Robert D. Gustafson, Attorney At Law COLORADO SPRINGS TRIAL LAWYER
6538 Charter Drive Colorado Springs, CO 80918-1335 Phone (719) 260-1002 Toll Free (800) 410-1002 E-MAIL    ATTORNEY		Attorney Business Hours Attorney Availability Status FREE INITIAL CONSULTATION   Fax (719) 260-1003
COLORADO SPEEDING TICKETS COLORADO SPRINGS TRAFFIC DEFENSE
WELCOME I appreciate your interest perhaps I will become your attorney

Colorado Speeding Ticket Defense - Colorado Springs radar, vascar, pace clock, visual estimate, evidence of speed, speed trap, aerial or airplane surveillance. Defense of traffic infractions & traffic offenses and Colorado DOR - DMV driver's license suspension revocation or denial proceedings. Elements of offense and penalties, Colorado state law - maximum lawful speed limit, reasonable and prudent speed, preemption, Colorado Springs municipal ordinances, traffic engineer's survey, notice - signage requirements, size & placement, velocity and speed conversions, Colorado Springs Municipal Court, Manitou Springs Municipal Court, Woodland Park Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court, Calhan Municipal Court, Simla Municipal Court, Town of Simla Colorado, Court Simla Colorado, Pueblo Municipal Court, Castle Rock Municipal Court, Palmer Lake Municipal Court, Simla Colorado, Calhan Colorado, Denver Municipal Court, Aurora Municipal Court, Brighton Municipal Court, Broomfield Municipal Court, Centennial Municipal Court, Englewood Municipal Court, Federal Heights Municipal Court, Golden Municipal Court, Littleton Municipal Court, Sheridan Municipal Court, Thornton Municipal Court, Wheat Ridge Municipal Court, WheatRidge Municipal Court

        When a driver receives a speeding ticket, generally it is an inconvenience but nothing more.  Usually the prosecutor will negotiate a least a point off the offense charged, perhaps more.  Prosecutors may agree to reduce the ticket to a 2 point defective vehicle or 0 point obstructed rear window which won't likely excite the insurance company.  After payment of fine and costs, and crossing guard surcharge in Municipal Court, life moves on.  It is worthwhile to appear in Court on the summons date to receive the benefit of plea negotiations.  Usually counsel is not involved.

        Simple is not always the case.  If the ticket will cause loss of driver's license or driving privileges in Colorado, or cancellation of insurance or significant premium hike, or perhaps a CDL will be affected and therefore livelihood, then matters become different.  Defense of speeding tickets is somewhat complex.  Here I have provided basis overview information.  In my primary website pages linked above, visitors will find additional information for those with problematic cases.

        The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.  

CRS 42-4-1101 Speeding - State Law
        Refer to the link for information pertaining to state law.

Refer to early payment point reduction

* Traffic Infraction - Information & State Court Procedures
** Traffic Offense - Information & State Court Procedures
*** Points - not applicable to bicycle or motorized bicycle
**** court appearance required
refer to link for additional information

10.5.101 - 10.5-110   Colorado Springs Municipal Ordinances
        Refer to the link for information.

Colorado Springs Municipal Court has NOT adopted early payment point reduction
early payment will result is assessment of full points charged

Municipal Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings.

Robert D. Gustafson Attorney At Law Colorado Springs, Colorado Surrounding Area MUNICIPAL COURTS SPEEDING TICKET DEFENSE Phone (719) 260-1002 Toll Free (800) 410-1002 Fax (719) 260-1003 Southern Colorado Colorado Springs Municipal Court Municipal Court - Colorado Springs Colorado Calhan Municipal Court Municipal Court - Calhan Colorado Canon City Municipal Court Municipal Court - Canon City Colorado Castle Rock Municipal Court Municipal Court - Castle Rock Colorado Cripple Creek Municipal Court Municipal Court - Cripple Creek Colorado Florence Municipal Court Municipal Court - Florence Colorado Fountain Municipal Court Municipal Court - Fountain Colorado Manitou Springs Municipal Court Municipal Court - Manitou Springs Colorado Palmer Lake Municipal Court Municipal Court - Palmer Lake Colorado Pueblo Municipal Court Municipal Court - Pueblo Colorado Simla Municipal Court Municipal Court - Simla Colorado Woodland Park Municipal Court Municipal Court - Woodland Park Colorado Metro Denver Area Denver City & County Traffic Court Traffic Court - Denver Colorado Denver City & County Criminal Court Criminal Court - Denver Colorado Aurora Municipal Court Municipal Court - Aurora Colorado Brighton Municipal Court Municipal Court - Brighton Colorado Broomfield Municipal Court Municipal Court - Broomfield Colorado Centennial Municipal Court Municipal Court - Centennial Colorado Englewood Municipal Court Municipal Court - Englewood Colorado Federal Heights Municipal Court Municipal Court - Federal Heights Colorado Golden Municipal Court Municipal Court - Golden Colorado Littleton Municipal Court Municipal Court - Littleton Colorado Sheridan Municipal Court Municipal Court - Sheridan Colorado Thornton Municipal Court Municipal Court - Thornton Colorado Wheat Ridge Municipal Court Municipal Court - Wheat Ridge Colorado Municipal Ordinances & Codes Colorado Model Traffic Code Denver Travel Time & Mileage Colorado Springs Attorney

NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If your ticket in in this court, counsel must prepare for trial; trial fees and costs would be quoted.

Municipal courts do not have the availability of e-Filing as do state district courts, however some of the local area smaller municipal courts have now come into the 21st century by accepting pleadings and filings via email and payment of fines and costs via bank on-line bill pay regarding infractions and minor offenses.  Depending upon court policy regarding entry of plea via email and e-payment subsequent to negotiation without the necessity of physical appearance, travel time & mileage may possibly be avoided.  Not all courts permit this.

        The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.  Special hazards such as snow, rain, construction, or other attendant circumstances may effect the reasonable and prudent speed.

Maximum Lawful Speed

Colorado has one lawful speed limit - 75 miles per hour.  All other "speed limits" are merely prima facie evidence of reasonable and prudent speed.  See below statute. CRS 42-4-1101(8) ¶¶ (b) & (c)

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Reasonable and Prudent Speed
may not be so reasonable or prudent

CRS 42-4-1101(2) 
        Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:
        (a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;
        (b) Twenty-five miles per hour in any business district, as defined in section 42-1-102 (11);
        (c) Thirty miles per hour in any residence district, as defined in section 42-1-102 (80);
        (d) Forty miles per hour on open mountain highways;
        (e) Forty-five miles per hour for all vehicles in the business of transporting trash, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 42-4-507 (3);
        (f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), and are not surfaced, four-lane freeways or expressways;
        (g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101 (2), or are freeways or expressways;
        (h) Any speed not in excess of a speed limit designated by an official traffic control device.

CRS 42-4-1101(4)
        Any speed in excess of the lawful speeds set forth in CRS 42-4-1101(2) shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. "Prima facie evidence" means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.

        That means a rebuttable presumption presumption is created that the maximum safe speed is that which was designated - but the presumption can be overcome.  No speed limit in Colorado is an absolute speed limit except 75 miles per hour.  CRS 42-4-1101 (7) creates an exception - any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction.  See preemption below.

So, what does all this jibberish this mean?
         An attack can be made on the reasonable and prudent "speed limit"
                Traffic engineer's office didn't do a traffic survey when adopting the reasonable and prudent "speed limit" or the survey was inadequate.
                Notice was inadequate
        If not properly adopted with a valid traffic survey and properly posted, the "speed limit" becomes the absolute speed limit of 75 miles per hour.  This may end the case if the driver's speed is alleged below 75 mph.

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CRS 42-4-1101(8)
                (b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour.
                (c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum lawful speed limit and is not subject to the provisions of subsection (4) of this section. (prima facie evidence of reasonable and prudent speed)  
                (e) The provisions of this subsection (8) are declared to be matters of both local and statewide concern requiring uniform compliance throughout the state.
                (f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour.
        (9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:
                (a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or
                (b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in CRS 42-4-108, exist.
        (10) The minimum requirement for commission of a traffic infraction or misdemeanor traffic offense under this section is the performance by a driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which said driver is physically capable of performing.
        (11) It shall not be a defense to prosecution for a violation of this section that:
                (a) The defendant's conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or
                (b) The defendant's conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant's vehicle; or
                (c) The defendant's vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit.
        (12) A violation of driving one to twenty-four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class A traffic infraction; a violation of driving twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class 2 misdemeanor traffic offense; and a violation under subsection (3) of this section is a class A traffic infraction.

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Preemption

CRS 42-4-1101(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this section.

CRS 42-4-1101(8)(d) State and local authorities within their respective jurisdictions shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway.

