Kurtz & Peckham, PC has extensive experience representing Colorado drivers who hold commercial driver’s licenses (CDL’s).

Since 1987, Kurtz & Peckham, PC has been the official provider of legal services to the bus drivers, mechanics, and maintenance personnel who make Colorado’s public transit run. Kurtz & Peckham assists members of Local 1001 of the Amalgamated Transit Union (ATU) and their families on traffic cases all over the metro Denver region — from Boulder to Castle Rock, Aurora to Golden.

As professional drivers, the members of ATU Local 1001 depend upon maintaining a good driving record. Our office assists hundreds of bus operators with traffic-related matters each year. This extensive representation of traffic cases enables Kurtz & Peckham, P.C. to provide intelligent advice to our clients, based upon up-to-date knowledge of local courts, prosecutors’ offices, driving education opportunities, and Colorado traffic offenses. We also appear at hearings before the Department of Motor Vehicles in Lakewood, Colorado.

Here is a sampling of the types of traffic cases we handle:

• Moving violations (careless driving, speeding, unsafe lane change)
• Hit & Run and Failure to Report
• Driving Under Restraint
• Suspended/Revoked Licenses
• Alcohol-related Driving Offenses

Speeding and other traffic violations may result in the suspension or revocation or your driving privileges. Your insurance company could increase your auto insurance premium when you plead guilty to speeding and other types of 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 the expert advise of Kurtz & Peckham attorneys.

The following information summarizes current state and federal laws on how CDLs may be disqualified.

Commercial Motor Vehicle Safety Act of 1986 (CMVSA)
Colorado’s CDL program currently implements federal requirements provided in the Commercial Motor Vehicle Safety Act of 1986, 49 U.S.C. chapter 313, which established the requirements for the Commercial Drivers License.

The CMVSA requires all individual states to comply with certain standards in regards to the licensing of commercial motor vehicle (CMV) drivers.

It also requires states to ensure that drivers convicted of certain serious traffic violations be prohibited from operating a CMV.

Colorado driver licensing standards currently comply with the CMVSA.
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Motor Carrier Safety Improvement Act of 1999 (MCSIA)
Effective July 1, 2005, Colorado will also implement the requirements of the federal Motor Carrier Safety Improvement Act of 1999.

The MCSIA mandated that the Federal Motor Carrier Safety Administration and DOT to correct perceived weaknesses in the CDL program. The CMVSA originally required disqualification of drivers only for offenses committed while operating a CMV (49 U.S.C. 31310).

The MCSIA makes more offenses disqualifying, even if they are committed while operating a non-CMV.

The Section 201 of the MCSIA adds reasons for disqualifying drivers. These revisions include imposing a disqualification on CDL drivers who have been convicted of traffic offenses while operating a non-CMV which result in their license being cancelled, revoked, or suspended or of committing drug or alcohol related offenses while driving a non-CMV.

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Disqualifying Offenses
There are 4 types of disqualifying offenses that can affect your CDL.

1. Serious Traffic Violations
2. Railroad Violations
3. Major Offenses
4. Violating an Out of Service order

1. SERIOUS TRAFFIC VIOLATION
Your CDL will be disqualified for:

Any TWO serious violations in a THREE YEAR period = 60 day CDL suspension

Any THREE serious violations in a THREE YEAR period = 120 day CDL suspension
Serious traffic violations are the following

• Speeding 15 or more over the posted limit in a CMV
• Unsafe or improper lane change in CMV
• Following too closely in a CMV
• Reckless driving in a CMV
• Accident causing a fatality in a CMV

As of July 1, 2005, there will be three additional serious violations (under MCSIA)

• Driving a CMV without a CDL in possession
• Driving a CMV without a CDL
• Driving an improper class CMV or improper endorsement

2. RAILROAD GRADE CROSSING OFFENSES

Any Railroad grade crossing offense committed in a commercial vehicle will cause a disqualifying action.
· FIRST RR grade crossing offense = 60 day CDL suspension
· Any TWO RR grade crossing offenses in a 3 YEAR period = 120 day CDL suspension
· Any THREE RR grade crossing offenses in a 3 YEAR period = 1 year CDL suspension

Effective July 1, 2005, a violation of C.R.S. 42-4-706, 42-4-707, 42-4-708, or of a substantially similar law of any other state shall be deemed a railroad crossing offense.

3. MAJOR OFFENSES

A conviction for a Major Offense will cause a DISQUALIFICATION of your CDL.
The length of the CDL disqualification for a major offense is
· FIRST OFFENSE = 1 YEAR CDL disqualification / 3 years if carrying HazMat
· Any SECOND OFFENSE in a lifetime = LIFETIME CDL disqualification
The Major Offenses are:
· Driving under the influence of alcohol or drugs in a CMV (See C.R.S. 42-2-405). Effective July 1, 2005, “driving under the influence” means any violation of C.R.S. 42-2-126(3)(a) or (3)(b), which includes DUI, DUI per se, DWAI, DUID. (See C.R.S. 42-2-405(3)).
· Express consent BAC 0.04 or greater in a CMV. (See C.R.S. 42-2-126(6)(b)(I)
· Refusal to take a breath or blood test in a CMV (C.R.S. 42-2-126(2)(h).
· Leaving the scene of an accident in a CMV. (See also C.R.S. § 42-2-405(3)(b)(III))
· Commission of a felony in a CMV

Effective July 1, 2005 the following ADDITIONAL offenses will cause a CDL disqualification even when they occur in your PERSONAL VEHICLE: (under MCSIA and state law)
· Causing a fatality due to wanton or willful driving in a CMV
· Driving a CMV while under a CDL disqualification
· DUI conviction with a BAC of 0.08 or more in a non-CMV
· Express Consent BAC 0.08 or more in a non-CMV
· Refusal to take test in a non-CMV
· DUI controlled substance in a non-CMV
· Leaving the scene of an accident in a non-CMV
· Using a motor vehicle to commit a felony.

4. VIOLATING AN OUT OF SERVICE ORDER

An “Out-of-service order” means a 24-hour prohibition against driving a commercial motor vehicle. C.R.S. § 42-2-402(8).

Title 49CFR § 382.505 provides that drivers are prohibited from driving for 24 hours, though not placed out-of-service, when they are discovered through testing under part 382 to have an alcohol concentration of 0.02 or greater, but less than 0.04.
Results below 0.02 through testing are considered “negative.”

