguments Other Arguments Failure to Join in Single Prosecution Appearance Date - Year Blank Failure to Serve Summons or Arrest Officer Failure to Issue (Sign)

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.  MIP offense carries no possibility of jail.  The state has no obligation to appoint an attorney for you even if you are indigent.          c.  Using false ID to purchase alcohol or possession / consumption on public land, including roadways, are class 2 misdemeanor offenses which trigger the right to court appointed counsel for an indigent person.         d.  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.         e.  Where MIP carries no jail or if the prosecutor waives jail in other offenses, 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).

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. 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), since May, 2008 the courts in El Paso County have changed policy multiple times.         DUI, DUS, DUR, traffic offense, petty offense and misdemeanor cases were no longer set for uncontested pre-trial conference negotiations, but directly into contested proceedings.           Counsel believes the judges found their courtroom dockets clogged by this policy.  At present, DUS, DUR, traffic offense and MIP, petty offense or minor misdemeanor cases are set for pre-trial conference in First Appearance Center.  That's an uncontested court appearance where defendant or defense counsel negotiates with the prosecution to determine whether the case can be settled by plea bargain.            Initial setting to contested proceedings remains regarding DUI, domestic violence and more serious misdemeanors.  Settings may include 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.           Some local judges are setting DUI and more serious misdemeanors for pre-trial conference in the court division.  It appears to counsel that each judge is determining his or her policies based upon the above Supreme Court judicial retention directive.           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.  The goal in MIP is to procure a flat dismissal of all charges or a deferred sentence.  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.

PLEA NEGOTIATIONS Offer of flat dismissal is unlikely in most cases.  A deferred sentence would not result in driver license revocation proceedings, thereby not creating records which could later be found in a background check.  In conjunction with sealing MIP records, the goal in plea negotiations is to make this MIP never to have happened.  If prosecutors are intractable, trial may be necessary since a conviction would be reflected on a driving abstract which may be obtained in a subsequent background search for employment or professional licensing Do I Need an Attorney? UNDERLYING MIP CASE SEALING MIP RECORDS

a.  Some local judges 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.  If 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.  Depending upon where court policy finally settles, settlement fees may become a thing of the past.

7. Motions Hearings.  Counsel may file any of several motions available.  MIP 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.         c. Motion to Suppress. This is a motion to exclude evidence from trial on the basis of violation of constitutional rights.  An example would be a warrantless entry into a home without consent or random stop for the purpose of an evidentiary fishing expedition.  Absent probable cause (reason to believe defendant engaged in a crime) for the initial contact or arrest, evidence obtained therefrom may not be used against defendant.  Similarly, forced confessions or statements may not be used.  Warrantless search or seizure or warrantless arrest may also be challenged.  There are many other arguments which may be available in MIP 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 an MIP 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 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.  Some MIP related offenses identified herein can carry jail.  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. useful public service or alcohol education, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment.  Upon report of conviction from the court, the DMV may take adverse action against Colorado driving privileges.          I have provided a quick synopsis for relevant offenses.         Quick Sentencing Grid - MIP Offense         Quick Sentencing Grid - Class 2 Misdemeanor         Quick Sentencing Grid - Unclassified Offenses

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 possible consequences noted above.  That will also aid negotiations.

Prepare for a fine and court costs. At sentencing, the Court has the options of imposing 24 hours useful public service  Any defendant convicted of MIP should hope for a useful public service order.  In the offenses of attempt to purchase alcohol with a false ID or possession / consumption on public land (including roadways), the statutes make no provision for useful public service.  At sentencing, a defendant should attempt to persuade the court to impose 24 hours useful public service.  Refer to the link for DMV proceedings.  The reverse would be true if a deferred sentence were negotiated and granted.  When retained, I advise my clients to immediately commence 24 hours useful public service for purposes of criminal case negotiation and driver's license. When retained, I advise my clients to immediately commence non driving alcohol education classes for purposes of criminal case negotiation.

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 EDUCATION AND THERAPY TREATMENT AGENCIES 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

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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.