Municipalities and Counties adopt ordinances.
        Municipal Codes or Ordinances
        County Codes or Ordinances
        Many smaller towns or counties with limited budgets adopt the model traffic code (MTC)
        Local authorities may adopt by reference all or any part of a model traffic code which embodies
                the rules of the road and vehicle requirements set forth in state law.  CRS 42-4-110(b)
                To this attorney's knowledge, MTC adoption does not eliminate traffic survey requirement.
            To find the ordinance in your area, run a search engine such as Google, search:
                model traffic code and add the name of the town or county
            An example would be El Paso County Model Traffic Code

        With respect to cities and towns, the general preemption statute is controlled by the specific exception contained in CRS 42-4-1101 (7).  Cities and towns may adopt absolute speed limits below 75 miles per hour.  If stopped in a small "town" (Boondocks, USA) which may not be incorporated, it would be worth investigating whether it qualified as a "town" under the statutes.  I've never had the issue arise, but it would be worth researching the law further if relevant.

        With respect to counties, no such exception is provided in CRS 42-4-1101 (7).  It is this attorney's belief that counties are preempted from enacting ordinances at variance with state law, including the inability to adopt a maximum lawful speed below 75 miles per hour.

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Speeding Overview Page Top

10.5.101: REASONABLE AND PRUDENT SPEED; SPECIAL HAZARDS
        A. It shall be unlawful for any person to drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and hazards, actual and potential, then existing.
        B. The fact that the speed of a vehicle is lower than the limits established in this chapter shall not relieve the driver of the duty to decrease speed when a special hazard exists with respect to pedestrians, animals, property or other traffic by reason of weather, traffic, roadway conditions or any other actual or potential hazard then existing. It shall be unlawful for any person to fail to decrease speed given the presence of any hazard. (1968 Code §§6-5-1, 6-5-2; Ord. 75-86; Ord. 90-24; Ord. 01-42) 

10.5.102 UNPOSTED SPEED LIMITS
        Where speed limits are not posted, and where no special hazard exists, the following speed shall be lawful but it shall be unlawful for any person to drive at any speed in excess of the limits:
                A. Twenty five (25) miles per hour on streets and highways;
                B. Fifteen (15) miles per hour in alleys. 
                Effective 2003
                (1968 Code §§6-5-1, 6-5-2; Ord. 75-86; Ord. 90-24; Ord. 01-42; Ord. 03-49) 
        This constitutes an amendment from the former speed limits which are no longer applicable

10.5.103: POSTED SPEED LIMITS
        A. It is hereby determined that the speed limits stated in section 10.5.102 of this article are the maximum reasonable and safe speed limits in each zone, except where the City Traffic Engineer determines on the basis of an engineering and traffic investigation that any speed limit set forth in section 10.5.102 of this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any parts of any street or highway, in which case the Traffic Engineer shall determine and declare a reasonable and safe maximum speed limit not to exceed fifty five (55) miles per hour which shall be effective when appropriate signs giving notice are erected at the intersection or other place or part of the street or highway.
        B. Appropriate signs giving notice that the speed limit set forth in section 10.5.102 of this article is the maximum speed may be posted by the Traffic Engineer.
        C. Whenever posted speed limits are established in accord with this section, the speed limits shall be recorded as provided in section 10.1.312 of this chapter.
        D. It is hereby determined that the posted speed limits determined, posted and recorded are the maximum reasonable or safe speed limits at the locations.
        E. It is hereby determined that the speed of twenty (20) miles per hour is the maximum reasonable and safe speed in school zones, and the Traffic Engineer shall establish speed zones by posting appropriate signs giving notice thereof in lieu of the requirements of this section. (1968 Code §§6-5-2, 6-5-3; Ord. 75-86; Ord. 79-32; Ord. 90-24; Ord. 01-42) 

10.5.104: EXCEEDING POSTED SPEED LIMIT
        It shall be unlawful for any person to drive any vehicle:
                A. One to four (4) miles per hour over the posted speed limit;
                B. Five (5) to nine (9) miles per hour over the posted speed limit;
                C. Ten (10) to nineteen (19) miles per hour over the maximum posted speed limit;
                D. Twenty (20) to thirty nine (39) miles per hour over the posted limit;
                E. Forty (40) miles per hour or more over the maximum posted speed limit. (Ord. 98-249; Ord. 00-112; Ord. 01-42) 

