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Colorado Traffic Tickets Questions & Answers
1 Answer | Asked in Traffic Tickets for Colorado on
Q: My 16 year old son who had a perfect driving record received a 6 point speeding violation in Douglas County, Colorado.

Is it better to pay the 200 fine and have the points dropped to 4 or go to court? How many points does he have on his license at 16 years old? He received his license 10/21/16. Thank you.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 22, 2017

For a driver under 18 years old, a license will be suspended if: (1) 6 points or more are accrued in 12 months or (2) 7 points or more are accrued at any time under the age of 18.

It is your decision if you want to pay the ticket or fight it in court. Two things to note: (1) do not...
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1 Answer | Asked in Traffic Tickets for Colorado on
Q: Ticket for harassment for using a slur against a black man who stole my personal property and damaged my car. What next?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 14, 2017

Pay the ticket or request a hearing for the ticket. All the information should be listed on the ticket you received.

If you are facing criminal charges (i.e. not a simple fine, but jail time), you should have an opportunity to hire or request a public defender.

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Do I need a lawyer to represent me in order to fight an improper mountain driving charge?

I was in an accident on my way to work. It was 7am, -40 degrees and the roads were nothing but ice. I am not from Colorado originally. I came from Florida. It was a posted speed limit of 35 with a suggested 15. I was driving between 15 and 20, and to what I believed to be extremely cautious. My... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 14, 2017

You have reasonable grounds to challenge the ticket. Most people do not hire lawyers to challenge tickets for money reasons, but a lawyer can make the whole process easier. This is a link to a NOLO book about challenging tickets:... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Can a citation be issued against a license that no longer is valid?

Moved out of state 4 years ago and turned in my Colorado license for new states license. While visiting Colorado last week, received a traffic citation based on my old Colorado driver's license number, address, etc.

Is this grounds for dismissing the charges in court?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 13, 2017

No this is not grounds for dismissal. I do not understand how the state would tie the ticket to your old info., unless it was a photo-radar ticket. It is highly recommended that you attend to this matter within the time frame allotted. With computers and cross-state exchanges of information, the... View More

1 Answer | Asked in Traffic Tickets and Immigration Law for Colorado on
Q: If an illegal alien committed a traffic violation and now has a court date set should they get a criminal & imm. lawyer?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 8, 2017

That is a personal decision.

If it is a simple violation it may be easier (and cheaper) to simply pay the ticket. If there is a hearing for say a DUI or reckless driving you should seriously consider a hiring a lawyer. As for the immigration issue, the hearing may result in a notification...
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1 Answer | Asked in Traffic Tickets for Colorado on
Q: Regarding a speeding ticket in Fort Collins CO, what happens if the officer booked the ticket for the wrong day?

I'm trying to figure out if I should fight this ticket. I was going 41 in a 30, but slowing down before the officer pulled me over. This is my first time being pulled over since I got my liscence (about 6 years ago) and never had a warning. She gave me a $160 ticket, and pulled me over right... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 2, 2017

You can fight the ticket. The two most successful approaches are either: (1) the speed was reasonable under the circumstances or (2) there was a technical defect in the clocking of your speed. There are other potential claims, but these seldom--if ever--work. The fact you were slowing down is more... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: What if there's errors on my ticket?

There are many errors on my ticket and Miranda rights were not read to me .

Brian K. McHugh
Brian K. McHugh
answered on Feb 28, 2017

The errors on the ticket may or may not make a difference in your case. It depends on the nature of the errors. Regarding the officers' failure to read you your Miranda rights, that failure may be of more consequences depending on whether you were BOTH in custody and subjected to... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Can I fight suspended license from more than 30 years ago when the state has no record of my payments?

I misplaced my California driver license, which I obtained in August of 1986. I went to the DMV to get a new one and was told that I had a suspension in Colorado. I contacted Colorado's Dept. of Revenue and was told it was under suspension and there would be a $95 fee required to re-instate... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 23, 2017

I understand the surprise. You can challenge the suspension, but you will need evidence of payment (beyond recollection) and you might have to appear in Colorado. I know it is not fair, but it may be cheaper and faster to simply pay the fee in Colorado. There are no formal procedures to waive the... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: If i recieved a ticked in LA, and lost it, I live in CO. Will something happen to me if i dont pay it?

lost ticket on vacation in Lousianna during middle of december

i think court date was 02/22/2017

I live in Colorado

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 22, 2017

With computers the ability to skip on tickets is very low. If the ticket was placed on a vehicle that you own, you will likely be found. If it was a rental, it may take more time, but the rental car will have a record of who had possession when the ticket occurred. You could get lucky and not be... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: how can you tell if you have been charged with a traffic offense?

husband was accused of evading (and several other traffic offenses) and was incarcerated a short time later for over 5 years. the city issued a hold on his license but never issued a warrant for not appearing for his arraignment and never had him transferred. I have looked everywhere and am unable... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 21, 2017

