Colorado Traffic Violations Legal Questions

You don't say what the ticket was for but most traffic tickets would require that the car was being driven, r case of things like DUI, that you had 'actual physical control' of the car.  If the car was inoperable, then it would be unlikley one could be convicted of any offense requiring 'driving' or 'actual physical control'. ... Read More

I could help you with this. Is the ticket in the Wheat Ridge municipal court or Jefferson County Court in Golden? When is the initial court date?  You can contact me directly at dave@millerandharrison.com or call 303-449-2830 x3.   David B. Harrison Miller & Harrison, LLC 2305 Broadway Boulder, CO 80304-4106   Work Phone 303.449.2830  x3   Website: www.millerandharrison.com  ... Read More

If the 'crime' occured int he officers county but the 'arrest' or 'stop' occured in anotehr county, it is probably okay if the officer was in 'hot pursuit'  of the perpetrator into the other county. BUT it is an issue that a defense lawyer may be able to use in the case. It depends a lot on the specific situation.... Read More

It would be appropriate to file something with the court that issued the bench warrant asking that the bench warrant be quashed, and attach a receipt showing payment.  If it is no0t quashed, a quick court appearance likely will resolve the matter. Most courts have a day and time for people to appear on bench warrants to get the case reset on the court docket.  Also, be aware that an 'unpaid ticket' will suspend your drivers license until the matter is resolved so getting the case in court resolved (i.e. bench warrant removed) is important so the DMV record ends up being accurate and you don't get arrested on the warrant or for driving while suspended. ... Read More

To straighten out the driving record it would take contacting the court that notified the DMV of the conviction, get their records straight and have the court notify the DMV of the situation (remove the 'unsafe car' ticket if there was no such ticket). So to be clear, contacting the court that said you were convicted of the ticket is the first step, get a copy of the file the court has and see what it says, and try to straighten it out from there.... Read More

If the ticket has an 'automatic points reduction' (usually listed on the back of the ticket) that is usually the best you can do as far as plea bargaining (a points reduction if paid within a short period of time). I don't read the way you described the siutation as you not being guilty of 'Failing to Stop at a Stop Sign" - in fact you pretty much admit that is what occured but that the reason was because the road was icy. I do not beleive that will work as a defense, so I would not count on getting the charge dismissed - only a reduction in points. If the reduction is NOT on the back of the ticket, you should contact the court where you'd have to go to court and ask if they have a plea bargain process for a reduction in points upon payment of the fine. ... Read More

The answer to this question likely depends on what court the case is in and what the charge is.  You placed this under the "Traffic Violation" heading so I assume it is a relatively minor traffic ticket. If you look at the back of the ticket it might have a procedure to plead guilty to a less serious offense with fewer points by mailing in a signed 'guilty' plea and a check. Or you can contact the court clerk and ask if there is a process for doing that.  Many courts are now being held via video and so if it is necessary to appear in court you likely can do it from wherever you live - again the court clerk could point you to how to do that.  But to directly answer your question, in most circumstances an attorney can take care of a traffic ticket for you without you needing to travel here.... Read More

Insuarnce policies normally note the date and time the insurance began. If you bought the insurance after the accident occured, it likely will not cover the accident damages if you were at fault.  Look at the policy or ask your agent when (what time of day) the coverage began.  IF you did not have insurance, then you likely will get a letter from DMV that will say your license will be suspended unless you provide proof you have insurance by a given day (normally 10 days or so after you get the letter - and the letter comes by US mail so watch your US mailbox for it). But providing the proof PRIOR to the 'effective date' of the suspension listed in the letter will result in NO supension. It is possible, if your insurance was not in place at the time of the accident, that your friends insurance was still vlaid and as a 'permissive driver' you should be covered.   In court, if you did not have insurance at the time of the accident but do have it by the court date, many prosecutors will still want a guilty plea to no proof of insuance charge, but the fine will be less because you now have insurance.... Read More

Most Colorado courts are now doing court appearances by video - so it seems to me you can 'appear' from your home where ever it is. Certainly if you hire a lawyer they should be able to take care of it. Was the ticket not issued as a 'penalty assessment' where you can just pay it within 20 days and get reduced points?  Did you fail to appear at the intial court date so there is a 'failure to appear' warrant?   I'd be willing to talk to you about this and see if I can talk you through getting it done without coming to Colorado. Possibly if you just contact the court clerk you can work it out that way.... Read More

It would seem you are charged in Fort Collin MUNICIPAL court and not State Court. You looked at the STATE statute on Careless Driving and found that penalty ($300 and 90 days in jail max). The MUNICIPAL code calls for the penalties of up to $3000 and up to 180 days in jail. It is extremely unlikely that anything close to the maximum fine is imposed and even less likely for jail to be imposed.... Read More

Traffic fines are limited only by what the maximum penalty set by statute is, whether state statute or municipal ordinance. I am unsure where you saww that $80 is the appropriate fine. It certainly depends on the court the ticket is written into. Plus there are court costs and statutory fees added to the fine. ... Read More

There is no way to remove old points from your driving record. The only possible thing that can be done is to try to 'undo' your payments by mail and start again in one or both cases to see if the points can be lowered. That will be fairly expensive and may not result in the points being reduced.  You likely will need to hire a lawyer to have a chance of geting that done.... Read More

