COLORADO SPRINGS TRIAL LAWYER experienced and professional attorney - 29 years private practice in Colorado state and municipal courts
ROBERT D. GUSTAFSON ATTORNEY AT LAW 6538 Charter Drive Colorado Springs, CO 80918-1335 Phone (719) 260-1002 Fax (719) 260-1003  *  Toll Free (800) 410-1002	TRAFFIC DEFENSE LAWYER Colorado Springs, Colorado   Attorney Vita Business Hours WELCOME I appreciate your interest perhaps I'll become  your attorney Email Attorney
Webpage Index HomePage First Consultation Terms Client Docs Directions Maps Travel * Trade Area * Courts TRAFFIC INFRACTION VS. CRIMINAL OFFENSE Colorado Springs, El Paso County, Colorado Pikes Peak Region  *  Surrounding Colorado Counties  *  Southern Colorado  *  Front Range  *  Continental Divide  *  Eastern Plains

COURT PROCEEDINGS - SHORT SYNOPSIS COLORADO STATE COURT TRAFFIC INFRACTIONS AND PENALTY ASSESSMENT NOTICES NOTICE TO PROSPECTIVE CLIENTS this is a civil case - no prosecutor or opposing counsel with whom to negotiate attorney can not help unless retained for trial INFRACTIONS - GENERALLY minor charges 4 points or less speed 1 mph through 24 mph over the limit OFFENSES - GENERALLY charges greater than 4 points speed 26 mph or more over the limit careless driving  **  compulsory Insurance

Decriminalization.  Minor traffic violations were previously criminal offenses in which the defendant could request a jury trial.  In the 1980's the county courts across the state became inundated with DUI, DEAC or DWAI cases and the courts simply didn't have the time to conduct jury trials on speeding tickets and other minor violations.

The State of Colorado therefore decriminalized minor traffic violations, and pursuant to CRS 16-6-501 the Supreme Court established the Colorado Rules of Traffic Infractions -  CRTI.  Since the possibility of jail was eliminated, criminal jury trials were no longer a matter of right.  Procedures were enacted to hear contested cases before a magistrate - CRTI 7(a).  If a traffic offense is charged with a traffic infraction, the case is heard before a judge under the rules of criminal procedure.         No Constitutional Right to Jury Trial.  Since the decriminalization of minor traffic offenses, traffic infractions are civil matters and are not punishable by imprisonment. Class A traffic infractions are subject to a penalty of from five to one hundred dollars and assessment of points defendant cannot request a jury trial, cf. C.R.T.I. 11. Defendant alleged a 4 point traffic infraction and a 6 point traffic offense had "substantially the same penalties." He contended that the statutory classification was unreasonable and therefore denied him equal protection. The court ruled the decision to treat higher rates of speeding as more serious and as involving criminal conduct does not violate equal protection. Determining where and how to draw the line between criminal and non-criminal conduct is within the legislature's discretion. Because the maximum penalty for a traffic infraction is $100, an individual charged with a traffic infraction does not have a constitutional right to a jury trial. People v. Lewis, 745 P.2d 668 (Colo. 1987); see Duncan v. Louisiana, 391 U.S. 145, 159 (1968); (right to jury trial for those charged with "serious crimes" but not for those charged with "petty offenses"); Austin v. City and County of Denver, 170 Colo. 448, 456, 462 P.2d 600, 604 (1969) (in absence of contrary legislative mandate, petty offenses not requiring jury trial are those for which maximum penalty does not exceed $500 and six months' imprisonment). Traffic infractions are the smaller traffic violations - 4 points or less         Excluding careless driving and compulsory insurance,          Including 6 point speeding if 24 mph or less in excess of the speed limit

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

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

1. Bail Bond.  Traffic infractions do not carry the possibility of jail.  A defendant would not have been booked.

2. Court Appointed Counsel (Public Defender's Office).  Traffic infractions are civil matters and carry no possibility of jail.  The state has no obligation to appoint an attorney for you even if you are indigent.  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); 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).  Conversely, 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).  CRTI  7(a)(4) preserves the right to counsel at defendant's expense.

