At Beck Law, we understand that having a valid driver’s license is essential to your job and your family life.  Although you may think a traffic violation is a minor thing, it can still lead to expensive fines and increased insurance premiums. We do everything in our power to either have the traffic ticket dismissed or reduce the points.  This may mean you have to take a traffic class, do community service, pay a bigger fine or take the case to trial. If your license is suspended, we represent you at the DMV hearing to get you a probationary license. We have the experience and knowledge to help you through the legal system.

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The Colorado DMV point system reinforces the notion that driving is a privilege granted by the state, not a right you are automatically entitled to.

Hidden Consequences

YOU DECIDE TO PAY THE TICKET

If you pay the ticket, you are admitting guilt.  Most traffic tickets give you an option to just pay the ticket for reduced points.  However, the original charge may remain on your record.  

1. Points on Your License: Colorado operates on a points system (this needs to be a link to the resources page  where each traffic violation adds a specific number of points to your driving record. As an adult, you are allowed 12 points in a one-year period of time. 
2. Increased Insurance Premiums: When you renew your car insurance, the insurance company will look at your driving record. Any kind of traffic conviction can increase your rates.
3. Potential License Suspension: For more serious traffic violations or if you accumulate too many points, your driver’s license could be suspended. Losing your license means losing your ability to drive to work, school, or even just around town. Getting your license reinstated involves fees, attending a hearing, and possibly taking a driving course, adding more costs and inconvenience.
4. Permanent Record: A traffic violation stays on your driving record for seven years. If your livelihood depends on your clean record, this could jeopardize your employment.  

DO NOT DEFEND YOURSELF IN COURT

1. Legal Knowledge: Without understanding Colorado’s traffic laws or Rules of Evidence or Colorado Criminal Procedure, you are a distinct disadvantage.  There may be evidence you think is important but the Court will not let the evidence in. There is most likely evidence you do not have the expert knowledge to handle, such as lidar or laser gun information. A traffic lawyer has the expertise to identify these issues and use them to build a strong defense.
2. The ability to Negotiate: An experienced Colorado traffic attorney has the knowledge to understand Prosecutors in Colorado. We understand what they may be looking for in order to have the case dismissed, obtain a significantly lower charge, or receive lower fines.  We know which arguments work.

Traffic offenses can be civil (often referred to as infractions) or criminal.

Civil Traffic Violations

Traffic infractions in Colorado are minor traffic offenses. If you commit a traffic infraction, you’re usually issued a ticket. Typically, you have the option to pay the fee or dispute the ticket by attending a hearing on a designated day at traffic court. 

Traffic infractions under Colorado law are further divided into two sub-groups consisting of Class A and Class B infractions, however, the procedures for adjudication of these two types of traffic infractions are not appreciably different. Class B traffic infractions are much less frequently issued, only for the most minor traffic related matters, and do not carry the imposition of penalty points reported to the Colorado Department of Revenue Division of Motor Vehicles.

The penalties for traffic infractions include fines, attending traffic school, points on your record.  Most of the civil traffic infractions are strict liability crimes.  This means the prosecution does not need to prove what you were thinking or what was happening at the time of the violation.  They only have to prove it happened.

Common examples of traffic infractions include:

• Speeding (under a certain limit)
• Using a mobile phone while driving
• Failing to stop or signal
• Following too close to another vehicle
• Failing to wear a seatbelt
• Disobeying a road sign
• Driving uninsured
• Parking illegally

Criminal Traffic Offenses

Traffic crimes are more serious than infractions. For example, you may be charged with a felony if you have any prior traffic offenses or if the conduct resulted in injury or death. 

Misdemeanor traffic offense tickets are classified into two categories. The less serious misdemeanor traffic offenses under Colorado state law are Class 2 misdemeanor traffic offenses. Colorado statutes generally provide that a sentence to jail for a Class 2 misdemeanor traffic offense can be up to ninety days and a fine up to $300 can also be imposed. The fine is typically imposed with additional court costs and surcharges, and can be substantially increased under certain specific circumstances, such as when the motorist is found to have been speeding in a school or construction zone.

Traffic crimes are usually heard in a criminal court. 