A person who drives, operates, or is in physical control of a CMV while having any alcohol in his or her system or refuses to submit to a test to determine alcohol content while driving a CMV shall be placed out of service.

Violating an Out of Service order will cause the following CDL disqualifications:

· First offense = 90 days suspension / 180 days if carrying HazMat or passengers
· Second offense in Ten Years = 1 year suspension / 3 yrs if carrying HazMat or passengers
· Third offense in Ten Years = 3 year disqualification

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Imminent Danger to Highway Safety

Effective September 30, 2005, the federal Motor Carrier Safety Administration may disqualify a CDL driver if they deem that individual may be an imminent danger to highway safety.

Colorado will cancel the CDL of any person subject to a federal disqualification order on the basis of imminent hazard to public safety pursuant to 49 CFR 383.52. C.R.S. § 42-2-404(1.5)(a)

MCSIA also prohibits the following practices:
· Masking, deferring imposition of judgment or allow an individual to enter a diversion program that would prevent a CDL driver’s conviction from appearing on the driver’s record
· No CDL probationary or hardship license
· A person who is subject to a federal disqualification is not eligible for a restricted, probationary, or hardship license that would permit the person to operate a CMV during the period of disqualification. C.R.S. § 42-2-404(1.5)(b).
· Out of State “Failure to Pay” or “Failure to Appear”
A state must accept an Out of State conviction for FTA/FTP and treat it like they would if it happened in their own state. (49 CFR 383.5)

State records check and applicability (49 CFR 383.206(b))
A State must check and add to their history any State that a driver has been licensed for the last 10 years.
The State of Record must take the appropriate action for any disqualifying action that has never been taken (No statute of limitations).

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HazMat Background Check

USA PATRIOT ACT/ Homeland Security mandates that all individuals carrying hazardous materials in a CMV undergo and pass a FBI background check every 5 years.

January 31, 2005 all new HazMat drivers must undergo and pass the background check

May 31, 2005 all HazMat renewals and transfers must undergo and pass the background check

The cost for the background check (incurred by the driver or employers is expected to be approximately $100). This does not include the cost of the license.

The background check in Colorado will be good for 4 years.

The DMV is unsure yet where or how Colorado will collect the information to do the background check.

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Questions & Answers

Can I drive a CMV while I have a probationary license?
If your commercial or non-commercial driver’s license is under restraint, Colorado law states that you shall not be eligible for a restricted, probationary, or hardship license that would permit you to operate a commercial vehicle during the period of restraint. C.R.S. § 42-2-404(1.5)(b). Therefore, if you have a probationary license, you cannot drive a commercial vehicle.

Can I have more than one driver’s license?
Effective July 1, 2005, no person who drives a commercial motor vehicle may have more than one driver’s license under Colorado law. C.R.S. 42-2-404(2). A CDL license can only be issued in the driver’s state of legal residence. If you have a CDL, you can have no other driver’s license in ANY other state.

Violation of this provision is a misdemeanor subjecting violators to a fine of $25-1000 and/or not more than one year in county jail. C.R.S. 42-2-404(3).

Can I still drive my personal vehicle if I lose my CDL?
A commercial driver whose privilege to drive a CMV has been cancelled or denied may, following any applicable revocation period, apply for another type or class of driver’s license as long as there is not other statutory reason to deny such person a license.

What are the requirements to obtain a CDL in Colorado?
· You must be 21 years old.
· You must be physically capable of obtaining a valid medical examiner’s card
· You must otherwise qualify for the license based on your driving record.

Any of the following will disqualify you from obtaining a Colorado CDL:

· If you possess a license from any state other than Colorado
· If you are currently subject to any disqualification of your commercial driving privilege from Colorado or any other state
· If you license is currently suspended, revoked, denied, or cancelled.
· If you have a conviction for operating a CMV while impaired in the 24 months immediately preceding application.

If my Colorado CDL is revoked, can I apply for a CDL in another state?
No.

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Glossary of Terms

Accident: An incident involving a commercial motor vehicle if the incident involved the loss of human life; or the driver receives a citation arising from the incident and an individual suffers a bodily injury and immediately receives medical treatment away from the scene (e.g. taken to the hospital by ambulance), or a vehicle is requires to be towed from the scene.

Commercial Motor Vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
· has a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight of more than 10,000 pounds, or
· has a gross vehicle weight rating of 26,001 or more pounds, or
· is designed to transport 15 or more passengers (excluding the driver), or
· is used to carry 15 or less people (including the driver) when carrying children to or from school and home regularly for compensation, or
· is of any size and is used in the transportation of hazardous materials requiring placards under 49 CFR part 172, (subpart F).

Driver: Any person who operates a commercial motor vehicle.

Refusal to submit (to an alcohol or controlled substances test): When a driver:
· fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement of breath testing;
· fails to provide an adequate urine sample for controlled substances testing without a genuine inability to provide a specimen (as determined by a medical evaluation) after he or she has received notice of the requirement for urine testing; or
· engages in conduct that clearly obstructs the testing process.

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Many (but not all) cities and counties will offer to reduce the points on your traffic ticket if you complete a defensive driving school course. Drivers with several recent traffic violations (especially younger drivers) may be required to take an advanced course in order to get any plea bargain at all.

In order to get a more favorable plea bargain, or to avoid a points suspension of your license, you should consider taking a defensive driving class before you go to court. Kurtz & Peckham recommends this for many clients who are in jeopardy of losing their license, especially drivers under age 21. Below is a list of approved agencies that provide these classes.

If you do accept a plea bargain with classes as a condition, be aware of the following:

It is your responsibility to contact the defensive driving school immediately after court to ensure your reservation in the course.

Once you complete the course, you will be issued a certificate by the school.

You are responsible for returning your Certificate of Completion to the court and to pay any and all fine on or before your court date.

If you do not take the class, a warrant for your arrest could be issued, the original charge may go on your record, and your license could be suspended.