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 on the ticket date, default judgment will be entered and the points certified to the DMV for assessment against defendant's driving privileges.  C.R.T.I. 16(a)  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 the jurisdictional attack links in the below criminal offense section.

4.  Entry of Plea & Demand for Trial.

a.  Speedy Trial.  Under the speedy trial rule, trial must be provided within 6 months from the answer date.  C.R.T.I. 10(b) and CRS 42-4-1710(3).  Failure to try the case within that period may result in dismissal.         b.  Plea.  Because this is a civil matter, the terms guilty and not guilty are not used.  The terms utilized are liable and not liable.  If the defendant enters an answer of not liable at first appearance, the court will set the case for trial to the court.  There is no pre-trial conference (negotiation date) in traffic infraction cases.         c.  Trial.  As indicated above, there is no constitutional or statutory right to a jury trial.  Trial to the court will be conducted - a magistrate or referee will hear the case.         d.  Acknowledgment of Liability.  Although a defendant may enter an answer of liable at first appearance, the right to trial is an important right which should never be waived unless for tactical reasons (favorable disposition).  Simple concern that the law enforcement officer can prove the case is not a reason to enter a liable answer.  Reduction in fine or points would be a valid reason, particularly if the reduction will save the driver's license or Colorado driving privileges.

5. Pre-Trial Conference.  There is no such thing as a pre-trial conference in a traffic infraction.  Sometimes it is possible to speak to the law enforcement officer immediately preceding trial and attempt to negotiate a disposition.  Some officers will negotiate, others won't.

6. No Prosecutor.  This is a civil matter; prosecutors do not participate in negotiations or trial.  The local court became inundated with trial requests, so the El Paso County DA Office agreed to put a DDA in a back office to review cases and make notes of a plea officer to be given orally to each defendant at first appearance.  The DDA is not accessible and will not negotiate.  The officer is simply read to the defendant at first appearance, and defendant is free to accept the offer or reject it and proceed to trial.

7. Discovery.  C.R.T.I. 8, the discovery rule, is deplorable.  Discovery is not available until at the time of trial, and that is only what the officer brings to court as evidence.  Defense may issue a subpoena duces tecum for production of discovery items pursuant to C.R.T.I. 9.  Production of documents or other items of evidence is extremely limited.  The purpose of the rule was to streamline the system, move minor cases quickly and unclog the court's docket.

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

a. Discovery Motion. See above - discovery motions are not permitted under C.R.T.I. 8.         b. Motion in Limine.  This is a motion to exclude evidence from trial on the basis of evidentiary or statutory grounds. 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 for the purpose of fishing for evidence.  Absent probable cause (reason to believe defendant engaged in a crime) for the search, seizure or arrest and absent reasons which place the entry outside the general warrant requirement, evidence obtained subsequent to the entry may not be used against defendant.  Similarly, forced confessions or statements may not be used.  There are many other arguments which may be available in traffic infraction cases.  With limited exceptions, defendant must be present in court for motion hearings which are concurrently set with trial..

9. Trial.

a. If defendant fails to appear at trial, default judgment will be entered and the points certified to the DMV for assessment against defendant's driving privileges.  C.R.T.I. 16(a)  If the officer fails to appear, default will be entered in favor of defendant.  C.R.T.I. 10(a).           b. At a trial, the court will determine whether a defendant is liable.  Defendant has the right to remain silent, and as in criminal cases, defendant's statements will be against him / her.  C.R.T.I. 7(a)(6).  The burden of proof is upon the state to prove each and every element of the infraction beyond a reasonable doubt.  C.R.T.I. 7(a)(7).  Defendant has the rights to testify, to subpoena witnesses, to confront and cross-examine witnesses against him / her, and to present evidence in defense.  C.R.T.I. 7(a)(8).           c. The law enforcement officer will present his / her case without aid of a prosecutor.  The court is free to ask questions in the fact finding process, but must remain neutral.  C.R.T.I. 11(a).         d.  The hearing is informal and not governed by the rules of evidence.  C.R.T.I. 11(a) & (c).  Essentially -  the beloved TV Judge Wapner or Judge Judy and "The Peoples Court."         e. If the magistrate does not find liability, the case is over - similar to a criminal case not guilty verdict.         f. If the magistrate finds liability, the court will proceed to immediate imposition of fine and costs.  Failure to pay will result in an OJW hold being placed with the DMV upon the driver's license.  Driver can not renew the license until the fine and costs + the OJW fee is paid.  OJW stands for outstanding judgment warrant.         g.  Defendant has the right to appeal on the written record by a district court judge.  Review is not automatic; written appeal must be filed within 30 days pursuant to C.R.Crim.P. 37 and CRS 13-6-504.