Some common examples of traffic crimes often charged as a misdemeanor include:

• excessive speeding (typically 11 or more miles over the speed limit)
• reckless driving
• hit and run
• driving with a suspended or revoked license
• operating a vehicle while under the influence (DUI or DWAI) of a chemical substance
• driving without title or registration to the vehicle
• driving without auto insurance

Examples of traffic offenses usually charged as a felony include:

• reckless driving causing injury or death
• repeat (DUI or DWAI)
• vehicular homicide

Potential penalties for traffic crimes include but are not limited to fines, probation, community service, rehabilitation, parole, and/or incarceration. You’re more likely to receive time behind bars if you are charged with a felony or you have a history of committing traffic violations. 

A conviction for a traffic crime can also result in the suspension or loss of your license, demerit points, and your vehicle being impounded.

Tickets For Traffic Offenses

Many of the more serious traffic tickets are classified as misdemeanor traffic offenses. Misdemeanor traffic offense tickets are considered criminal matters in Colorado and the rights accorded, and the potential consequences, are substantially different from those involved with traffic infraction tickets. Misdemeanor traffic offense tickets include such alleged violations as Driving A Vehicle Without A Valid Driver? License, Careless Driving, Driving Without Insurance, and Speeding Greater than 24 Miles Per Hour Above the Speed Limit.

Class 1 misdemeanor traffic offenses are the most serious misdemeanor traffic offenses. Generally a Colorado court may impose a sentence to jail of up to one year and a fine of up to $1,000, together with court costs and surcharges, if an individual is convicted of a Class 1 traffic offense.

Persons convicted of a misdemeanor traffic offense may also be sentenced to perform useful public service, potentially pay restitution to compensate a victim of the offense, and be penalized as further provided under law in the discretion of the judge.

HABITUAL OFFENDER  (HTO)

One of the most severe sanctions that can be imposed is a determination by the Colorado Division of Motor Vehicles that an individual is a Habitual Traffic Offender (HTO). This is a vicious cycle for some who spend a lot of time in jail for driving offenses.

Aside from being one of the most severe sanctions that can be imposed by the Colorado Division of Motor Vehicle, the Habitual Traffic Offender designation is also a sanction that many Colorado motorists are not familiar with.

The Habitual Traffic Offender statute states that: if you get 3 major violations within a 7-year period, your driver’s license WILL be suspended for 5 years.

Major violations include, but are not limited to: DUI/DWAI, Reckless Driving, Eluding, Vehicular Homicide, and Careless Causing Death.

Minor Drivers

A minor driver is a juvenile with a valid driver’s license who is under the age of 18 at the time they are operating a motor vehicle. A minor driver is not permitted to operate a motor vehicle in Colorado containing a passenger who is under 21 years of age AND who is not a member of the juvenile driver’s immediate family, until such minor driver has held a valid driver’s license for at least six (6) months.

A juvenile driver cannot drive a vehicle with more than one passenger who is under twenty-one (21) years of age AND who is not a member of the juvenile driver’s immediate family, until such minor driver has held a valid driver’s license for at least one (1) year.

Another restriction is they cannot drive a motor vehicle between midnight and 5 a.m.

There are several common defenses that can be used to fight a speeding ticket in Colorado. Some defenses may include emergency, incorrect calibration of laser guns or visual estimates

You may also question whether the speed limit was clearly posted in the area where you were ticketed. If signs were missing, obstructed, or unclear, this could be a factor in your defense.

If you are facing excessive points on your driving record, you have a right to a hearing at the Department of Motor Vehicles to determine whether your license should be suspended or you are entitled to a probationary period of driving.

PRACTICE AREAS:

Cities of Denver, Boulder, Aurora, Littleton, Englewood, Castle Rock, Lakewood, Thornton, Wheat Ridge, Golden, Westminster, Broomfield, Longmont, Fort Collins, Breckenridge, Georgetown, Colorado Springs, Lone Tree, Highlands Ranch, and Parker, and for Colorado Traffic Tickets issued in the counties of Denver, Boulder, Jefferson, Arapahoe, Weld, Adams, Broomfield, Douglas, El Paso, Clear Creek, Summit, Larimer.