1.  Driver's License Actions page - MIP Adverse Action - Revocation

        Quick summary of actions the DMV may take against driver's licenses or privileges to drive in Colorado.
        Not intended to be all inclusive, however does contain external links where a website visitor may read statutes verbatim which may impact your case.
        DMV Addresses & Links - DOR & DMV Offices
        DMV Colorado Springs Regional Service Center
        SR-22 Insurance - What is this thing? - and - What does it mean to me?

2. DMV - Address Change

        If any driver has not given the DMV your current address, do immediately. The DMV is only required to provide notices to the last address in their records. Drivers may request a hearing or provide a change of address to any DMV office. 
        DMV Addresses & Links - DOR & DMV Offices
        DMV Colorado Springs Regional Service Center

3. Interlock Device - refer to link for additional information        
        Breath testing equipment installed in your vehicle at your expense
        Voluntary Installation - drivers losing their license more than one year
        Involuntary Installation - DUI, DEAC or DWAI 2nd / subsequent offenders or habitual offender

4.   State of Driver's License Issuance - Colorado Seizure.

Colorado License
        If the minor wins the DMV hearing, the license will be retained or returned with no adverse consequences
        If the minor loses the DMV hearing, unless in possession of a valid out of state driver's license prior to revocation of the Colorado license, he / she may not drive anywhere in the U.S.
        Refer to DMV adverse action page

Out of state license
        Colorado law provides that an out of state license be seized by Colorado DMV. If the minor loses the DMV hearing, the DOR hearing officer will likely seize the license.
        But see State v. Kivell, 463 N.E.2d 52, 55 (Ohio App. 1983) and Commonwealth v. Levy, 194 Pa.Super. 390, 169 A.2d 596, 598 (1961) - deciding whether a trial judge could seize an out of state license pursuant to DWI state law, ruling entered that a license issued by another state can only be suspended or revoked by it.  Put another way - a state can deny privileges within it's boundaries and send notice to the home state, but what a state didn't grant, the state can't take away.  The license can not be seized because it is valid in the home state and other states absent adverse action by the home state.  This issue has not yet been tested at the Colorado appellate level.  Hmmm.... but none of my clients have wanted to spend the money on an appeal - so.... police and the DMV continue to seize out of state licenses.  Every attorney is awaiting a client with the resources and resolve to test the law on appeal.
        A Colorado revocation or denial will prevent the driver from lawfully driving in Colorado on an out of state license. 
        Regarding possibility of a duplicate foreign license which may be valid outside Colorado, please refer to the Interstate Compact page
        Refer to DMV adverse action page

5. Application for Driver's License in Another State FIND A LAWYER ANYWHERE    MIP Defense Overview Page Top

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WHAT'S THE WHOOPLA ALL ABOUT? I drank, I got drunk, I fell down, no problem

A conviction for MIP will establish a history of alcohol (substance) abuse.

A few examples of potential impact in normal living.

1.  A conviction for MIP may affect ability to gain employment.  In addition to vicarious liability - if a job involves driving, an employer would be negligent in hiring should a person convicted of MIP later be involved in an employment related motor vehicle accident.  Also, employers don't actively seek drunks as employees.         2.  A conviction for MIP may affect ability to gain entrance into post-secondary education.         3.  A conviction for MIP may affect child custody proceedings in a dissolution of marriage or paternity case ( MIP defendant later a parent himself / herself ).         4.  A conviction for MIP may affect ability to gain entrance into post-secondary education.

A couple examples regarding the court system.

1.  Should a person be subsequently charged with an alcohol related traffic offense ( DUI, DEAC or DWAI ), prosecutors, the court and the probation department will look upon an MIP conviction as an aggravating factor.         2.  Should a person be subsequently charged with any criminal offense, the underlying factual basis of which involved alcohol, prosecutors, the court and the probation department will look upon an MIP conviction as an aggravating factor.  Example - domestic violence.  That charge does not per se involve alcohol, however alcohol is frequently a contributing factor.

A couple examples regarding the DMV.

