| |
| |
|
|
|
|
|
|
Home
About Us
Attorney Profiles
Practice Areas
Contact Us
Traffic Law Pages:
Defense of Tickets
FAQs on
Traffic Tickets
Commercial Licenses
DUI
DUI Glossary
DUI
Penalties
Driving
Under Restraint
Driving While Ability Impaired
Out of State Drivers
Underage Drinking/ Driving
Defensive Driving Classes
Probationary Licenses
|
|
Do I have to come to court?
The answer depends on what you
are charged with and where. If
you are charged in a Municipal
Court, an attorney can most
often appear without you. If you
are charged in County Court, the
chances are that you must come
to court unless 1) you live
outside Colorado, or 2) you are
charged with a minor traffic
infraction. In either case, we
will a Motion to Waive your
appearance if it is inconvenient
for you to come to court and we
have authority to act on your
behalf. If you have missed a
previous court appearance on the
current case, the court may
require your personal presence
in court and may require you to
post a bond to guarantee that
you come to court in the future.
What is a non-moving violation?
Auto insurance companies treat
several minor offenses as
“non-moving” violations which
will not trigger an increase in
your insurance premiums. In
Colorado, non-moving violations
include:
- Defective or Unsafe Vehicle (2
points)
- Defective Headlamp (1 point)
- Obstructed Windshield (0
points)
- Fictitious Plates (0 points)
- Unlawful Use of Slugs (0
points)
The municipal codes of different
cities may use different terms
to describe similar charges.
Will my Insurance Company see
the Original Charge?
If you enter into a plea
bargain, the court will send
notice of the conviction to the
Colorado DMV. The court will
only send notice of the charge
you pled guilty to. The original
charge will show up on your DMV
record only if you fail to
comply with the court’s
sentence, such as defensive
driving classes or fines.
back to top |
|
|
|
|
|
 |
|
Can I get a Jury Trial on a
speeding ticket?
The answer is probably NO.
Colorado and most cities have
de-criminalized many traffic
offenses. If you are facing a
civil (rather than criminal)
traffic infraction, you do not
face the possibility of a jail
sentence. You also do not have
the right to a jury trial. To
determine whether you have a
right to jury trial, we need to
know what court you are being
charged in. For most speeding
tickets, you only have the right
to a court trial or a final
hearing. When a judge is hearing
the evidence on a speeding
ticket, your chances of winning
decrease. Regardless, we can
file discovery motions and
challenge evidence to hold the
prosecution to its burden of
proof.
What happens if I missed my
court date?
If you missed the court date on
your traffic ticket, the court
may issue warrant for your
arrest. The warrant is called an
“Outstanding Judgment Warrant” (OJW).
The court will notify the DMV
about your failure to appear.
The DMV will send you a notice
that your license will be
cancelled unless you take care
of your ticket in court. The
only way to avoid or undo the
suspension is to give the DMV a
“clearance letter” from the
court. The court will charge you
$30 to clear any OJW. We can ask
the court to vacate the warrant
and explain why you missed
court. The court may or may not
vacate the warrant. We have had
success with vacating warrants,
but some judges will require
that you surrender yourself and
post a cash bond (usually $250
-1000, depending on the charge).
Even if the judge vacates the
warrant, you will have to pay
the $30 OJW fee.
back to top
Do I have to pay Restitution?
If you are charged with a
COLORADO STATE law violation,
the prosecution has a duty to
demand restitution on behalf of
the victims of an accident.
Restitution means any pecuniary
loss caused by the defendant’s
criminal acts. The court may
order you to pay restitution to
reimburse another party for lost
wages, rental car expenses,
medical treatment, and insurance
deductibles. You have the right
to a hearing in court, where the
judge will hear evidence about
alleged expenses and costs.
If you reach a plea bargain, the
prosecution may seek an
agreement that you pay
restitution as part of the
sentence.
You can only be ordered to pay
restitution for costs that are
not covered by insurance. If you
are charged with a traffic or
criminal offense that caused
economic damages, you should try
to get your auto or homeowners
insurance to pay as much as
possible. If you did not have
insurance and are found guilty
of an offense arising out of an
accident, the court will most
likely order you to pay
restitution. The prosecution has
90 days to provide restitution
information to the court. This
time may be extended by the
court for good reason.
If your case is in a Municipal
Court and you are charged with
violating the Municipal Code of
a city, then the court may lack
authority to order you to pay
restitution.
Kurtz & Peckham is experienced
at challenging restitution
requests and can represent you
in a hearing. If needed, we can
subpoena records and witnesses,
such as auto mechanics.
back to top
|
|
|
|
|
|
|
pic 13 5x113
|
|
What happens if I am charged
with NPOI?
If you provide the court with
proof that your vehicle was
insured on the date you were
pulled over, the charge will be
dismissed.
If your car was not insured, and
the cop had a legal reason to
pull you over in the first
place, then you will face a
conviction for No Proof of
Insurance (NPOI). There is a
mandatory $500 minimum fine for
a first offense. The judge can
suspend up to $250 of the fine
if you later got insured.
NPOI is a four (4) point
offense. If you are convicted of
NPOI, you will receive a notice
of suspension from the DMV. In
order to avoid a suspension of
your license for violating the
Financial Responsibility Act (FRA),
you must provide the DMV with
proof that you are insured. You
also have to get a special type
of auto insurance, called an
SR-22. The SR-22 form requires
the insurance provider to notify
DMV if your insurance lapses. Go
to the Department of Revenue
website for more information
about SR-22 insurance at:
http://www.revenue.state.co.us/mv_dir/home.asp.
back to top |
|
|
|
|
|
|