10. Considerations.

a. A penalty assessment notice is paid by mail to DMV or it turn to summons and trial.  The only detriment to defendant is an extra $18 court costs.  If the officer fails to appear, it's a dismissal and the insurance premiums don't go up or the driver doesn't incur the points & possible suspension.  What does a defendant have to lose?         b. Detriment to trial.  If defendant loses, full points will be assessed.  If paid by mail, see below for point reduction.

CRS 42-2-127         (5.5) If a person receives a penalty assessment notice for a violation under CRS 42-4-1701 (5) and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows:                  (a) For a violation having an assessment of three or more points under subsection (5) of this section, the points are reduced by two points;                  (b) For a violation having an assessment of two points under subsection (5) of this section, the points are reduced by one point.         (5.6)  (a) Any municipality may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the municipality pursuant to counterpart municipal ordinances. Whenever a municipality reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.                 (b) Any county may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the county pursuant to counterpart county ordinances. Whenever a county reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.

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COURT PROCEEDINGS - SHORT SYNOPSIS COLORADO STATE COURT MISDEMEANOR TRAFFIC OFFENSES & MISDEMEANORS criminal case - prosecutor is available for plea negotiations and jury trial is also available OFFENSES - GENERALLY charges greater than 4 points speed 26 mph or more over the limit careless driving  **  compulsory Insurance INFRACTIONS - GENERALLY minor charges 4 points or less speed 1 mph through 24 mph over the limit

Traffic offenses are criminal charges and generally carry the possibility of jail in addition to fine, court costs, points and other conditions as may be specified by statute or are reasonably related to rehabilitation.

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

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

1. Jail.  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 fasted way to get out of jail is to procure a bail bond.  Refer to the bail bond page for additional information.

3. First Appearance.

a.  The ticket is the charging document and advises defendant of the charges filed.  The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties.  At that time defendant will also be asked how he / she wishes to proceed with his / her case.  If defendant fails to appear, a warrant will be issued for his / her arrest.  If this office has been hired, I will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.         b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

refer to primary website jurisdictional attack page Officer Failure to Issue (Sign) Failure to Serve Summons Identification Error Arrest or Obtain Promise to Appear Failure to Timely File Statutory Citation Error 20 Days Notice - Alcohol Offenses 30 Days Notice - Infractions Appearance Date When Court Not Open Appearance Date - Year Blank Appearance Precedes Summons In Futuro - Offense Alleged Future Date No Date of Offense Failure to Join in Single Prosecution Statute of Limitations Alleged Offense within Venue Other Jurisdictional Arguments Other Arguments

