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Kurtz & Peckham has significant experience in the arena of defending drivers in traffic cases. You can rely on us to give you up-to-the-minute information regarding the policies of metro area courthouses and the DMV. Click Here to learn about our Defense of traffic tickets.

New in Colorado Traffic and Motor Vehicles Regulations 2009

S.B. 09-133 Motor vehicles - traffic violations -surcharges - Colorado traumatic brain injury trust fund. Increases the amount of the surcharges that are collected on certain traffic violations and credited to the Colorado traumatic brain injury trust fund.
You may wonder why your traffic fines are so high - sometimes the fine itself is not the reason for the amount of money owed - surcharges such as those listed above create the added cost.
Effective June 2, 2009

S.B. 09-148 Bicycles-operation on roadways- interaction with other vehicles- passing- safety margins- use of turn lanes- riding two abreast - harassment of bicyclists - penalties. Clarifies rules governing bicyclists riding 2 abreast, staying to the right hand side of the roadway when possible, and using right -turn lanes. Specifies that a driver must allow at least 3 feet of clearance when passing a bicyclist, and creates a limited exception to the prohibition of driving left-of-center to allow drivers to give bicyclists extra room.
Punishes crowding or threatening a bicyclist with a motor vehicle as careless driving. Provides enhanced penalties for throwing any object or substance at a bicyclist.
Effective August 5, 2009

S.B. 09-222. Moving violations-enforcement- automated vehicle identification devices- sign requirements. Sets the following standards for signs that give warning that an automated vehicle identification device is being used to detect a traffic violation or disobedience to a traffic control signal:
• The sign must be placed in a conspicuous place not fewer than 200 feet nor more than 500 feet before the automated vehicle identification system; and
• The sign must use lettering that is at least 4 inches high for upper case letters and 2.9 inches high for lower case letters.
Effective August 5, 2009

H.B. 09-1026 Small vehicles- scooters- electrical assist bicycles - mobility devices. Replaces the current categories of self-propelled vehicles of “motor-driven cycle”, “motor scooter”, and “motorized bicycle” with “motorcycle” and ‘Low-power scooter”. Applies substantially similar requirements to such vehicles. Defines “low-power scooter” as a vehicle with fewer than 4 wheels, no manual clutch, and a power capacity not exceeding either 50cc or 4,476 watts. Conforms the definitions of “motorcycle” and “toy vehicle” to categorize the vehicles.

Requires the driver of a low-power scooter to carry insurance, effective July 1, 2010, and includes the vehicle in the insurance database. Prohibits the operation of a low-power scooter at over 40 miles per hour. Imposes the following penalties for exceeding 40 miles per hour:
• 1-4 miles per hour over is $56 and 0 points;
• 5-9 miles per hour over is $85 and 2 points;
• More than 9 miles per hour over is $116 and 4 points.

Authorizes an electrical assisted bicycle, which has substantially similar standards to a bicycle except that it its not authorized for use on a bike or pedestrian trail. Authorizes the use of an electric personal assistive mobility device on a roadway with the following limitations:
• It is prohibited on a limited-access highway;
• It is prohibited on a bike or pedestrian path; and
• It is limited to a speed of twelve and one-half miles per hour.

Authorizes local jurisdictions to set local standards for the use of electrical assisted bicycles and electric personal assistive mobility devices.

Clarifies that the drug and alcohol driving offenses apply to all vehicles, including low-power scooters, farm tractors, and off-highway vehicles.
Portions effective October 1, 2009; Portions effective July 1, 2010.

H.B. 09-1027 Transit buses - right of way- yield sign. Authorizes illuminated yield signs on transit buses. Requires drivers of vehicles in the same lane of traffic behind a transit bus to yield the right-of-way when the bus is signaling an intention to enter a traffic lane. Specifies that a public mass transit operator is not required to install yield signs on its transit buses and that a driver of a transit bus is not relieved from the duty to drive with due regard for the safety of all persons using the roadway.
Effective August 5, 2009

H.B. 09-1094 Wireless telephone use while driving- under 18 complete prohibition - over 18 prohibit texting - exceptions. Prohibits persons who are under 18 years of age from using a wireless telephone while operating a motor vehicle. Prohibits person who are 18 years of age and older from using a wireless telephone to send text messages while operating a motor vehicle. Makes exceptions for contacting a public safety entity or during an emergency. Makes violations a class A traffic infraction.
Effective June 1, 2009

H.B. 09-1236 School buses- stops -signs - passing. Requires a driver to stop at least 20 feet before reaching a school bus when the bus signals the driver to stop. Specifies that driver must also stop at least 20 feet before reaching a school bus that is not required to be equipped with visual signal lights when such a bus stops to receive or discharge schoolchildren.
Effective August 5, 2009