Court-Approved Driving Schools

Alive @ 25 (Colorado State Patrol)
55 Wadsworth Blvd
Lakewood, CO 80226
(720) 269-4046

Alive @ 25 English 4 hours $50.00
Approved for ages 15-24

A.A.R.P. Driver Safety Program
P.O. Box 1168
Arvada, CO 80001
(303) 764-5995 or 1 (800) 253-2017

Alive @ 55 English 8 hours $10.00
Ages 55 and older

Defensive Driving School
I.S.A.E. Court-related Education Programs
2480 W. 26th Avenue #80-B
Denver, CO 80211
(303) 433-1900

Level I English 8 hours $60.00
Mutual Driving School
I-25 at Hampden & Monaco
Denver, CO 80222
(303) 783-0711

Level I English 6 hours $55.00
Level II English 12 hours $85.00
National Corrective Training Institute (N.C.T.I.)
2727 Bryan Street
Denver, CO 80221
(303) 455-3553

Level I English/Spanish 8 hours $65.00
Level II English 12 hours $120.00
Level III English 16 hours $160.00

What is Driving Under Restraint (DUR)?

Colorado lawmakers have enacted stiff penalties for driving while your license is under restraint, whether you are a resident or non-resident of the state. The relevant statute is C.R.S. § 42-2-138.

To be convicted of DUR, the prosecution must prove that a person drove a motor vehicle upon any Colorado highway with the knowledge that his or her license to drive was under restraint at the time.

When is a License “Under Restraint”?

Restraint means any:

• Denial (as when a non-resident is denied a Colorado license)
• Revocation (such as for committing an alcohol-related offense)
• Suspension (such as for excessive points, driving without proof of insurance, or failure to appear in court, or
• failure to pay child support)
• Or any combination of denials, revocations, or suspensions. C.R.S. § 42-2-138(4)(b).

What if You Did Not Know Your License was Suspended?

Whether or not you “knew” your privilege to drive was under restraint must be examined on a case-by-case basis.

According to the law, “knowledge” means:

actual knowledge of any restraint from whatever source

OR

knowledge of circumstances sufficient to cause a reasonable person to be aware that such person’s license or privilege to drive was under restraint.

Knowledge does not mean knowledge of a particular restraint or knowledge of the duration of restraint. C.R.S. § 42-2-138(4)(a) (emphasis added).

Penalties for DUR in Colorado

Non Alcohol-Related Restraint
First Conviction

• Possible sentence of up to 6 months imprisonment in county jail
• Possible fine of up to $500.
• Alternatives to incarceration, such as in-home detention, are possible but are in the discretion of the court.
• Not eligible for reinstatement of license for an additional 1 YEAR from the date you had been eligible to get license back
• Second or Subsequent Conviction Within 5 Years

Same penalties as above.
Not eligible for Colorado driver’s license for a period of 3 YEARS after the date of the second or subsequent conviction.
Alternatives to imprisonment, such as in-home detention, are possible.

Alcohol-Related Restraint
First Conviction

• Mandatory jail sentence of 30 days to 1 year
• Fine of $500 to $1000
• The mandatory minimum jail sentence shall not apply if the defendant establishes that he or she drove because of an “emergency.”
• Probation and suspended sentences are not permitted, unless there was an emergency.
• Alternatives to imprisonment, such as in-home detention, are possible.
• Second or Subsequent Conviction

Mandatory jail sentence of 90 days to 2 years
Fine of $500 TO $3000
The mandatory minimum jail sentence shall not apply if the defendant establishes that he or she drove because of an “emergency.”
Not eligible for a driver’s license for a period of 4 YEARS after such conviction if the second or subsequent conviction occurred within 5 years of the first DUR conviction.
Alternatives to imprisonment, such as in-home detention and work release, are possible.
Probation and suspended sentences are not permitted by statute, unless there was an emergency.

Our Experience
Kurtz & Peckham, PC provides comprehensive representation to Colorado drivers. We have the expertise to represent motorists (and would-be motorists) in the municipal and county courts, at the Department of Motor Vehicles, (DMV) and in the appeals process.

Our attorneys will work to achieve your goals, whether you want to avoid or minimize possible incarceration, restore driving privileges, or challenge DMV actions.

If you have questions concerning a DUR, please feel free to call Kurtz & Peckham, PC at (303)893-3045 or email our office at  for a complimentary one half hour initial consultation with an experienced attorney.

Driving Under The Influence

For any drunk driving offense it is imperative that you have an experienced lawyer. Drunk driving is treated very seriously in Colorado. In recent years, punishment in alcohol and drug-related driving cases has become more severe and complex, especially with the potential loss of your driver’s license and mandatory minimums for multiple convictions for alcohol offenses.

Cases In Which We Specialize
Kurtz & Peckham, PC represents teens and adults charged with 1) Driving under the Influence of Alcohol, 2) Driving While Ability Impaired, 3) Driving Under the Influence of Drugs, 4) Underage Drinking and Driving, and 5) Driving with Excessive Alcohol Content.

We will use our experience to analyze all the facts and circumstances surrounding your DUI or related charge. We will obtain all of the relevant police reports and discovery that you are entitled to. Our representation includes a thorough investigation (discussing dietary or medical factors that may impact chemical test results, scene visits, obtaining video or audio evidence, ordering an independent test of your BAC), advising you of the impact any plea will have on your license, challenging illegally-obtained evidence, working with experts in toxicology, presenting a full defense at jury trial, and preparing you for sentencing.

If you take your case to trial, we will use our expertise to ensure that your case is well-prepared, keeping your budget in mind.

If you choose to accept a plea bargain, we will help you plan for sentencing to reduce the impact of the charge as much as possible. We can refer you to reputable treatment providers, set up an independent alcohol evaluation, argue for alternatives to incarceration, challenge prior convictions, and negotiate multiple charges.

The DUI Process
A Colorado DUI is a two-sided charge. There are always two proceedings that result from one DUI arrest. The courts handle your criminal case, while the DMV goes after your driver’s license. Each proceeding is separate and they have difference procedures, standards, and effects.

The Administrative Side (Non-Criminal)
The DMV hearing decides if you will keep or lose your license from the administrative side.

The first thing to deal with is the action that the DMV will take against your license to drive. You have the right to a hearing before the DMV can take away your license. You must take action within 7 days of your arrest or you will lose this right to a hearing.

The DMV has the authority to automatically suspend or revoke your license when you are arrested for DUI. You do not have to be convicted in court for this to occur. As a matter of fact, the DMV usually takes away your license before your court case is done.

In a DUI arrest, the officer will order you to take a chemical test to determine the content of alcohol in your blood. You may choose a breath or blood test. If you refuse the test, the arresting officer will take your license on the spot. The officer will give you a Notice of Revocation and will issue you a temporary permit form that is valid for seven days after its issuance. If you fail the test, the arresting officer will take your license and hand you a Notice explaining that your license to drive will be suspended immediately if you do not request a hearing in 7 days. When you go to the DMV office to request a hearing in writing, the DMV will require you to surrender your license if the officer did not already take it. The DMV will give you a letter (temporary license) which allows you to continue driving until the date of your hearing.

