Colorado Springs Speeding Ticket Defense

 

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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

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Fax (719) 260-1003

COLORADO SPEEDING TICKETS
COLORADO SPRINGS TRAFFIC DEFENSE
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COLORADO SPRINGS SPEEDING TICKET DEFENSE
Colorado State Courts - Colorado Springs Municipal Court - Colorado DMV / DOR Hearings - Attorney 25+ Years Trial Practice
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
GENERAL INFO POSSIBLE DEFENSES DEFINITIONS PREEMPTION
 

SPEEDING TICKET - STATE COURT

 
 

SPEEDING TICKET -  MUNICIPAL COURT

 
SPEED LIMITS - STATE LAW COLORADO SPRINGS MUNICIPAL ORDINANCES
REASONABLE & PRUDENT SPEED MAXIMUM  LAWFUL SPEED LIMIT
TRAFFIC ENGINEER'S SURVEY SIGNAGE - SIZE AND PLACEMENT
ACCESS TO RECORDS - DISCOVERY JURISDICTIONAL ATTACK
TRAFFIC CAMERAS - ENFORCEMENT REMEDIAL LINKS COMPLETION FORMS
DMV PROCEEDINGS & INFORMATION ACCIDENT REPORTS & DMV FORMS
DMV POINT SYSTEM DMV POINTS - COMMONS TICKETS
MEASUREMENT OF SPEED - EVIDENCE VELOCITY AND SPEED VISUAL ESTIMATE
CONVERSION - SPEED TO VELOCITY CONVERSION - VELOCITY TO SPEED
SUSPECT DEMEANOR BAIL BOND WARNING
PACE CLOCK RIGHT TO SILENCE SEARCH & SEIZURE OTHER TRAFFIC DEFENSE

ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice to Clients - Not General Public
No Pro Bono Assistance or Installment Payment
Representation Now - Another Attorney or Self
No Post Sentencing - Revocation or Appeal
Cases Outside Colorado Springs - Travel

 

FIRST CONSULTATION - NOTICE

 

Attorney welcomes representation inquiries however the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  Attorney does not provide legal opinions, answers or information in response to questions submitted from non-clients, and attorney is not the phone company 411 center for telephone number information.  Given the scope of internet accessibility, I can not be the free "Colorado answer man" and will politely decline requests of this nature.

common fees have been quoted and information provided
attorney is prepared to provide legal representation
attorney comparison is understandable, but before calling
please be prepared to retain if I am counsel of your choice
 

TRAFFIC DEFENSE

DUI - DWAI - DEAC  *  Driving Under Restraint  *  Hit & Run DMV DEFENSE DMV - DOR
Speeding  *  No Operator's License  *  Compulsory Insurance DMV Appeal
Speed Contest - Drag Racing  *  Eluding Police  *  Weaving License Hearings * Point Structure * Forms
Reckless Driving - Careless Driving  *  *  Red Light - Stop Sign Habitual Offender  *  Interstate Compact
Minor - Alcohol Traffic Definitions  Traffic Infraction vs. Crime  Traffic Cameras Insurance SR-22 Interlock  Driving Records
 

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


GENERAL INFORMATION

        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.


 

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.

 
STATE COURT TRAFFIC INFRACTION State Court  Early Payment Point Reduction
Muni Court  NO Early Payment Point Reduction
State Court Possible Penalties Presumptive Jail Presumptive Fines   Points ***
Adult and Juvenile Minimum   Maximum Minimum   Maximum Scheduled Points
0 -4 mph over the limit * None None $15 $100 $15 + $2 0
5 - 9 mph over the limit * None None $15 $100 $35 + $5 1
10 - 19 mph over the limit * None None $15 $100 $50 + $8 4
20 - 24 mph over the limit * None None $15 $100 $100 + $15 6
Failure to Reduce Speed
Special Hazard *
None None $15 $100 $35 + $5 3
**  STATE COURT TRAFFIC OFFENSE
**** court appearance required
NO Early Payment Point Reduction
State Court Possible Penalties Presumptive Jail Presumptive Fines   Points ***
Adult and Juvenile Minimum   Maximum Minimum   Maximum Scheduled Points
25 - 39 mph over the limit **  **** 0 days 90 days $10 $300 court order 6
40+ mph over the limit **  **** 0 days 90 days $10 $300 court order 12
***  Points - not applicable to bicycle or motorized bicycle


 

The City of Colorado Springs has lowered the speed limit to 25 mph on all roads where not otherwise posted and has adopted an ordinance imposing a fine of $10 per mile over the lawful speed limit.  The ticket may be plea bargained down to a lesser speed for purposes of points, however the fine will be based upon the initial alleged speed. 

Remind anyone of taxation or a source of revenue to avoid the Tabor Act?
 
MUNICIPAL COURT TRAFFIC OFFENSE NO Early Payment Point Reduction
Colorado Springs Municipal Court Possible Penalties Adult Minor
Jail 10 - 90 days  0 - 10 days
Fine  $10 - $500 $10 - $500
Points against Colorado Driving Privileges 1- 12 Points 1 - 12 Points
 
Colorado Springs Municipal Court has NOT adopted early payment point reduction
early payment will result is assessment of full points charged

Robert D. Gustafson
Attorney At Law
Colorado Springs, Colorado

Phone (719) 260-1002

Fax (719) 260-1003

Toll Free (800) 410-1002

Surrounding Area
MUNICIPAL COURTS
SPEEDING TICKET DEFENSE

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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.
 


SPEEDING

County Court  *  El Paso County Colorado

COLORADO STATE LAW multiple sections may have been omitted or summarized for brevity - refer to link for full text
 

        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

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SPEEDING

COLORADO SPRINGS MUNICIPAL ORDINANCES

Municipal Court Proceedings - Traffic Offenses
synopsis of how cases progress through the municipal court system

attorney notation: multiple sections may have been omitted or summarized for brevity - refer to ordinances for full text

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) 

10.5.107: SPEED CONTESTS
        A. No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
        B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7; Ord. 75-86; Ord. 01-42) 

SPEED CONTEST - DRAG RACING DEFENSE

ELUDING POLICE DEFENSE

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, reckles