If there is not a new date on the "Notice of Setting" then I would contact the Court (when it opens back up) and ask when the new court date is.  If the Notice of Setting has a new court date on it, then that is your new court date and when you have to be in court, and all they are saying is that you don't need to sign the form since you are not there in person at the time they reset it.  Is this a municipal Court case? ... Read More

If you have already plead guilty to No Proof of Insurance, then you will have gotten a letter from the DMV indicating you have to provide proof you are now insured by a certain date, or your license will be suspended.  If you provide the proof before that day, your license won't be suspended.  So if that is the situation, go out, get insurance, and provide proof to the DMV.  IF you are suspended because there was an accident and you need to make arrangmeents to pay the damages before DMV will give you your license back, then you have to find out what the damage was (you may have to pay for the guardrail damage) and then work out payments- and get a 'release' showing you have worked out the damage. Then you give that release to the DMV.. It was definitely wrong to not return your license for three days. Maybe they were being jerks or maybe they did not realize they had it. In any event you got it back. For most traffic offenses the police normally have a year to file the charges and serve you with a ticket.... Read More

The definition fo Careless Driving is 'driving in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and otehr attendant circumstances on the roadway'.  If it was a single car accident due to bad weather, the prosecutor likely will take the position that you were driving imprudently - too fast for conditions.  However, given the facts you laid out there is some chance the prosecutor will offer that if you plead to a reduced charge (possibly a two point offense like defective vehcile) they will dismiss the Careless Driving - and you will pay a fine and court costs and have to agree to pay restitution for any damge to any other entities property that may have been damaged (even things like highway deliniator posts, fences, etc.)... Read More

Since it is a traffic infraction and not a criminal offense (traffic infractions are considered civil offenses), then iot is harder to win your argument BUT, I do not see a down side to making the argument - probably prior to the next hearing.  Why did they not know cop was on vacation before they dismissed it and 'continue' the hearing instead of dismissing the case? The Rules for Traffic Infractions state at Rule 10 (a) that the charges shall be dismissed if the officer fails to appear at the final hearing - it does NOT allow for there to be a valid reason the officer did not appear. This should be a winning argument BUT you might need a lawyer to make it properly. Also, the finla hearing must be held within 6 months of when you asked for the final hearing.... Read More

Careless Driving is defined as driving in a careless and imprudent manner without due regard to the roadway conditions (curves, traffic, etc.).  Sounds like the damage was not much.  Careless is a 4 point offense.  If the 4 points would give you 12 or more points in the one year period prior to this incident or 18 points in the two years, then you should definitely get a lawyer.  If not, then you might want to go to the first court date yourself and see if they will offer a plea bargain (2 points defective vehicle or 3 point too fast for conditions?) that you are willing to accept.... Read More

Of course to prove the case of a moving traffic violation against you the prosecutor has to prove you did drive - or (depending on the charge) that you had ‘actual physical control’ over the car - which sometimes does not require that the car have moved.  You definitely need to discuss the situation in person with a lawyer........ Read More

The time period within which a lawsuit has to be filed with the court for an auto accident is three years, so it sounds like it was filed in a timely manner.  You need to hire a lawyer to defend your daughter.  If there was no insurance, she personally will be liable for any amounts awarded in the lawsuit. That can follow her for years as they try to collect on it. The other side will have to prove the damage to the car and for any injuries to the person. That is complicated, but possibly could be done.  You can request (normally through a lawyer) all the medical records, medical bills, car repair bills, etc.  If the other person had 'uninsured motorist coverage' then their insurance paid their claim, and the insurance is trying to get reimbursed. This complicates it even more.  I don't know how you would get through this without hiring a lawyer.  It may be the case can be settled for less than it would cost to defend the case. ... Read More

I am afraid there is no way to answer this question without seeing your driving record and understanding why your license was suspended (or revoked - they are different things). However, "extensions" of a suspension or revocation often happen if a person gets a traffic ticket while their license is suspended or revoked. If that is the reason it was extended, it is not likely it can be shortened. I would contact a lawyer, talk to them directly, have them get your driving record (or you can do so by going to any DMV office and paying $9), and analyze the situation to see if there is anything that can be done.  You should be prepared to pay for the lawyer's time for doing that. ... Read More

It is likely you will need a lawyer to try to get it reduced that much. There is some chance that if you agree to a driving school it might be possible to reduce it to 2 points but that would be quite a stretch in most courts - and it can definitely depend on what court it is in (County, Municipality, etc.)... Read More

If you have proof of paying the ticket, take that down to the clerks of the court;'s office, show it to them and straighten it out. If it turns out you did not pay it, then it is certainly better to avoid being jailed on a warrant for failing to appear in Court. Go and work out the payment at the clerk's counter. I will say, there are some scams going around like this so do not give credit card information over the phone to clear it up - go in person and make sure it actually is a warrant, that youy didn't pay, etc. ... Read More

The lack of being read your rights will not result in a case being dismissed. Two things have to be in play before "rights" have to be read - (1) a person is in custody and (2) that person is being interrogated about the crime they are arrested for.  I doubt on an arrest on a bench warrant you were questioned about the underlying crime BUT if you were, and rights should have been read, the only remedy you get is that the porsecution does not get to use the statements you made (and of course in a few rare cases, the only evidence the prosecution has is the persons own statement and so with out that the case has to be dismissed). ... Read More