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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)
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Accidents
-
Reckless driving
-
Vehicular homicide and
vehicular assault
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Hit & Run
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Failure to Report
-
Driving Under Restraint (go
here for our section on
DUR)
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Driving Under Suspension
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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.
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