We request a hearing in every case. Some hearings are won because an arresting officer fails to appear. If the officer is not subpoenaed to appear at the hearing, then the DMV must find that the police reports, test results, and affidavits support the action against your license. Some hearings are also won because an attorney demonstrates that the officer lacked probable cause to stop you or order you to take the test. Sometimes the test was administered too late to be reliable. These results are rare; usually, the DMV finds that you refused to take a test or that your blood-alcohol level was over 0.08. Nonetheless, it is worthwhile to have the hearing.

DUI Process
When you send in a request for a hearing, the DMV sets a hearing. The hearing must be held within 60 days from that point. It can be very difficult to get the DMV to continue or re-schedule hearing dates. Therefore, you should allow us to schedule a date with the DMV that works for you and your attorney. The arresting officer can be subpoenaed to testify about the arrest. We decide whether to subpoena the officer on a case-by-case basis.

If you refused a breath or blood test, you will automatically lose your license for one year. There is no work permit or other probationary (red) license available. In rare circumstances, this type of case can be dismissed if the arresting officer did not have probable cause to order you to submit to testing.

What Is The Purpose Of The DMV Hearing?
A Hearing Officer will evaluate the evidence and determine whether a suspension or revocation is ordered. The hearing officer wears two hats. He or she acts as a “prosecutor” in presenting evidence, then switches to the role of administrative judge to rule on objections and decide the outcome. The hearing is conducted by the very agency that is trying to suspend your license. As a result, there is a strong inclination to achieve this purpose – to confirm that grounds for suspension exist.

If your license has been revoked because you refused to submit to a chemical test, there are only two issues:

1. Did the law enforcement officer have probable cause to believe you were operating a motor vehicle while you were under the influence of drugs or alcohol?
2. Did you refuse to submit or fail to complete a test when directed to do so by a law enforcement officer?
3. If you submitted a test and tested over 0.08 breath-alcohol content, two basic issues apply:
4. Did the law enforcement officer have probable cause to believe you were operating or in actual physical control of a motor vehicle while under the influence of drugs or alcohol?
5. Were you operating or in the actual physical control of a motor vehicle while you had an illegal concentration of alcohol in your system?

At the outset of the hearing, the Hearing Officer will open the hearing, state the names of the persons present, and explain the purpose of the hearing. He or she will introduce exhibits. The exhibits usually include the arresting officer’s report, field sobriety test results, Notice of Express Consent, Certificate to operate the Intoxilizer, and chemical testing results. It is our job to go to this hearing, review the exhibits, and object on any legal grounds. We may offer our own exhibits. The Hearing Officer will decide if they are relevant and material and rule on whether they may be entered. The Hearing Officer will have the arresting officer testify about the arrest. We will then ask questions of the arresting officer. If the officer’s presence has not been requested, then the Hearing Officer will examine only the written exhibits. We present out side of the case, which may include your testimony, the testimony of any witnesses, and possibly expert testimony.

After hearing the evidence, the Hearing Officer will immediately order dismissal or the revocation on your license.

If the ruling is in our favor, your license will be returned and the suspension will be rescinded. If we lose, one of three things will occur:

1. If your BAC was between 0.08 and 0.20 and this was a first offense, your license will be suspended for three months. You will have the option to apply for a probationary license after 30 days; this will allow you to drive on a probationary license for five months.
2. If you BAC was 0.20 or above, you will not have the option of getting a probationary license, except in extraordinary circumstances.
3. If you refused the tests, your license will be revoked for one year with no possibility of a probationary license. If you are later convicted of DUI, the DMV will add a one-year consecutive suspension.

You have 15 days following the hearing to file a Notice of Appeal if you wish to appeal the agency’s actions to the district courts. The appeal process involves paying for a transcript of the hearing, preparation of a brief, and argument before the district court. Kurtz & Peckham will handle an appeal if there are valid legal issues to be raised.

The Criminal Side
The second part of the case is your complaint in the criminal courts. The police officer sends reports to the prosecutor to file the actual criminal charges. The charges filed by prosecutors may be the same or entirely difference from those on your citation. There are several stages to a criminal proceeding, which are outlined below:

The Bond
A bail bond is often the only means by which a defendant is released before his or her trial date. Bond is a sum of money that must be deposited with the court before a defendant will be released. That sum guarantees the defendant’s presence at later court dates. If the defendant fails to honor the conditions of the bail bond, it will be forfeited.

A defendant may also be released on a personal recognizance bond, in which your signature guarantees your return for hearings.

On most alcohol-related charges, you will be released on a Summons. Most juveniles are released to their parents. By signing a Summons to appear, you are promising to come to court to answer charges in the citation. Your signature is the proof that you personally received the Summons.

The more serious the charge is, the higher the bail bond. Also, if you have had prior convictions or failures to appear in court, you can expect a larger bond. You may be held up to 48 hours before you are brought before a judge or magistrate to hear an argument about setting of bond. Usually this happens within 24 hours.

Arraignment
This is the date on your citation, about 30 to 60 days after your arrest. If you have an attorney, we can usually waive this initial appearance and re-set the case for a pre-trial conference with the prosecutor. The purpose of arraignment is to advise you of your rights and the possible penalties you face. It is usually a mass gathering and with a video advisement. If you have an attorney, you will have already been advised. Your attorney will help you develop a strategy for protecting your rights. If you do go to the arraignment without an attorney, be sure to enter a plea of not guilty and ask for a JURY trial.

Pre-Trial Conference
A pre-trial or “disposition” conference is an opportunity for your attorney to confer with the District Attorney about a possible plea bargain in your case. We point out weaknesses in the state’s case and explain important facts about you and your life situation. Sometimes the District Attorney or prosecutor will offer a reduced charge or make agreements (called “stipulations”) about sentencing. Sometimes the parties reach a plea agreement at this stage. If a reasonable plea bargain is not reached, the matter is set for trial.