Evading and other serious traffic offenses are crimes and are handled as part of a criminal case in county or district courts (since jail time is a possibility). Traffic infractions (which are fee-based), are still criminal charges, but are "petty offenses" and are handled in traffic... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: how can you find out if you have been charged with a traffic offense?

husband received a traffic ticket and wound up in prison before he went to court. we can't find any indication that he was charged, but I am not sure if I am missing something or if he was even charged. he received a ticket but never had a warrant issued when he didn't appear.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 21, 2017

If he did not appear for the hearing, the judge would have found him guilty as charged (i.e. no defense was provided). Depending on how recent the hearing was, you may be appeal the determination if you can prove that your husband was in jail at the time of the hearing (i.e. the defendant was... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: can the city attorney still proceed if a traffic ticket was issued 5+ years ago? no warrant was ever issued.

husband was accused of evading (and several other traffic offenses) and was incarcerated a short time later for over 5 years. the city issued a hold on his license but never issued a warrant for not appearing for his arraignment and never had him transferred. has the statute of limitation... View More

Brian K. McHugh
Brian K. McHugh
answered on Feb 21, 2017

If he was charged the statute of limitations stopped running at the time he was charged.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: If I'm 16 and have a court date do my parents have to come with me or can I got by myself

I mean go by myself

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 18, 2017

You can go by yourself, however it is highly recommended that at least one parent/guardian also be present. The likelihood that your parents/guardians will discover about the violation and the punishment is all but guaranteed regardless of their presence at court.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Is it law in Colorado that your car will be towed if you cannot provide reg and ins?

My daughter and her husband were pulled over. Since they could not find either their registration or proof of insurance, the sheriff deputy had their car towed. Is that a Colorado state law requirement?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 16, 2017

Yes it is legal. Lacking registration and insurance can be an indication the car was stolen. Even if the car was not stolen, it is a requirement that both valid insurance and current registration be attached to all vehicles on Colorado roads.

1 Answer | Asked in Traffic Tickets for Colorado on
Q: What is the law regarding a minor that has a driver's permit but is caught driving without a guardian?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 30, 2017

Review the materials you should have received when the minor got his/her license. For a minor without a full driver's permit (learner's permit), having an adult listed on the license application is a condition of the license. Not having a valid adult can result is a revocation of the... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Is there any way to dispute a private parking lot ticket in CO, with a party other than those related to the case?

I disputed it right away after receiving the ticket with the private lot company, who of course is not a neutral party to the fine and told me it was still valid and that I could "wait until it goes to collections" to dispute it further. I've written now to the collections agency... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 26, 2016

In Colorado--like every state--the litigants (i.e. at trial) must be either the party/parties to the case or a lawyer. For non-court matters, anyone can represent a party. Note: you can always be present, but you cannot cross the "gate" in a courtroom unless you are a party, lawyer or are... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: Is a perfect driving record taken into consideration when receiving a traffic violation ticket?

I was ticketed for the move over law, the officer had pulled a vehicle over and was writing a ticket for them. He was not standing outside the vehicle, it was a 2 lane road, there was traffic in the left lane, I was driving in the right lane. I slowed down to more the 10 mph below the speed limit... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 21, 2016

Yes and no. A driving record is considered for DUIs, driving without a license, and other offense in that a second or greater violation within a period of time results in an increased penalty. For a parking violation a good driving record would not normally be directly considered. If you feel the... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Colorado on
Q: I got pulled over for being one third of a car stopped over the white line at a red light,does a search exceed the stop

After i was stopped i was first asked to step out of the vehcile to be searched. I said no a # of times until the officer bribed me saying if i step out of the vehcile and does not find anything illegal on me he will not search my vehcile. So i stepped out thinking he would go good on his bribe, he... View More

Brian K. McHugh
Brian K. McHugh
answered on Dec 16, 2016

Based on the facts stated, the answer to your question is yes.

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: It's says that if I own my property then I should have the legal right to travel without interruption and no license.

I have been pulled over for driving without a license and if this is true about not needing one do I have any grounds for Retribution

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 15, 2016

I am not sure what you are referring to... If you are referring to the US Constitution, the freedom of interstate travel does not cover instate driver's licenses. Per Colorado (and every other state/DC) law, a person operating a vehicle on a public or private road must possess a valid... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I received a DUR in Colorado even though my right to drive was reinstated.

I received a DUR in Colorado even though my right to drive was reinstated. At time of reinstatement, my license had expired, so i was required to get a permit and then drivers test. After taking permit and passing, i was told Florida has a traffic warrant under my name and d.o.b. even though... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Dec 8, 2016

DUR (driving under restraint) essentially means that you were charged with knowingly driving with an invalid (restrained) state or out-of-state license. It appears the origin of this relates to the FL warrant. This is what you need to do: (1) contact the police/court where the warrant was issued... View More

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