Obedient drivers often reach their destination without hassle. This is the benefit of knowing exactly how to navigate the legal rules of traffic. In Colorado, traffic laws are imposed on motorists with strict penalties to guarantee that roadways are free from reckless drivers and those who do not have legal documents to operate.
The Colorado Department of Motor Vehicles (CO DMV) oversees traffic violation management within the state. Their responsibilities include processing traffic tickets, collecting fines, and regulating driver's licenses, which may include suspensions or revocations of severe infractions.
Moreover, the CO DMV collaborates with the Colorado State Patrol (CO SP), which imposes traffic laws within the state. From January to the second week of July 2024, the CO SP recorded 37.5% cases of fatal crashes. This implies a call for the agency to heighten its measures to reduce road accidents due to traffic violations.
Thus, discipline on the roadways may be underrated. But it is one key to reaching one's destination safely and soundly. Colorado motorists must note that they can never escape from the repercussions of these traffic rules in case of unwanted incidents due to traffic violations. In the end, no one gets imprisoned if they are careful to follow the law.
What Are the Major Traffic Violations in Colorado?
As mentioned above, Colorado has a comprehensive set of traffic laws designed to highlight road safety. While minor infractions might result in fines, certain violations are considered more severe due to their potential impact on public safety under Colorado Revised Statutes (CRS) Title 42.
There are two types of traffic violations in Colorado: moving and non-moving. A moving violation occurs when motorists commit an offense while driving a vehicle. This includes driving under the influence of alcohol, speeding, or disregarding traffic signs.
On another note, a non-moving traffic violation is committed when it involves a stationary vehicle. Examples include illegal parking, driving with invalid registration, and expired license plates.
To comprehensively understand these violations, here's a breakdown of some of them:
Driving Under the Influence (DUI)
In Colorado, operating a vehicle with a blood alcohol content (BAC) surpassing 0.08% constitutes a DUI offense. This is stipulated in 2022 CRS Section 42-4-1301. The law encompasses not only alcohol but also the use of drugs or a combination of both.
Moreover, driving while impaired by any substance, regardless of BAC level, is also a DUI violation. A DUI conviction in Colorado carries severe penalties, including substantial fines, potential jail time, license suspension, and mandatory participation in alcohol or drug treatment programs. The severity of these penalties increases with repeated offenses.
For a first offense, fines can range from $600 to $1,000, and a jail term of five days to one year is possible. License revocation for up to 9 months and public service of 48 to 96 hours are also possible sanctions.
Charges get higher for repeatedly being charged with the offense. Fines may rise from $600 to $1500, including a jail term of ten consecutive days up to one year for the second offense and 60 straight days to one year for the third offense.
In addition to those penalties, license revocation may extend for up to one and two years for second and third offenses, and community service of 48 to 120 hours is required.
Reckless Driving
Reckless driving is defined as a willful or deliberate disregard for the safety of others while operating a vehicle. Examples include excessive speeding, erratic lane changes, running red lights, and tailgating. Reckless driving is often a misdemeanor and can result in hefty fines, license suspension, and potential jail time.
As indicated in CRS Section 42-4-1401, reckless driving is considered a more serious offense than careless driving. It is classified as a class 2 misdemeanor traffic offense, which can result in up to 90 days in jail. Offenders may also face a fine of up to $300 and receive eight points on their driving record.
Speeding
Exceeding posted speed limits is one of Colorado's most common traffic violations. The severity of the offense depends on how fast the driver was going over the limit. Fines increase with higher speeds, and excessive speeding can result in license suspension or even criminal charges.
Colorado law categorizes speeding offenses based on the severity of the excess speed. This is stipulated under CRS Section 42-4-1101. Driving up to 24 miles per hour over the posted speed limit is a minor traffic violation while exceeding the limit by 25 miles per hour or more becomes a criminal offense.
Additionally, speeding in a construction zone is considered a more severe offense. Furthermore, drivers must adjust their speed to match hazardous road conditions; failure to do so is a traffic violation. Depending on the severity, the offender may be charged as high as $1000, including one year of jail time.
Distracted Driving
With the rise of mobile technology, distracted driving has become a significant concern. In Colorado, texting while driving is illegal for all drivers. For drivers under 18, any use of a cell phone while driving is prohibited. Violations can result in fines and points on the driver's license.
Comprehensively, distractions while driving encompass a wide range of activities, including consuming food, sending messages, conversing, and engaging with media. Colorado Department of Transportation (CO DOT) reports indicate that in 2020, distracted driving contributed to over 10,000 crashes in Colorado. This resulted in numerous injuries and fatalities.