4. Court Appointed Counsel

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

5.  Entry of Plea & Demand for Trial.

a.  In El Paso County, initial appearance hearings are held in the First Appearance Center.  The case then transfers to a judge's division.         b.  Under the speedy trial rule, trial must be provided within 6 months from entry of not guilty plea.         Speedy & Public Trial: C.R.Crim.P. 48(b), CRS 18-1-405, Article II Section 16 of the Colorado Constitution and Amendment 6 to the U.S. Constitution.  See also 4th, 5th & 14th Amendments to the U.S. Constitution, and Article II, Sections 7, 18 & 25 of the Colorado Constitution         Speedy trial commences on the date of filing the not guilty plea. Harrison v. District Court, 192 Colo. 351, 559 P.2d 225 (1977), Rodman v. Adams County Court, 694 P.2d 871 (Colo. App. 1984).  This can become important as to speedy trial expiration if the case is transferred to division and advisement + oral not guilty plea is delayed.         c.  Demand must be made for jury trial: 1.  Misdemeanor offense cases - not guilty plea entered         a.  Jury trial is free if jail may be imposed in excess of 6 months upon conviction of any charge.         b.  If potential jail is limited to 6 months or less for each charge, a jury demand must be accompanied by a $25 jury deposit within 10 days from entry of the not guilty plea.   CRS 16-10-109, C.R.Crim.P. 23.  Although local county court judges will likely grant a jury demand without payment of the jury deposit, absent timely jury deposit payment,  prosecutors may take the issue to the district court seeking a writ of prohibition.  In the likely event of adverse ruling, subsequent jury deposit payment would be outside the 10 day limitation and jury trial right would be lost.  This attorney will timely pay the jury deposit to avoid the issue and preserve the client's right to jury trial.         c.  Driving While Ability Impaired, CRS 42-4-1302(1)(b) has been determined not a petty offense and no jury deposit is required under CRS 16-10-109, C.R.Crim.P. 23.  Refer to Byrd v. Stavely, 113 P.3d 1273 (Colo. App 2005)  This is the exception to the 6+ month potential jail jury deposit rule.         d.  Standard number of jurors is 6, defendant may request 3 jurors.  C.R.Crim.P. 23, Colorado Constitution Article 2 §§16, 23, CRS 16-10-101, CRS 18-1-406 2.  Petty offense cases - not guilty plea entered         a.  Petty offenses are crimes or offenses punishable not in excess of imprisonment for six months and a fine of not more than $500, or a combination of imprisonment and fine within such limits. Robran v. People, 173 Colo. 378 (Colo. 1971); Austin v. City and County of Denver, 170 Colo. 448, 462 P.2d 600 (Colo. 1969)         b.  There is no constitutional right to a jury trial for a petty offense.         c.  The statutory right to jury trial in a petty offense is established in CRS 16-10-109, however the statute identifies petty offenses as an offense classified as a petty offense or defined as an offense which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine.          d.  Based upon statutory limitations of potential jail not more than 6 months, a jury demand must be accompanied by a $25 jury deposit within 10 days from entry of the not guilty plea.   CRS 16-10-109, C.R.Crim.P. 23.  Refer to ¶3(c)(1) above regarding timely payment.        e.  Standard number of jurors is 3, defendant may request 6 jurors.  C.R.Crim.P. 23, Colorado Constitution Article 2 §§16, 23, CRS 16-10-101, CRS 18-1-406  Counsel requests 6 jurors.         f.  An El Paso County Court case appealed to the District Court resulted in a ruling that jury trial is a right in an MIP prosecution (underage possession / consumption) which does not fit the statutory definition of petty offense for purpose of jury trial right, however counsel would argue that right.         d.  The right to jury trial is an important right which should never be waived unless for tactical reasons after consulting with counsel.

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

a.  Local courts are setting trial dates 60 days out from initial appearance - similar to domestic violence fast track.  This is a form of docket control for the courts.  Convenient for those who set policy, but in fairness, El Paso County Court is inundated with cases.         b.  This court policy places a heavy burden upon defense counsel and defendants.  Plea negotiations should not take place until the attorney has an understanding of the case - receipt of a copy of the DA Office file (which includes summons & complaint(s) law enforcement officer notes and reports, accident report, Colorado driving record & witness list), plus client factual interview and receipt of driving records.  If an alcohol charge is alleged, discovery to be procured includes roadside sobriety checklist, lab reports, DOH lab certifications and defense counsel blood BAC re-test by independent laboratory.  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.  Settlement fees may become a thing of the past.

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

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

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

9. Sentencing:  Traffic offenses 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. traffic safety class, useful public service, or if an alcohol related factual basis, alcohol education or therapy, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment.  Points are assessed for traffic offenses.  Based upon points reported by the court, the DMV may take adverse action against Colorado driving privileges.  Habitual offender status may even be a possibility - that can occur from too many speeding or other minor infraction tickets.

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.

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COURT PROCEEDINGS - SHORT SYNOPSIS COLORADO SPRINGS MUNICIPAL COURT most information generic to any Municipal Court in Colorado TRAFFIC OFFENSES ALL TRAFFIC CHARGES traffic charges are criminal cases - prosecutor is available for plea negotiations and jury trial is also available if relevant, refer to Municipal Court criminal offenses State Court traffic infraction State Court criminal misdemeanor and petty offenses State Court traffic offense

Colorado Springs City Ordinances have not decriminalized minor traffic violations - they remain criminal offenses.  Some cities have decriminalized and made minor violations civil infractions.  See below for maximum Colorado Springs Municipal Court jurisdiction.  The Colorado Springs City Attorney's Office prosecutes the case.