10.5.105: NOTICE CHARGING SPEED VIOLATION:
        In every charge of a violation relating to speed limits, the complaint or summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the speed limit applicable within the district or at the location of the City. (1968 Code §6-5-5; Ord. 77-69; Ord. 90-24; Ord. 01-42) 

10.5.106: MINIMUM SPEED REGULATIONS
        A. No person shall drive a motor vehicle on any street at a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed shall be necessary for safe operation of the vehicle or in compliance with law.
        B. It is hereby determined upon the basis of an engineering and traffic investigation that slow speeds on certain streets described in traffic control records as provided in section 10.1.312 of this chapter consistently impede the normal and reasonable movement of traffic on the facilities described in the records and it is declared that the minimum speed limit upon those streets or expressways shall be as stated, which speed so declared shall be effective at the time specified when signs are erected giving notice. Any speed less than the minimum speed limit shall be prima facie evidence that the lesser speed is unlawful, except when a reduced speed shall be necessary for the safe operation of the vehicle when a special hazard exists. (1968 Code §6-5-6; Ord. 75-86; Ord. 85-263; Ord. 88-151; Ord. 01-42) 

10.5.109: EMERGENCY VEHICLES EXEMPT FROM SPEED LIMITS
        A. The speed limitations set forth in this article shall not apply to an authorized emergency vehicle when the driver is responding to an emergency call and is making use of visual and audible signals as prescribed by law, nor shall speed limitations apply to a police vehicle while in actual pursuit of a suspected violator of any provision of this chapter or any other law so long as the pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator or to apprehend the suspected violator.
        B. The provisions of subsection A of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall the provisions protect the driver of any vehicle from the consequences of a reckless disregard for the safety of others. (1968 Code §6-5-9; Ord. 75-86; Ord. 01-42) 

10.5.110: DEFENSES:
        The minimum requirement for commission of a violation of this chapter is the performance by the driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which the driver is physically capable of performing. It shall not be a defense to prosecution for violation of this article that:
                A. The defendant's conduct was not performed intentionally, knowingly, recklessly or with criminal negligence; or
                B. The defendant's conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief regarding the speed of the defendant's vehicle. (Ord. 90-24; Ord. 01-42) 

CRS 42-4-1102. Altering of speed limits
        (1) (a) Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under CRS 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said department.
             (b) Repealed.
        (2) Whenever county or municipal authorities within their respective jurisdictions determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under CRS 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto. No such local authority shall have the power to alter the basic rules set forth in CRS 42-4-1101 (1) or in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour.
        (3) Local municipal authorities within their respective jurisdictions shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under CRS 42-4-1101 (2) (b) or (2) (c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an "arterial street" means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
        (4) No alteration of speed limits on state highways within cities, cities and counties, and incorporated towns shall be effective until such alteration has been approved in writing by the department of transportation. Upon the request of any incorporated city or town having a population of five thousand or less, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. Any speed limit so determined by said department shall then become effective when declared by the local authority and made known by official signs conforming to the state traffic control manual.
        (5) Whenever the department of transportation or local authorities, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the department or the concerned local authority may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becoming effective.
        (6) In its discretion, a municipality, by ordinance, or a county, by resolution of the board of county commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of CRS 42-4-1101 to 42-4-1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs.
        (7) Any powers granted in this section to county or municipal authorities may be exercised by such authorities or by any municipal officer or employee who is designated by ordinance to exercise such powers.

        What does all this mean?  A state, county or municipal department of transportation may not arbitrarily set a speed limit - there must be a survey as a basis.

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Speeding Overview Page Top

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NOTICE - SIGNAGE SIZE AND PLACEMENT

CRS 42-1-102. Definitions - repeal. As used in articles 1 to 4 of this title, unless the context otherwise requires:
        (97) "State traffic control manual" means the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted by the transportation commission.

CRS 42-4-104. Adoption of traffic control manual
        The department of transportation shall adopt a manual and specifications for a uniform system of traffic control devices consistent with the provisions of this article for use upon highways within this state. Such uniform system shall correlate with and insofar as possible conform to the system set forth in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other related standards issued or endorsed by the federal highway administrator. For compliance with this section, the said department shall either publish and distribute a state manual and specifications approved by the transportation commission or shall, by the issuance of a traffic control manual supplement approved by the transportation commission, adopt the said national manual and other related standards subject to such exceptions, additions, and adaptations as are necessary for lawful and uniform application in this state. Said state manual or supplement shall be made available to all municipal and county road authorities and to other concerned agencies in the state.