Minors charged with this offense may pay a fine as high as $300 for subsequent violations. Adult drivers involved in distracted driving that results in harm or death may be fined as high as $1,000, plus a possibility of a one-year imprisonment.
Running Red Lights or Stop Signs
Failing to obey traffic signals and signs is a severe offense in Colorado. The state regards traffic obedience as a non-negotiable practice highly stipulated in CRS Section 42-4-403. This includes running red lights, rolling through stop signs, or ignoring yield signs. These violations carry fines and put drivers and pedestrians at risk of accidents.
Drivers caught disregarding a stop sign face a fine of $80, while those running a red light receive a $110 fine. However, red light camera violations carry a lower maximum penalty of $75.
Hit and Run
Leaving the scene of an accident without exchanging information or rendering aid is a severe offense in Colorado.
The severity of the charge depends on whether the accident resulted in property damage, injury, or death. A hit-and-run can be charged as a misdemeanor or felony, with penalties including fines, license suspension, and imprisonment, as per CRS Section 42-4-1602.
Hitting an unattended vehicle is considered a class 2 misdemeanor, punishable by up to 90 days in jail and a fine ranging from $150 to $300. This applies regardless of whether the incident occurs in a parking lot or on the street.
Moreover, if the accident leads to physical pain, illness, or mental impairment, the offense becomes a class 1 traffic misdemeanor. The potential penalties escalate to a maximum of one year in jail and a fine between $300 and $1,000.
In the tragic event of a fatality resulting from a hit-and-run, the most severe charge applies to a class 3 felony. The potential penalties include 4 to 12 years in prison and a fine between $3,000 and $750,000.
How Does Colorado's DMV Point System Work?
Colorado's point system tracks driver behavior and imposes consequences for traffic violations. This system is designed to encourage safe driving practices and deter repeat offenders.
Each traffic violation is assigned a specific number of points. The more severe the offense, the higher the point value. Points typically remain on one's driving record for a particular period, usually one to five years, depending on the violation.
Colorado has different point thresholds for various age groups stipulated in the guidelines for point suspension of the Colorado Department of Revenue (CO DOR):
- Drivers under 21: Can accumulate a maximum of 6 points in 12 months or 7 points total until age 21.
- Drivers aged 18-21: Can accumulate up to 9 points in 12 months, 12 points in 24 months, or 14 points total until age 21.
- Drivers over 21: Can accumulate up to 12 points in 12 months or 18 points in 24 months.
Factors Affecting The Points
Numerous factors can trigger law enforcers in Colorado's decision to impose a point on an offender. This means higher points are garnered depending on the degree of the offense.
For a comprehensive view of these factors, here are some of them:
Severity of the Offense
The most significant factor is the severity of the traffic violation. More serious offenses, such as DUI, reckless driving, or vehicular homicide, will result in a substantially higher number of points being added to a driver's record compared to minor infractions like speeding or failing to yield.
For example, according to Colorado's DMV point system, leaving the accident scene and DUI each earn 12 points.
Prior Driving Record
Drivers with a history of traffic violations are typically subject to stricter penalties. Subsequent offenses, especially similar ones, can lead to a higher accumulation of points. This reflects the state's intention to deter repeat offenders and prioritize road safety.
Aggravating Circumstances
Additional circumstances surrounding the traffic violation can also influence the point assessment.
For example, excessive speed, causing an accident, or driving in hazardous conditions can elevate the severity of the offense and result in a higher number of points being assigned. These aggravating factors demonstrate a more remarkable disregard for public safety and warrant stricter penalties.
For the complete list of points assigned to each traffic violation, refer to CRS Section 42-2-127.
Penalties For Accumulating Points in Colorado Driving Record
As per the guidelines for point suspension of the CO DOR, Colorado drivers face penalties for accumulating points on their driving records. The severity of these penalties varies based on the driver's age and license type.
For minors under 18, as few as six points within a year can result in license suspension. Adult drivers aged 21 and over may have their licenses suspended for accumulating 12 points in a year or 18 points over two years.
The system is designed to encourage safe driving habits, with harsher consequences for repeat offenders and younger drivers. Chauffeurs, such as taxi drivers, are subject to a different point system that allows for more points before suspension.
When a suspension occurs, its duration is determined by a hearing officer who considers aggravating and mitigating factors in the driver's history. Drivers may be eligible for a probationary license, but this comes with strict conditions and is not guaranteed. The probationary license is only valid within Colorado and for specific purposes like work or school.