Pre-Trial Motions
There are several pre-trial motions that your attorney can file to assert certain rights. A partial list is as follows:

• Motion for Discovery – a motion filed to make the state produce certain documents such as police reports, calibration and history of the breath testing machine, video tape, audio tape, field testing manuals, witness information, roadblock requirements.
• Motion to Suppress – the officer must have a valid, explainable reason to pull over your vehicle. In order to stop you, the constitution requires reasonable suspicion that you have engaged in criminal activity. Further, the officer needs probable cause to believe you are driving while impaired to order you to take chemical tests. This motion challenges the officer’s basis for stopping you and ordering tests. If the court rules that the stop or tests were unjustified, then evidence may be kept out of the trial.
• Motion to Suppress Statements – you have the right to remain silent if you are in police custody. This motion seeks an order from the court to keep out any incriminating statements you made while in police custody.
• Motions Attacking Scientific Evidence – the state’s case often relies on evidence obtained through roadside sobriety testing, breath tests, and blood tests. In some cases, the officer’s failure to comply with procedures may justify excluding this evidence or limiting its usage.

Each of these motions would be set for a hearing by the Court prior to your trial date. The outcome of many DUI cases is determined at or before these hearings. However, many prosecutors threaten to rescind plea bargain offers if the defendant proceeds to a motions hearing and trial.

Trial
The trial is the proceeding familiar to most people. A trial has several distinct phases: 1) jury selection, 2) opening statements, 3) the state’s case, 4) half time, 5) defense evidence, 6) closing statements, and 7) jury instructions. Your attorney will cross examine the state’s witnesses. After the state puts on all its evidence, they rest. The defense asks the judge to dismiss based on whether the state put on enough evidence to support each charge. The defense presents evidence, often including expert testimony about the reliability of chemical tests. If a guilty verdict is returned, we proceed to sentencing.
The other possibility on trial day is a plea. This results from plea-bargaining between the state and you. The defendant may agree to a plea to a charge or charges, in exchange for a lenient recommendation by the state on sentencing. In some counties, judges will agree to be bound by sentencing agreements (Denver, Arapahoe). In other counties (such as Jefferson), the judge is not required to go along with recommended sentences. In some cases, the judge will allow the defendant to withdraw his or her guilty plea if the judge’s sentence far exceeds the recommendation by the State.

Sentencing
At the end of trial, or upon entering a plea bargain, the judge will sentence you. If this is your first alcohol-related offense and the BAC is less than 0.20, the court will allow immediate sentencing on that same court date. If you have prior offenses or a high BAC, the court will order the probation department to meet with you for an alcohol evaluation and a “pre-sentence investigation” (a PSI). The sentencing will be set at a later date and the judge will consider whether to follow the recommendations of the probation department. The possible penalties for alcohol-related offenses are explained below. If jail is likely, we request a stay of execution to give you time to prepare yourself. Different courts have difference policies about stays. Among the sentencing options that we ask for in serious cases:

• in-home detention (you wear an ankle monitor and go to work, school)
• work release (allows you to work while serving jail)
• jail time served on weekends
• in-patient alcohol treatment

We recommend that almost all of our DUI clients start alcohol treatment prior to sentencing. Treatment with some form of monitored sobriety, demonstrates to the judge that you are serious about preventing a future offense. In any case, completion of a Level I or II alcohol program may be required for you to get your license reinstated or to get the ignition interlock on your car; treatment will not be a waste of time.

Blood-Alcohol Content (BAC): Measure of the alcohol content in your blood. Chemical evidence of blood-alcohol content is used by the prosecution to show that a driver was “under the influence.” In addition, Colorado law makes it illegal to simply drive with a blood-alcohol level in excess of .08 percent. If the results of your breath or blood test were 0.08 or higher (0.02 if you are under 21 years of age) your license is subject to a three month revocation. The blood-alcohol reading is also used as an important gauge in plea bargaining and sentencing in alcohol-driving cases.

Cancellation: An action to void a valid Driver License

Denial: A restraint action taken when an individual does not have a Colorado Driver License.

DUI Per Se: Most Coloradans in drunk driving cases are charged with two offenses: (1) driving under the influence and (2) driving with a blood-alcohol level in excess of 0.08. The second offense is a violation of the per se statute, which makes it illegal to drive with a blood-alcohol content over 0.08, regardless of whether your driving was impaired.

Field Sobriety Test (FST): A series of roadside tests given by the police officer which allow the cop to determine if you are impaired by alcohol. The tests include the Horizontal Gaze Nystagmus, the Walk & Turn, and One-Leg Stand. You may refuse to take roadside tests without any legal penalty. We challenge the scientific reliability of these tests in motions to the court.

Ignition Interlock: A device that prevents a driver from starting a vehicle without first breathing into a primitive breath analyzing device and getting a negative reading. In Colorado, repeat alcohol offenders are required to have the Ignition Interlock when they reinstate driving privileges. CRS § 42-2-132.5. Reinstated licenses are restricted to the use of vehicles equipped with an Ignition Interlock device for at least the period of one year. Drivers with two alcohol driving offenses in five yours, three in a lifetime, or with Habitual Traffic Offender status and at least one alcohol driving offense after 7/1/00 will be allowed to reinstate only with a restricted license that limits their driving to vehicles with an Ignition Interlock device. The interlock driver bears all costs of the Ignition Interlock device.

Level II Education & Therapy: A condition of probation for alcohol-related offenses. Completion of Level II is a mandatory condition for reinstatement of your license if it is revoked for having a BAC over 0.20. You should start classes right away to show DMV you are enrolled at your hearing.

Preliminary Breath Test (PBT): Instruments used by police officers in the field to obtain initial indications of blood-alcohol levels. This screening is used to detect the presence of alcohol in the driver, or to roughly determine a pass or fail level. If the PBT instrument shows that alcohol is present, or if it reflect a possibly high blood-alcohol level, the cop can use this information in deciding whether to arrest. Results are not admissible at trial, but can be used to support probable cause. A driver may refuse to take a preliminary breath test without any license consequences, unless the driver is under age 21. See CRS § 42-4-1301(6)(i).

Refusal Warning: If you refused (or are alleged to have refused) to take a blood, breath or urine test after being requested to do so when being processed for any drunk driving related charges in Colorado, your driver’s license is subject to a one year revocation. You have only seven (7) days to request an administrative DMV hearing or else or license is automatically revoked.

Revocation: A restraint action that invalidates the Driver License and revokes the driving privilege.

Roadside Tests: See “Field Sobriety Test.”