1.  A conviction for MIP may affect ability to drive.  This may be more than a minor temporary inconvenience.  Need to get to school or job - try the Colorado Springs Transit System - city buses.  The bus stop may be a distance away and the buses may not meet your schedule.  Try taxi service - you will wait 20 minutes to 2 hours for a taxi and they are expensive.  Bicycles pedal hard up the hills, are wet when it rains and cold in the winter.  I once parked the car for 30 days to see what my DMV clients endure - it was inconvenient and expensive.         2.  Drive before validly re-licensed and be charged with driving under restraint ( DUR ).  Refer to the link for information regarding fine, mandatory jail and mandatory, automatic one additional year loss of driver's license.         3.  Later get suspended for excessive points.  Think the DMV won't keep record of this MIP on file?  Guess again.  If a driver later loses the license due to points, MIP is an aggravating factor for subsequent issuance of a probationary "red license" which permits a person to drive back and forth to work, the job, or for medical purposes.  That gets tough when you've got a spouse & baby in diapers who need shelter, heat & food.

Colorado Springs Police Department has a group of officers trained in DUI enforcement who ride in what dispatch calls "Tom cars"  Alcohol arrests are what they do.  Why do you think DUI and patrol officers love to bust parties?  The MIP proof is easy and they get the driver's licenses plus all the other later sanctions.

MIP is by definition a charge involving a minor.  The average minor focuses on the immediate inconvenience regarding loss of license and impact upon dating.  Due to age and inexperience, defendant may not realize it, but this has potential serious future consequences.  Forget dating inconvenience, you may have more potential problems down the road than you can shake a stick at.  If a person is old enough to incur MIP charges, parenthood and other realities of life are just around the corner.  Clear this up and seal the MIP criminal justice records.

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COLORADO UNDERAGE ALCOHOL   SEALING MIP RECORDS SHORT SYNOPSIS   PETTY OFFENSE COLORADO STATE COURTS County Court  *  El Paso County State Court Proceedings MIP Petty Offense Statements of  Minor Sentencing Sealing MIP Records DUI Defense DMV MIP License Defense Forms Addresses DMV - Baby DUI DMV - Baby DEAC Legal Research Fact Sheet Attorney Travel Attorney Fees & Costs

CRS 18-13-122(10)  Upon the expiration of one year from the date of a conviction for a violation of CRS 18-13-122(2) , any person convicted of such violation may petition the court in which the conviction was entered for an order sealing the record of such conviction. The court shall grant such petition if the petitioner has not been arrested for, charged with, or convicted of any felony, misdemeanor, or petty offense during the period of one year following the date of such petitioner's conviction for a violation of CRS 18-13-122(2).         The state legislature recognized minors are still learning life's lessons, make mistakes and by mandating sealing the legislature gave minors an escape hatch upon subsequent good behavior.  Refer to the above link for additional information.  Why seal?         The burden of proof in sealing an MIP is different from adult sealing of criminal justice records, however the procedures are similar and the same issues arise regarding method used to serve final sealing order upon criminal justice agencies and costs associated therewith.  Attorney fees and costs would be similar to an adult sealing action.

" Do It Yourself "  Sealing

MIP sealing forms are available, and additional sealing forms are available in the adult sealing process.  As with all lawsuits, a person has a right to represent himself / herself.  However, If sealing MIP records is of sufficient importance that you are considering, it should be done properly.  Each criminal justice agency with records must be identified in the sealing petition and final order; failure to include would result in open records.  Once final order has entered, the matter becomes res judicata - you only have one opportunity to litigate.  No "re-do's" if you commit error or receive an adverse ruling.  If the final sealing order is improperly served, it is difficult to unseal a court file to procure additional sealing orders for re-service upon criminal justice agencies.  If the final sealing order is improperly served or the sealing order omits a criminal justice agency, records may remain accessible in a subsequent background search - professional licensing or employment opportunities may be lost.  You need not retain my services, but hire counsel.

DISTRICT COURT CIVIL CASE - SEALING ACTION For emphasis - note that in the recommendations re counsel regarding defense of the underlying MIP case, I indicated that absent extraordinary circumstances, most families can handle the case without an attorney.  Repeat: If sealing MIP records is of sufficient importance that you are considering, it should be done properly.  Hire counsel of your choice.