Ways to Reduce Points in Colorado Driving Record
Enrolling in defensive driving courses is one effective method in Colorado to reduce points on driving records. These courses can sometimes lead to ticket dismissal, preventing point accumulation. Even when dismissal isn't possible, these courses may help reduce the number of points added and improve overall driving skills, potentially preventing future violations.
The CO DMV lists approved driving schools to assist motorists in finding appropriate courses.
Point reduction is also obtained by paying the traffic ticket on time. This could help reduce at least three driver's license points. However, motorists should be well-versed in Colorado's traffic do's and don'ts to avoid facing legal repercussions.
It is highly advised that they find time to browse the 2024 Model Traffic Code for Colorado for information related to legal obligations motorists should consider.
What Is the Process for Handling Traffic Tickets in Colorado?
Colorado's traffic ticket handling process can vary significantly based on the specific violation and the jurisdiction where it occurred. However, there are common steps involved that most drivers will encounter.
Understanding these general procedures can help individuals navigate the legal process more effectively.
Paying the Traffic Ticket
Upon receiving a traffic ticket, it is crucial to examine it meticulously. Drivers should carefully scrutinize the citation details, including the specific traffic violation listed and the alleged offense's exact date, time, and location.
Motorists must note that any tickets or citations made payable to CO DOR must be postmarked within 20 days of the violation date to prevent the citation from being sent to court. The Penalty Assessment Unit handles this process.
Payments can be made by check, money order, or via the CO DOR's Pay and Submit Citations tool. Cash is only accepted for in-person transactions at the CO DOR office.
It is essential to understand that payment is a direct admission of guilt. If motorists wish to contest the citation, they must appear in court on the date specified on the citation. For minors or those under 18, tickets must be issued with a Penalty Assessment Notice Minor Affidavit (Form DR 2334).
For inquiries concerning payment verification, lost tickets, or anything related to a Penalty Assessment Citation, individuals may call 303-205-5610. Non-English speakers are required to provide their own interpreter.
Determining the Next Step
After carefully reviewing the traffic ticket, drivers must decide on their next steps. If drivers believe the ticket is unjustified, they can contest the charges in court by pleading "not guilty." This plea can be submitted either in person or by mail.
Drivers should carefully examine the ticket for details about the court's location and contact information. After receiving the "not guilty" plea, the court will schedule a date for a final hearing.
For serious traffic offenses, the court may arrange a pre-trial conference. If convicted, serious violations may result in fines and jail time, so seeking legal assistance is advisable when contesting the citation. Lawyers can help negotiate, dismiss, or drop charges.
In some cases, defendants may choose to change their plea to "guilty" to reduce penalties potentially. If no agreement is reached during the pre-trial conference, the court will set a date for a final hearing. The entire process may take about 3-4 weeks.
How Are Accident Reports Handled in Colorado?
In Colorado, accident reporting is a serious matter governed by strict legal requirements. When a collision occurs, individuals are obligated to notify local authorities promptly. Failure to do so can result in legal repercussions, as the state classifies such negligence as a Class 2 misdemeanor traffic offense under CRS Section 42-4-1606.
The involvement of law enforcement becomes particularly crucial in accidents resulting in injuries, fatalities, or substantial property damage.
Upon arrival at the scene, officers meticulously document the incident, gathering information about the parties involved, witness accounts, and the overall conditions surrounding the accident. This comprehensive documentation culminates in the creation of the State of Colorado Traffic Crash Report, officially known as form DR 3447.
This report serves as a critical piece of evidence for insurance claims and potential legal proceedings. The DR 3447 form, introduced as an upgrade to its predecessor in 2006, was implemented in response to the rising number of accidents in the state.
The CO DMV maintains these accident records for a period of up to seven years. Those seeking to obtain a copy of their accident report must complete the Driver Record Requestor Release and Affidavit of Intended Use form and mail it to the address provided on the form.
What Should Drivers Know about Traffic-Related Arrests in Colorado?
Drivers facing traffic-related arrests should be aware of their rights. This awareness helps them avoid getting misjudged. They should know, too, that minor violations often result in citations, while more serious offenses like DUI or reckless driving can lead to arrest.
If arrested, individuals have the right to remain silent and should request an attorney. They must be cautious of their words because anything said to law enforcement can be used as evidence.
While cooperating with officers is essential, individuals should assert their rights if they believe they are being violated. Documenting any such incidents is advisable.
Moreover, individuals can dispute the charges through a formal court trial or by participating in a diversion program. These programs, such as community service, offer an alternative to conviction.
For humanitarian reasons, the state offers Colorado Legal Services for residents who cannot afford to pay a private lawyer. The agency intends to provide legal assistance for offenders under the middle-income bracket and those who are seniors.