Suppression: When law enforcement violates your civil rights, one remedy is to have illegally-obtained evidence suppressed, which means that the court orders that the evidence cannot be used against you at trial. Your attorney will file a Motion to Suppress evidence, such as test results, if law enforcement lacked the proper legal justification to stop, search, or seize you or obtained evidence in violation of your rights.

Suspension: A restraint action that temporarily invalidates the Driver License and withdraws the driving privilege.

In addition to the penalties described below, anyone convicted of an alcohol-related offense can expect $300 to $600 for court costs and probation supervision fees, not including the cost of alcohol education, therapy, or testing.

Driving Under The Influence (DUI)
The legal limit for adults in 0.08. In a DUI case, the prosecution must prove beyond a reasonable doubt that you drove a vehicle or had actual physical control of a vehicle while under the influence of alcohol (or drugs or both) to such a degree that you were substantially incapable of operating a vehicle. Having a blood-alcohol level of 0.08 grams per 210 liters of breath permits the jury to infer that you were under the influence. The DUI statute is C.R.S. §42-4-1301(1)(f).

First Time DUI Conviction:

• 5 days to 12 months jail, with a minimum of 5 days in jail
• $300 to $1000 fine
• 48 to 96 hours of useful public service (48 mandatory)
• attend M.A.D.D. victim impact panel
• court costs
• 12 points on your license
• All jail time may be suspended if you complete and pay for a Level I or Level II alcohol/drug education program and therapy as recommended by a court-ordered evaluation.

DUI With A Prior DUI, DUR (Alcohol), Vehicular Assault, Vehicular Homicide In Your Lifetime:

• 90 days to 12 months jail
• $450 to $1000 fine
• 60 to 120 hours of useful public service (60 mandatory)
• attend M.A.D.D. victim impact panel
• abstain from using alcohol for one year
• court costs
• 12 points on your license

All but 10 days jail time may be suspended if you complete and pay for a Level I or II alcohol/drug education program and therapy as recommended by an evaluation. This may be served on in-home detention, at the discretion of the judge.

DUI With A Prior DWAI In Your Lifetime:

• 70 days to 12 months jail
• $450 to $1000 fine
• 56 to 115 hours of useful public service (56 mandatory)
• attend M.A.D.D. victim impact panel
• abstain from using alcohol for one year
• court costs
• 12 points on your license

All but 7 days jail may be suspended if you complete and pay for a Level I or II alcohol/drug education program and therapy as recommended by an evaluation. This may be served on in-home detention, at the discretion of the judge.

DUI With A BAC Over 0.20:

• 10 day mandatory minimum jail
• 90 days to 12 months jail
• $500 to $1500 fine
• 60 to 120 hours of useful public service
• attend M.A.D.D. victim impact panel
• abstain from using alcohol for one year
• court costs
• 12 points on your license

All but 10 days jail may be suspended if you complete and pay for a Level I or II alcohol/drug education program and therapy as recommended by an evaluation. This may be served on in-home detention, at the discretion of the judge.

License Revocation And Suspension
If you are arrested for DUI, you will be required to take a chemical test to determine your alcohol content (BAC). Under Colorado’s Express Consent Law, all drivers are considered to have expressed their consent to take this test.

Drivers age 21 and up have the right to choose whether to take a breath or blood test. Drivers under age 21 may request a breath or blood test when charged with DWAI, DUI, or DUI per se. Minor drivers under 21 charged with UDD will have to submit to a breath test only.

The arresting officer must have probable cause to believe that you were drinking and driving in violation of the law to order you to submit to the test. Kurtz & Peckham will often raise the challenge of whether probable cause existed to get the test results suppressed.

If you refuse the chemical test, your Colorado license will be revoked for twelve months, without the possibility of a probationary license during that time. If there is a later suspension due to a conviction for DUI or excessive points, that will be consecutive; you may be eligible for a probationary license during that added time.

For How Long Will My License Be Revoked & Suspended?
If you have a BAC over 0.08, it will be revoked for a straight three months or you can get a work permit after 30 days and then get a work permit under a suspended license for five more months (total of six months).

If you have a prior alcohol-related conviction, your license will be revoked for one year, without the possibility of a probationary license (work permit).

If you are under 21 and your BAC was between 0.05 to 0.08, it will be revoked for three months for a first violation, six months for a second violation, and one year for a third or subsequent violation. You may request a work permit after 30 days and then have a probationary license for five months (total six months).

If you refused to take a chemical test, it will be revoked for one year for a first violation. For a second refusal, the license will be revoked for two years. For a third or subsequent refusal, it will be revoked for three years.

If you refused to take a chemical test while driving a commercial motor vehicle, the revocation is for one year. If the commercial vehicle was transporting hazardous materials, the license will be revoked for three years. A second or subsequent refusal involved with driving a commercial vehicle will result in a cancellation or denial of the license.

If your license is revoked due to a high BAC, any suspension or revocation that is caused by a criminal conviction will run CONCURRENT (or at the same time). However, if your license is revoked due to a refusal, any revocation caused by a criminal conviction will run CONSECUTIVE to that revocation (it will be added on).

This is a lower alcohol-related offense. Many states do not even recognize the charge of DWAI. If you have a legal limit of 0.05 to 0.08, you will be charged with DWAI. In a DWAI case, the prosecution must prove beyond a reasonable doubt that you drove or had actual physical control of a vehicle when you consumed enough alcohol that it affects you to the slightest degree that you are less able than you ordinarily would have been to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

DWAI is also a reduced charge for plea-bargaining purposes. It is a common resolution because the conviction for DWAI does not trigger a license suspension due to excessive points. However, even if you plead guilty to DWAI, your license may be suspended if the DMV finds your BAC was over 0.08 while driving. If a minor driver (under 21) is convicted of DWAI, his or her license is revoked for one year.

1) First DWAI conviction with no priors

• 2 days to 6 months jail
• 24 to 48 hours public service (24 mandatory)
• $300 to $500 fine
• attend M.A.D.D. victim impact panel
• likely one year probation
• court costs
• 8 points on your license

2) DWAI conviction with a prior DWAI

• 45 days to 12 months jail
• 48 to 96 hours useful public service (48 mandatory)
• $300 to $1000 fine
• attend M.A.D.D. victim impact panel
• court costs
• 8 points on your license

All but 5 days of the jail may be suspended if you complete and pay for a Level I or II
alcohol/drug education program and therapy as recommended by an evaluation.