Municipal Court Traffic Offense - Information & Procedures court costs $10 + crossing guard surcharge $10 "sin tax" would be in addition to any fines all municipal court traffic offenders are helping to keep our children safe

State Statutes - CRS Colorado Springs City Ordinances       Colorado Springs Municipal Ordinance 1.1.201 General Penalty - maximum jurisdiction: Jail 90 days  and/or Fine  $500     Minors   State statute - CRS 19-2-104(1)(a)(II) Municipal court concurrent jurisdiction with juvenile court Municipal ordinances - except traffic - maximum 10 days jail Municipal traffic violations - minor treated as an adult Municipal criminal violations - maximum 10 days jail  or juvenile court assumes exclusive jurisdiction     State statute - CRS 42-4-1706 Traffic detention to be in a juvenile facility     Colorado Springs Municipal Ordinance 1.1.202 Minor Offenders Municipal traffic violations - minor treated as an adult Municipal criminal violations Maximum jurisdiction:  Home detention - 10 days and/or Fine $500

1. Jail.  Municipal Court traffic offenses are criminal charges which carry a possibility of jail, however that would be unusual.

2. Bail Bond.  It would be highly unusual to be booked on a municipal court traffic offense, however if were booked into jail, you have likely bonded since you are looking at this webpage.  Alternatively you have a loved one currently sitting in jail shortly after an arrest.  Pending trial, the fasted way to get out of jail is to procure a bail bond.  Refer to the bail bond page for additional information.

3.  First Appearance.

a.  The ticket is the charging document and advises defendant of the charges filed.  The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties.  At that time defendant will also be asked how he / she wishes to proceed with his / her case.  If defendant fails to appear, a warrant will be issued for his / her arrest.  If this office has been hired, I will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.         b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.  Refer to the jurisdictional attack links in the above criminal offense section.

4.  Court Appointed Counsel

a.  If jail may be imposed for any period, including offenses less than 6 months jail, the city 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.  Public Defender's Office is a state agency and therefore unavailable.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints a member of the private defense bar who has contracted with the city for court appointments.         c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).

5.  Entry of Plea & Demand for Trial.

a.  Under the speedy trial rule, trial must be provided within 90 days (3 months).         b.  If the defendant enters a plea of not guilty at first appearance, the court may set the case for trial and deny a request for pre-trial conference - a negotiation date.  This is to avoid speedy trial dismissals.  Frequently a defendant will delay entry of a not guilty plea and simply set the case for pre-trial conference.  If not settled at pre-trial conference, then a not guilty plea is entered, and the case set for trial.         c.  Demand must be made for jury trial.  The demand must be accompanied by a $25 jury deposit within 10 days from entry of not guilty plea.  Standard number of jurors is 3, defendant may request 6 jurors.                 1.  There is no constitutional right to a jury trial for a petty offense. 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)                 2.  The statutory right to jury trial in a municipal court offense is established in CRS 13-10-114.         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.  At the time of first appearance, the court sets most cases for pre-trial conference.  At this time, defendant or defense counsel will meet with the prosecutor to discuss possible alternatives and attempt to reach an agreement to dispose of the case.  This is called plea bargaining. Plea bargaining can also occur outside pre-trial conference setting.                 "Defendant Smith -- Come on down! - - Let's Make a Deal!"  (door number 3 is usually the best choice)                 It's not all or nothing as in a trial - a middle ground can be found by plea bargaining                 School zone speeding tickets are more difficult to negotiate         Clients have inquired "What's a deferred sentence?"  Refer to the link for information.  If a plea bargain is obtained which is acceptable to the client, the case is dismissed or the court usually proceeds to immediate sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case is set for motion hearings or trial, or both. Locally the courts require a defendant's presence unless an out of state resident.  Offer of flat dismissal is unlikely in most cases.  The goal is to procure a disposition with which the defendant can live, e.g. not going to jail or not losing the driver's license, or perhaps a deferred sentence which would not be reflected on the consumer driving abstract.

