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Colorado Traffic Ticket Defense -
Colorado Springs, Colorado. driving under restraint - DUR, driving under
suspension - DUS, Driving Under Revocation, Driving after Revocation Prohibited
- DARP, motor vehicle hit and run, speeding tickets, careless driving, reckless
driving, compulsory insurance, drunk driving - driving under the Influence of
alcohol - DUI, driving while impaired by alcohol - DWAI or driving with
excessive alcohol content - DEAC, breath test, blood test, BAC, .08, legal
limit, roadside sobriety tests, alcohol absorption & metabolism, deferred
sentence, probation. DMV driver license hearings, license suspension, license
revocation, license denial, speeding ticket,
Colorado Springs Municipal Court, Manitou Springs Municipal Court, Woodland Park
Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court,
Calhan Municipal Court, Court Calhan Colorado, Simla Municipal Court, Town of Simla Colorado,
Court Simla Colorado, Pueblo Municipal Court, Castle
Rock Municipal Court, Palmer Lake Municipal
Court, Simla Colorado, Calhan Colorado, Denver Municipal Court, Aurora Municipal
Court, Brighton Municipal Court, Broomfield Municipal Court, Centennial
Municipal Court, Englewood Municipal Court, Federal Heights Municipal Court,
Golden Municipal Court, Littleton Municipal Court, Sheridan Municipal Court,
Thornton Municipal Court, Wheat Ridge Municipal Court, WheatRidge Municipal
Court
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.
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. 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.
FAILURE TO
STOP - RED LIGHT * STOP LIGHT * STOP SIGN
CRS
42-4-604. Traffic control signal
legend.
State
Statutes - CRS DEFINITIONS - COLORADO STATE COURTS
Failure to stop is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202 OTHER RELEVANT
WEB PAGES * * * * * * * *
FAILURE TO
STOP * RED LIGHT * STOP LIGHT * STOP SIGN
10.17.105: TRAFFIC-CONTROL SIGNAL
LEGEND
Colorado
Springs City Ordinances DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT
FAILURE TO
STOP - SCHOOL BUS - STATE COURT
CRS
42-4-1903. School buses — stops — signs — passing.
State
Statutes - CRS
DEFINITIONS - COLORADO STATE COURTS
* * * * * * * *
FAILURE TO STOP - SCHOOL BUS - CITY COURT. Colorado Springs - Municipal Court
10.4.107: STOP FOR SCHOOL BUSES
Colorado
Springs City Ordinances DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT
* * * * * * * *
POTENTIAL
DEFENSES
When a driver receives a speeding ticket, generally it is an inconvenience but nothing more. Usually the prosecutor will negotiate a least a point off the offense charged, perhaps more. Prosecutors may agree to reduce the ticket to a 2 point defective vehicle or 0 point obstructed rear window which won't likely excite the insurance company. After payment of fine and costs, and crossing guard surcharge in Municipal Court, life moves on. It is worthwhile to appear in Court on the summons date to receive the benefit of plea negotiations. Usually counsel is not involved. Simple is not always the case. If the ticket will cause loss of driver's license or driving privileges in Colorado, or cancellation of insurance or significant premium hike, or perhaps a CDL will be affected and therefore livelihood, then matters become different. Defense of speeding tickets is somewhat complex. Here I have provided basis overview information. In my primary website pages linked above, visitors will find additional information for those with problematic cases. * * * * * * * *
The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. CRS 42-4-1101 Speeding - State Law. Refer to the link for information pertaining to state law.
Refer to early payment point reduction *
Traffic Infraction - Information
& State Court Procedures * * * * * * * *
10.5.101 - 10.5-110 Colorado Springs Municipal Ordinances. Refer to the link for information. The City of Colorado Springs has lowered the speed limit to 25 mph on all roads where not otherwise posted and has adopted an ordinance imposing a fine of $10 per mile over the lawful speed limit. The ticket may be plea bargained down to a lesser speed for purposes of points, however the fine will be based upon the initial alleged speed.
Municipal
Court Proceedings - Offenses
Colorado Springs Municipal Court has
NOT adopted
early payment point reduction * * * * * * * *
* * * * * * * * A judge or magistrate may not let the issue go to a jury (lack of prima facie evidence) unless there is mechanical support (radar, vascar, pace clock or laser) for the visual estimate. In a trial to the court, I've seen a judge stop the case when the officer admitted the ticket was based only upon a visual estimate. Other judges may proceed.
* * * * * * * * OTHER RELEVANT SPEEDING INFORMATION
* * * * * * * * POTENTIAL
DEFENSES In every charge of speeding, the summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation. CRS 42-4-1101(5) If certain defects are contained in the summons and complaint, the case may be subject to jurisdictional attack. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