3) DWAI conviction with a prior DUI, vehicular homicide, Driving Under Restraint, or
vehicular assault

• 60 days to 12 months jail (6 days mandatory minimum)
• $400 to $1000 fine
• 52 to 104 hours useful public service
• attend M.A.D.D. victim impact panel
• court costs
• 8 points on your license

Thanks for Visiting Colorado!!!

Whether you flew into Denver or climbed the Rockies in the family car,

Whether you came for business or the Broncos,

If you received a souvenir in the form of a traffic ticket,
a city or county may want to see you here in court.

You may be asking……

• Why Should I Take Care of This Ticket?
• How’s this Ticket Going to Affect my License?
• How Can We Help?

Why Should I Take Care of This Ticket?

An unpaid ticket in another state can follow you home and cause problems with your license to
drive. Failure to appear in court on a traffic summons will likely result in the issuance of an
arrest warrant. Under the Interstate Driver License Compact, your home state may be
informed of the outstanding judgment warrant against you in Colorado. This may result in
suspension of your driving privileges.

How’s this Ticket Going to Affect my License?

The Colorado DMV reports the following types of traffic convictions to your home state:

• alcohol-related offenses
• accidents involving personal injury
• cases with unpaid fines
• citations on a CDL

“Best price around and excellent service!! Hopefully I won’t need another lawyer, but if I do I know who I’m coming to see.” – A Traffic client How Can We Help?

Kurtz & Peckham, P.C. can…

• appear in court on your behalf
• negotiate a reduced charge
• ensure that fines and costs are paid
• save you money and inconvenience

Before you gas up the RV,
Before you book another flight,

Let Kurtz & Peckham, PC help you avoid the
unexpected return to Colorado.

Please call us at (303) 893-3045 or email us at to schedule a free 30 minute consultation

Photo Radar Violations and Tickets
C.R.S. 42-4-110.5

Key Points

• No points may be issued against the license nor may records of violation be kept
• Maximum penalty for speeding is $40, doubled in a school zone
• Maximum penalty for traffic control violations is $75
• 1st speeding violation under 10 mph will result in a warning; no penalties
• If the vehicle owner was not driving at the time of the violation, the owner is not required to identify the driver
• Notice of the use of the automated vehicle identification system must be posted 300 feet before the actual device

Summary

Automated vehicle identification system means a system where a machine is used to detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle, operator of the vehicle, and the license plate of the vehicle. A penalty assessment notice or summons and complaint are issued to the registered owner of the vehicle.

The automated vehicle identification system shall be used by the department of public safety to detect speeding within a highway maintenance, repair or construction zone, upon request from the department of transportation.

The city, county or state may adopt the use of a device to detect traffic violation subject to the following:

• The city, county or state must notify the violator no later than 90 days after the violation through a penalty assessment notice or a summons and complaint. The violator must pay actual costs if personal service is required.
• The city, county or state may not report judgments or convictions
• The city, county or state may not report to the department of motor vehicles outstanding judgments for a violation detected by the automated vehicle identification system
• The city, county, or state must place a temporary sign in a conspicuous place not fewer than 300 feet before the area of the automated vehicle identification system, notifying the public of the use of said device. Such sign may not be posted at the city, county or state borders nor posted where a device is not yet being used. Letter of the sign must be at least 4 inches high for upper case letters and two and nine tenths inches high for lower case letters.
• The city, county or state may not require a registered owner of a vehicle to disclose the identity of the driver who was detected through the use of the automated vehicle identification system, but may be required to submit evidence that the owner was not the driver at the time of the alleged violation

Penalty may not be issued unless an officer or employee of the city, county or state is present during the operation of device except if the system was designed to detect violations of traffic lights.

The violation must occur within a school zone, residential neighborhood (residential dwellings on both sides of the street and posted speed limits of 35 mph or less), within maintenance, construction, or repair zones, or along a street that borders a park.

No points shall be issued against a license nor may the department keep records of violations detected by the automated vehicle identification system.

If a speeding violation of ten mph or less of the posted limits occurred, and is the first violation, the city, county, or state must send a warning notice. No penalties or charges may be imposed.

If a second or subsequent speeding violation is detected, the maximum penalty, including surcharge, is forty dollars. This does not apply to maintenance, construction or repair zones (separate penalties apply)

If speeding violation is in a school zone, the maximum penalty imposed shall be doubled.

The maximum penalty for a violation of a traffic control signal is 75 dollars.

Kurtz and Peckham, PC represents clients primarily in the following Colorado counties: Adams, Arapahoe, Denver, Jefferson, Douglas, Broomfield, and Boulder.

For more information on this or any traffic related issues, please feel free to call Kurtz & Peckham, PC at (303) 893-3045 or email our office at for a complimentary one half hour initial consultation with an experienced attorney.

Point Suspension Law

Colorado’s point suspension law (statute 42-2-123, CRS) requires a suspension of a driver’s license under the following circumstances:

A. Adult Drivers (age 21 and older) with:

• 12 points or more within any one-year period, or
• 18 points or more within any two-year period

B. Provisional Drivers (age 18 through 20) with:

• 9 points or more within any one-year period, or
• 12 points or more within any two-year period, or
• 14 points since the lifetime of the provisional license

C. Minor Drivers (age 16 through 17) with:

• 6 points or more within any one-year period, or
• 7 points or more within any two-year period.

Suspension Hearing

If you choose to request a formal hearing, you meet with a hearing officer at the DMV. You have the right to have a defense lawyer with you at the hearing. A transcript of the hearing will be available for appeal purposes. A hearing officer will determine the length and terms of suspension. The hearing may result in up to a one-year suspension with no probationary driving privileges being authorized. You may request a probationary license for a points suspension. A defense lawyer can help make the argument for why you deserve a restricted license.

Terms of Probationary Licenses

A probationary license is based on your driving needs. If you choose a suspension with restricted driving, you must be prepared to explain your reasons for driving.

The probationary license will be cancelled if you are convicted of any traffic offenses you receive while driving with the license.