CRS 42-4-105. Local traffic control devices
        Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this article or local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of state highways to the provisions of CRS 42-4-110 and 43-2-135 (1) (g).  All such traffic control devices shall conform to the state manual and specifications for statewide uniformity as provided in CRS 42-4-104.

CRS 42-4-601. Department to sign highways - where
        (1) The department of transportation shall place and maintain such traffic control devices, conforming to its manual and specifications, upon state highways as it deems necessary to indicate and to carry out the provisions of this article or to regulate, warn, or guide traffic.
        (2) No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the department of transportation except by the latter's permission.

CRS 42-4-602. Local traffic control devices
        (1) No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation.
        (2) Where practical no local authority shall maintain three traffic control signals located on a roadway so as to be within one minute's driving time (to be determined by the speed limit) from any one of the signals to the other without synchronizing the lights to enhance the flow of traffic and thereby reduce air pollution.

        What does all this mean?  Regulatory and advisory roadway signage must conform to a manual - standardized with respect to size, color and placement.  Colorado utilizes the U.S. DOT Traffic Control Manuals. 

        What are the manual titles and where do I find the manuals?  Refer to link - U.S. DOT Traffic Control Manuals

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VELOCITY AND SPEED

1. In speeding or stop-sign / stoplight cases, sometimes seconds (or fractions of a second) become relevant to the officer’s opportunity to observe or calculation error.

2. This is particularly true in cross-examining an officer who conducted a vascar clock or pace clock in a speeding case, or can be devastating to the officer’s credibility in cross-examination of a stop sign / red light observation.

3. Accident investigation reports commonly express velocity (feet per second). Conversion is necessary to understand the accident report or review the credibility of the accident investigation.

4. Therefore, one must be able to convert miles per hour into feet per second.

Conversion
Velocity to Speed
Feet Per Second To Miles Per Hour

Example	66 ft per sec = 66 x 3,600 / 5,280 = 45 mph exactly or
	66 feet per second = 66 x 0.682 = 45.0 mph approximately

Rough estimates: miles per hour is two thirds of feet per second

Example	two thirds of 66 feet per second is 44 miles per hour approximately or
	66 feet per second = 66 x 2 = 132 / 3 = 44.0 mph approximately
	66 feet per second = 66 x 0.682 = 45.0 mph approximately

Multiplying by 2/3 (0.6667) is roughly the same as dividing by 1.5

Example

66 feet per second = 66 / 1.5 44.0 mph approximately

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MEASUREMENT OF SPEED REQUIREMENT OF EVIDENCE

        A judge or magistrate may not let the issue go to a jury (lack of prima facie evidence) unless there is mechanical support (radar, vascar, pace clock or laser) for the visual estimate.  In a trial to the court, I've seen a judge stop the case when the officer admitted the ticket was based only upon a visual estimate.  Other judges may proceed.

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MEASUREMENT OF SPEED VISUAL ESTIMATE

        As a part of radar or vascar training, officers must make visual estimates of speed.  To become certified and receive a wallet certification card, each must accurately estimate speeds:
        "On the sit"    10 estimates plus or minus 3 miles per hour
        "On the move"  5 estimates plus or minus 5 miles per hour

To quote the TV credit card commercial: "What's in your wallet?"
Hopefully, the officer doesn't possess the certification card and it's not "To the neighbors!"

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Speeding Overview Page Top

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MEASUREMENT OF SPEED RADAR

        State patrol troopers, city police and county deputy sheriff's typically have access to radar devices.

DEFINITIONS AS APPLIED TO RADAR TERMINOLOGY
testing officer's radar knowledge

1. Batching: Effect caused by rapid acceleration or deceleration of patrol vehicle while obtaining a clock using moving radar. Patrol speed calculation is not accurate, causing faulty target reading.

2. Target Bumping: Same as batching.

3. Multiple Bounce: Radar beam is bounced off a radar reflective object. Several various effects mat be noted, depending upon circumstances.
           a. Patrol speed is doubled and presented in target window. No reading in patrol window (moving radar).
           b. Radar beam bounces off a building, sign, etc., to clock a target approaching from the rear instead of to the front. (moving or stationary. Not too frequent in moving mode, but possible.)
           c. Radar Beam bounces off reflective surfaces to clock a target over a hillcrest or around a curve in a canyon. The clock may be quite accurate, but is invalid due to no tracking history.       