H.B. 09-1246 Violations - court orders - driving schools . Requires the department of revenue (department) to contract with a private entity by July 1, 2010, to monitor and evaluate driver improvement schools that defendants are required to attend by court orders. Requires the private entity to submit a report to the court that has approved the particular driving school. Requires defendants attending the school to register with the private entity.
Broadens the ability of courts to require driving schools for the violation of any law regulating the operation of a motor vehicle, except for drug and alcohol offenses. Requires a court to offer the defendant the opportunity to attend such a school if the defendant has not been convicted of violating any law regulating the operation of a motor vehicle within the previous 18 months.
Creates the defensive driving school fund. Imposes a penalty surcharge on defendants ordered to attend a driving school in an amount determined by the department to offset the direct and indirect costs of monitoring and evaluating the schools. Requires the referring court to provide information about the penalty surcharge.
Effective August 5, 2009
 

Our traffic defense practice involves frequent appearances in Denver, Aurora, Westminster, Thornton, Broomfield, Boulder, Greeley, Littleton, Commerce City, Fort Collins, Lakewood, Longmont, Lafayette, Brighton, Adams County, Douglas County, Jefferson County, and Arapahoe County.

We specialize in defending all types of motorists, truck drivers, taxi drivers, limo drivers, and bus drivers.

Cases In Which We Specialize
The traffic cases we handle include:

• Moving violations (speeding, careless, improper lane change)

• Accidents

• Reckless driving

• Vehicular homicide and vehicular assault

• Hit & Run

• Failure to Report

• Driving Under Restraint (go here for our section on DUR)

• Driving Under Suspension

• Alcohol-Related Driving Offenses (DUI, DWAI, UDD - go here for more info)

• Out-of State Licenses (go here for more information)

Legal Assistance for Motorists
Kurtz & Peckham has developed significant experience in the area of defending motorists in traffic cases.

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Convenient Services
In many cases, Kurtz & Peckham can save you time and money by appearing in court on your behalf. Depending upon the courthouse and other circumstances, you may not have to appear in court. With your authorization, courts often allow us to resolve your traffic matter without your presence, saving you time and money from loss of work and other commitments.

In addition, you may not even have to come into our office to take advantage of our assistance. We can meet with you and open your case over the phone. Payment of attorney’s fees is accepted though cash, check, money order, or credit card.

If you have a ticket, summons, or notice of suspension, call or come into our office today for a free consultation and a fee quote to see how we can help.

Potential Impact of Traffic Tickets
Speeding and other traffic citations may result in the suspension or revocation of your driving privileges. Your insurance company could increase your auto insurance premium when you plead guilty to speeding or other moving violations. By reducing the charge on a ticket to a non-moving violation, we may help you avoid insurance premium increases. By contesting a ticket, you can limit fines and avoid possible license suspension. In many cases, we can reduce the number of points or save you from any points being assessed against your license.

Whether you are interested in keeping a clean driving record, saving money, or maintaining your license to drive, you can count on receiving expert advice and informed counsel from Kurtz & Peckham attorneys.

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Colorado Points System
The Colorado Department of Revenue has authority to suspend the license of any driver who has been convicted of traffic violations resulting in the accumulation of a certain number of points, depending upon your age (C.R.S. § 42-2-127(1)(a)):

If you are an ADULT over 21 years of age, your license to drive will be suspended upon the accumulation of 12 points within 12 months or 18 points within a 24 month period.

If you are a MINOR driver 18 to 21 years old, the DMV will suspend your license when you reach 9 points within a 12 month period or 12 points within 24 months. The DMV will also suspend a license if you accumulate 14 points over the life of the license, if the offenses all occurred after age 18.

If you are MINOR driver under age 18, the DMV will suspend your license when you reach 6 points in 12 months or 7 points within 24 months. The DMV will also suspend your license if you accumulate 7 points over the life of the license, if the offenses all occur prior to age 18.

A Chauffer license will be suspended when you reach 16 points within 12 months, 24 points within 24 months, or 28 points within 48 months. All of the points must be accumulated while driving in the course of employment.

The period of time that a point affects your driving record is measured from the date of violation until the date of the next violation. The period does not run from the date you enter a guilty plea, are found guilty, or sentenced for a traffic violation. However, the Department does not assess the points against a license until a conviction is entered for the traffic violation. C.R.S. § 42-2-127(2)(a).

The Department may suspend a license due to points for up to one year. Drivers are eligible for a probationary license when the suspension is due to the accumulation of points. The Department’s Hearing Officers have discretion whether or not to issue a probationary license.

The Department may suspend or revoke a driver’s license for many reasons -- alcohol and drug-related driving offenses, nonpayment of child support, driving under restraint, driving without insurance, failure to appear in court. You should contact counsel to discuss the implications of these actions, your due process rights, and the steps necessary for reinstatement, if possible.

If you receive a Notice of Suspension, Cancellation, or Revocation you must request a hearing according to the terms of the Notice. Call Kurtz & Peckham immediately to arrange a consultation.