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Elements of this speeding are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing or over the maximum lawful speed.

        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.

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)

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.

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.

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.