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ADVICE BY LAYMEN advice by unsupervised paralegals or street corner lawyers

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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

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MIP DEFENSE DO I NEED AN ATTORNEY?
Do I need an attorney?	Given the MIP $100 fine limitation, retaining counsel is probably not economically justifiable.  Most defendants represent themselves and their parent(s) attend.  Counsel is most commonly retained when an MIP conviction will cause revocation of probation or deferred sentence in another case, or if employment opportunities may be lost or other occupational, educational or professional licensure consequences may result.  Each family must make its own economic decisions.
	You need not retain my services, but either handle the case properly and seal MIP criminal justice records or hire counsel.

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ATTORNEY'S FEES AND COSTS MIP CRIMINAL DEFENSE   CRIMINAL CHARGE   LICENSE SUSPENSION 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  MIP CRIMINAL DEFENSE HOURLY FEE RATE SETTLEMENT FLAT FEE deduct from trial flat fee $750   TRIAL FLAT FEE deduct settlement fee $2,500   I generally offer hourly fees or a settlement flat fee.  Most MIP 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.   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.   TRUST DEPOSIT REQUEST trust deposit request regarding fees & costs
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 $      750   $        50       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 $  800*     Colorado Springs Attorney Robert D. Gustafson ATTORNEY FEES LITIGATION COSTS DEPOSIT $        2,500   $           250     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 $2,750*
MIP criminal 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 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) 10.00   Local court archive records search fee (actual may be more or less) 10.00   Court records search & copy costs (actual may be more or less) 30.00   OJW fee to court (outstanding judgment warrant) 2.20   DMV admin hold release fee (OJW - outstanding judgment warrant) 500.00   Private Investigator initial retainer - if relevant - investigator Dave Glenn 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
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

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POTENTIAL FEE QUOTE DOR * DMV LICENSE HEARING SUSPENSION  *  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
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

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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

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REPRESENTATION SEALING CRIMINAL JUSTICE RECORDS refer to link for information regarding fees and costs

Cheer up. Life gets better. 

Thank you for considering my services; I appreciate your inquiry.

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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. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER 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. Alternatives FIND A LAWYER

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. Alternatives FIND A LAWYER This includes appeals or plea to domestic violence, MIP, 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 MIP 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 OUTSIDE EL PASO COUNTY GEOGRAPHIC DISTANCE ECONOMIC CONSIDERATIONS Colorado is a big state.  Easy communication access via internet, email and toll free phone doesn't change that fact.  Due to the limited nature of this issue, it is not economically justifiable for a client to pay travel time or expenses beyond adjacent counties. Attorney has limited his trade area due to cost considerations. TRAVEL  RATES TRAVEL TIME  *  MILEAGE  *  EXPENSE   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 from out of state or are 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 MUNICIPAL COURTS COUNTIES CITIES / TOWNS 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. El Paso County Colorado Springs / Manitou Springs / Fountain Douglas County Castle Rock Elbert County Kiowa / Simla I welcome new cases.  Intent is not to be harsh or to discard potential new business, but to be practical. Crowley County Ordway Fremont County Canon City / Florence / Penrose FIND A LAWYER ALTERNATIVES Pueblo County Pueblo Teller County Cripple Creek / Woodland Park

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NOTICE AND DISCLAIMER Notice to Website Visitors please read before using website	ATTORNEY ETHICS & CLIENT DISCLOSURES Prior Convictions or Bad Acts important warning information before disclosure	CONTACT AND PRIVACY Confidentiality & Privacy Policy email, and cordless, wireless or cell phones

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please feel free to call or email if you are a client or are seeking representation		Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount
FREE INITIAL CONSULTATION not an offer for free legal advice - refer to link for terms attorney is a sole practitioner with need to manage his caseload attorney reserves the right to decline any legal matter

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PRIMARY WEBSITE HOMEPAGE      DUI & TRAFFIC GATEWAY

GUSTAFSON LAW OFFICE TOPICAL WEBSITES DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE DOMESTIC VIOLENCE DEFENSE PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS COLORADO DIVORCE DISSOLUTION OF MARRIAGE LEGAL SEPARATION SUPPORT ENFORCEMENT CHILD SUPPORT PATERNITY - LEGAL PARENTAGE STEP-PARENT ADOPTION GRANDPARENT ADOPTION RESTRAINING ORDERS FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

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