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

a. Discovery Motion. This is a request to discover information in order to prepare an adequate defense.  Rules in Municipal Court are significantly different that in State Court.         b. Motion in Limine. This is a motion to exclude evidence from trial on the basis of evidentiary or statutory grounds.  An example would be an attack upon a radar gun which was not property maintained, operated or tested by tuning forks if speeding were also charged; such evidence could prejudice the jury without having any importance on the issue of guilt or innocence..  Unreliable DMV notice mailing log books could also by the subject of a motion in limine.         c. Motion to Suppress. This is a motion to exclude evidence from trial on the basis of violation of constitutional rights.  An example would be a random stop for the purpose of an evidentiary fishing expedition.  Absent probable cause (reason to believe defendant engaged in a crime) for the stop or arrest, evidence obtained therefrom may not be used against defendant.  Similarly, forced confessions or statements may not be used.  There are many other arguments which may be available in traffic 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 (presumptive 3 persons- maximum 6 persons upon request) with payment of the $25 jury deposit, or to the judge alone (no cost).  The right to trial by jury should never be waived (given away) without advice of counsel; it is an important right.  At trial, the prosecution must prove each and every element of the crime(s) charged beyond a reasonable doubt.  Every defendant is presumed innocent unless and until the prosecution proves guilt beyond a reasonable doubt.  Every defendant may remain silent, or may testify if he / she chooses. Defense may call witnesses and make them come to court by subpoena.  Every defendant may confront and cross-examine witnesses against him / her.  A trial on a traffic offense charge is a criminal trial with all rights attached. If defendant is found not guilty, the case is concluded.  If defendant is found guilty of any charge, including a lesser charge (e.g. reckless driving charge convicted of careless driving), the case is set for sentencing.  Defendant must be present in court for a trial.  Under some circumstances, the court may proceed to trial without the presence of the defendant, but that's a bad idea from defense perspective.

9. Sentencing:

a.  Municipal court traffic offenses can carry jail, but is unlikely.  The court may impose jail, fine, court costs and prosecution costs as provided by statutes.  Law requires every defendant make restitution (make the victim whole).  As a condition of probation, the court may also impose any other condition reasonably related to rehabilitation.  e.g. traffic safety class, useful public service, or if an alcohol related factual basis, alcohol education or therapy, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment.  Traffic safety class or useful public service would be the most common conditions         b.  Points are assessed for traffic offenses.  Based upon points reported by the court, the DMV may take adverse action against Colorado driving privileges.  Habitual offender status may even be a possibility - that can occur from too many speeding or other minor infraction tickets.

10. Preparation for Sentencing.         In a municipal court 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 Colorado Springs City Attorney's Office 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.

Remedy is:  COLLATERAL ATTACK - SET ASIDE PLEA
 

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AUTOMATED TRAFFIC ENFORCEMENT - TRAFFIC CAMERAS relevant links Local Traffic Cams Automated Traffic Enforcement Traffic Cam Info Colorado Statute DMV Point Structure Traffic Defense

DMV PROCEEDINGS & DRIVER LICENSE MATTERS Selected Traffic & DMV Statutes & Regulations LOSS OF COLORADO DRIVING PRIVILEGES DMV Hearing Defense   DMV Appeal statute of limitations   Driving in Colorado is a constitutionally protected privilege, but nevertheless a privilege which may be lost.  Multiple statutes can cause loss of driving privileges for different driver behavior.  Drivers are entitled to a DMV hearing.  In some circumstances the right to hearing precedes potential DMV adverse action; under other Colorado traffic laws the adverse order is entered, then the driver is provided notice of the adverse action and right to request subsequent hearing.  If hearing has been held or a DMV final order has otherwise entered and the Colorado driver's license or Colorado driving privileges have been suspended, revoked or denied, the driver's remaining recourse is appeal to the District Court.  DMV appeal is subject to a statute of limitations.  Right to appeal may be lost if the driver delays.  Upon District Court final order, either party make take the case on appeal to the Colorado Court of Appeals.

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