Types of Traffic tickets in Colorado
In Colorado, traffic tickets are typically divided into two main categories: traffic infractions and traffic offenses. While both types involve violations of traffic laws, they differ significantly in terms of severity, potential penalties, and how they are resolved.
Traffic Infractions
Traffic infractions are issued for most minor traffic violations in Colorado. These include common issues like unsafe lane changes, speeding (up to 24 miles per hour over the limit, depending on the jurisdiction), and failing to obey traffic signals.
Under Colorado law, traffic infractions are further divided into two classes: Class A and Class B. Although there are distinctions between them, such as the severity of the violations and the consequences, the process for handling them is similar. Class B infractions are usually for the least severe offenses and typically don't have points applied to your driver’s license.
Both Class A and Class B traffic infractions are considered civil matters rather than criminal. The penalties typically include fines and court costs, with Class A infractions also potentially leading to points on your license, which are reported to the Colorado Department of Revenue's Division of Motor Vehicles.
For most traffic infractions, the officer will issue a Penalty Assessment Notice, which allows you to plead guilty and pay the fine by mail. This notice often includes an offer to automatically reduce the points on your record if you pay before the deadline provided on the Notice. However, if you choose to contest the infraction, you can do so in court. The process is expedited compared to criminal cases, and you won’t have the right to a jury trial. Additionally, discovery (the right to see the evidence against you) is often limited.
Traffic Offenses
Traffic offenses are more serious and are treated as criminal matters in Colorado. These include violations such as driving without a valid license, careless driving, and speeding more than 24 miles per hour over the limit.
Traffic offenses are categorized into two types of misdemeanors: Class 2 and Class 1. Class 2 misdemeanor traffic offenses can result in up to 90 days in jail and fines up to $300, plus additional court costs and surcharges. Class 1 misdemeanors are more severe, with potential penalties including up to one year in jail and fines up to $1,000.
In some cases, a Penalty Assessment Notice may be issued for minor offenses, similar to traffic infractions, allowing for payment by mail. However, more serious offenses may require a court appearance or, in some cases, an arrest, necessitating bail.
In Colorado, the prosecution of traffic offenses usually involves the district attorney or city attorney. In these cases, individuals may be entitled to discovery and can request a jury trial.
Serious Misdemeanors and Felonies
More severe traffic-related offenses, such as DUI (Driving Under the Influence of Alcohol or Drugs), are classified as criminal misdemeanors in Colorado, ranging from Class 1 to Class 3, with Class 1 being the most serious.
Felony traffic offenses are the most serious and usually involve intentional actions that result in significant harm. Examples include leaving the scene of an accident involving serious injury, driving with a revoked license as a habitual offender under aggravating circumstances, or reckless driving that leads to someone's death. These are very serious circumstances and you will want to speak with an attorney regarding your rights and options.
Legal Disclaimer
The information provided here is not legal advice but general information about Colorado law. It does not cover all aspects or nuances of traffic violations or your case and is not intended to be comprehensive or taken as legal advice. For specific legal situations, consult with an experienced Colorado criminal lawyer.