4. Own Speed Capture: (Moving mode only) Patrol and target speed identical in the absence of a target vehicle.

5. Shadowing: Effect noted when patrol speed is referenced from a moving object. Patrol window shows opening or closing speed between moving object and adds the difference between false and true patrol speed onto target's speed.

6. Panning or Scanning: As defined by Webster's Unabridged Dictionary, both imply movement. As applied to CLETA Radar Instruction, either term describes moving the radar antenna to follow a target, "Quick-Draw" movement, etc.

7. Feedback Effect: Caused by aiming radar antenna at or across readout portion of control module. May result in high readings or unusual audio or both. (D.O.T. calls this panning)

8. Cosine Factor: Effect noted when an angle exists between the radar and a target. Effect on target speed varies according to circumstances.
           a. Stationary Radar - Always favors target vehicle. Displayed speed is less than true speed.
           b. Moving Radar - If no cosine angle exists on patrol speed, any cosine effect favors the target vehicle.
           c. Moving Radar - If a cosine angle is present on patrol speed, the error in patrol speed is added to the target vehicle's speed.

9. Interference: Accidental introduction of a false signal into a radar may be natural or man made in origin.

10. Jamming: Deliberate introduction of a signal to cause a false radar reading or to prevent any reading at all from being displayed.

11. Low Speed Combining: (Moving Radar Only) Effect noted when radar combines patrol and target speed and gives the speed in the patrol window. No target reading is present. Usually happens at or below low end of moving radar operating limit. (Older officers trained by manufacturer may refer to this as Low Speed Batching.)

12. Cosine Factor - Angle Error
            Error is linked to angle.
            v = Actual velocity
            va = Apparent velocity (what radar sees)
            va = v (cos 0)

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CERTIFICATION * CALIBRATION * SET UP
radar speed enforcement

1. Preferable to voir dire officer prior to introduction of speed reading
           Alternative: cross examination

2. Accuracy of unit
           Manufacture's certificate of accuracy
               Prosecutors will likely attempt to introduce 
               Manufacturer is likely not a governmental agency, therefore not a government document under seal.  
               Certificate is subject to the hearsay objection.
           Tuning fork(s) 
               One tuning fork certified by the Colorado Dept. of Agriculture, Div. of Weights & Measures
               certification date within one year prior to the stop People v. Walker, 610 P.2d 496 (Colo.1980)
               certification date within one year before or after the stop People v. McIntyre, 719 P.2d 727, 729 (Colo.1986)                     
                   Two tuning forks of different speed calibrations - neither one certified
           By running a vehicle with a calibrated speedometer through radar
           By concurrent speed check of a vehicle by radar and by vascar
           Timing of accuracy check 
               Reasonable time before and after operation to insure proper functioning.  People v. Walker, 610 P.2d 496, 498 (Colo.1980); People v. McIntyre, 719 P.2d 727, 729 (Colo.1986)
               At place where defendant was arrested and immediately prior thereto.  City of St. Louis v. Boecker, 370 S.W.2d 731 (Mo App. 1963), Royals v. Commonwealth, 198 VA 876, 96 S.E. 2d 812(Ct. App. 1957)
               At and near the time of the stop.  
               Due to impracticality of using a second calibrated speedometer or separate vascar unit on location, accuracy is usually verified by tuning fork(s).

3. Law enforcement agency FCC license.
           Can be discovered
           Dates of issuance and expiration
           If not current, the unit is being operated unlawfully.  
           FCC license generally runs on a 2 or 5 year cycle.

4. Maintenance and recalibration
           Exact nature of repair.
           Dates of repair
           Dates of recalibration - preferably within 6 months
           Identity and qualification of technician
           Hearsay objection

5. Radar unit frequency
           Pulse radar (similar to military - can track multiple targets) - I've not seen in Colorado
           Doppler radar - S Band, X Band, K Band
               S Band no longer used in Colorado
               X Band 10,525 MHz
               K Band 24,150 MHz

6. Tuning forks
           Stamped on fork(s): 
               speed corresponding to fork
               Serial Number
               Manufacturer
               Frequency: X or K Band
           Frequency correspond to unit - X Band or K Band
           Speed correspond to fork
           Serial number & manufacturer
           Tines
               damage, dents or dings - Walker, supra at 499
               Position relative to unit
                   Distance from radar antenna 1" - 2"
                   Horizontal or vertical placement - harmonics

   Tine Direction Placement