Criteria for Length of Suspension

The hearing officer will consider any of the following factors to determine whether to shorten the suspension period or grant a probationary license:

• evidence that you complete a defensive driving course and have not acquired any convictions since completing that course;
• any recommendation made by a court at the time of the conviction which indicates that a shorter term of suspension would be appropriate
• any fact showing that you are not a risk to public safety
  the absence of any aggravating factors in your driving record (such as serious speeding
  offenses, accidents, reckless or careless driving)
• any evidence that you have suffered undue delay with regard to initiating the suspension proceedings or have been harmed as a result of errors in record-keeping by the department
• any other factors which you submit in mitigation

Reinstatement
You are eligible for reinstatement of your regular license the day that your suspension period ends. To reinstate, you must pay a $95 reinstatement fee and provide proof of insurance. If you do not reinstate on the date you are eligible, the suspension continues until you get reinstated.

If you are caught driving without reinstating, you are subject to the following penalties: 1) one-year extension of suspension with no driving, 2) imprisonment in jail for not less than 30 days 3) fines not less than $500.

Frequently Asked Questions about Probationary Licenses

If I have a probationary license, can I drive to the grocery store, to get gas, the cleaners, or other needs on the way to one of the allowed restrictions?
These stops are allowed only if reasonably on the way and within any time restriction specified. Abusing the restrictions will put the probationary license at risk.

What about an emergency, the kids get sick, etc.?
Again, driving outside the restrictions may place cancellation of the probationary license at risk. If your license is confiscated by a police officer because he or she believes you drove outside the restriction, you may petition for a hearing on the matter with the DMV hearings section.

In the event that I change my job or my driving needs change, do I need to have my probationary license changed?
Yes, any change in your driving needs must be reflected on the probationary license.

What will happen if I am unable to reinstate on the day my suspension ends?
The suspension continues until you reinstate. Reinstatement occurs only when you have paid a $60.00 reinstatement fee and provided evidence of insurance to the DMV. Once reinstated, DMV issues you an order of reinstatement and returns your driver’s license.

When I reinstate, do I start over with a “clean driving record?”
Reinstatement only restores your regular driving privileges. It does not clear your driving record. Existing points on your record along with any new points acquired after your suspension may cause a new point suspension.

Do I have to come to court?

The answer depends on what you are charged with and where. If you are charged in a Municipal Court, an attorney can most often appear without you. If you are charged in County Court, the chances are that you must come to court unless 1) you live outside Colorado, or 2) you are charged with a minor traffic infraction. In either case, we will Motion to waive your appearance if it is inconvenient for you to come to court and we have authority to act on your behalf. If you have missed a previous court appearance on the current case, the court may require your personal presence in court and may require you to post a bond to guarantee that you come to court in the future.

What is a non-moving violation?

There are some minor offenses in Colorado that auto insurance companies will treat as “non-moving” violations. For the most part these are “o” point violations (ie. Obstructed windshield or fictitious plates). Occasionally an insurance company will consider a defective or unsafe vehicle (two points) or defective headlamp as a non-moving violation, but rarely. If the insurance company considers the violation as non-moving, they will generally not raise your rates.

The municipal codes of different cities may use different terms to describe similar charges.

Will my Insurance Company see the Original Charge?

If you enter into a plea bargain, the court will send notice of the conviction to the Colorado DMV. The court will only send notice of the charge you pled guilty to. The original charge will show up on your DMV record only if you fail to comply with the court’s sentence, such as defensive driving classes or fines.

Can I get a Jury Trial on a speeding ticket?

The answer is probably NO. Colorado and most cities have decriminalized many traffic offenses. If you are facing a civil (rather than criminal) traffic infraction, you do not face the possibility of a jail sentence. You also do not have the right to a jury trial. To determine whether you have a right to jury trial, we need to know what court you are being charged in. For most speeding tickets, you only have the right to a court trial or a final hearing. When a judge is hearing the evidence on a speeding ticket, your chances of winning decrease. Regardless, we can file discovery motions and challenge evidence to hold the prosecution to its burden of proof.

What happens if I missed my court date?

If you missed the court date on your traffic ticket, the court may issue warrant for your arrest. The warrant is called an “Outstanding Judgment Warrant” (OJW). The court will notify the DMV about your failure to appear. The DMV will send you a notice that your license will be cancelled unless you take care of your ticket in court. The only way to avoid or undo the suspension is to give the DMV a “clearance letter” from the court. The court will charge you $30 to clear any OJW. We can ask the court to vacate the warrant and explain why you missed court. The court may or may not vacate the warrant. We have had success with vacating warrants, but some judges will require that you surrender yourself and post a cash bond (usually $250 -1000, depending on the charge). Even if the judge vacates the warrant, you will have to pay the $30 OJW fee.
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Do I have to pay Restitution?

If you are charged with a COLORADO STATE law violation, the prosecution has a duty to demand restitution on behalf of the victims of an accident. Restitution means any pecuniary loss caused by the defendant’s criminal acts. The court may order you to pay restitution to reimburse another party for lost wages, rental car expenses, medical treatment, and insurance deductibles. You have the right to a hearing in court, where the judge will hear evidence about alleged expenses and costs.
If you reach a plea bargain, the prosecution may seek an agreement that you pay restitution as part of the sentence.
You can only be ordered to pay restitution for costs that are not covered by insurance. If you are charged with a traffic or criminal offense that caused economic damages, you should try to get your auto or homeowners insurance to pay as much as possible. If you did not have insurance and are found guilty of an offense arising out of an accident, the court will most likely order you to pay restitution. The prosecution has 90 days to provide restitution information to the court. This time may be extended by the court for good reason.

If your case is in a Municipal Court and you are charged with violating the Municipal Code of a city, then the court may lack authority to order you to pay restitution.

Kurtz & Peckham, PC is experienced at challenging restitution requests and can represent you in a hearing. If needed, we can subpoena records and witnesses, such as auto mechanics.

What happens if I am charged with NPOI?

If you provide the court with proof that your vehicle was insured on the date you were pulled over, the charge will be dismissed.

If your car was not insured, and the cop had a legal reason to pull you over in the first place, then you will face a conviction for No Proof of Insurance (NPOI). There is a mandatory $500 minimum fine for a first offense. The judge can suspend up to $250 of the fine if you later got insured.

NPOI is a four (4) point offense. If you are convicted of NPOI, you will receive a notice of suspension from the DMV. In order to avoid a suspension of your license for violating the Financial Responsibility Act (FRA), you must provide the DMV with proof that you are insured. You also have to get a special type of auto insurance, called an SR-22. The SR-22 form requires the insurance provider to notify DMV if your insurance lapses. Go to the Department of Revenue website for more information about SR-22 insurance at: http://www.revenue.state.co.us/mv_dir/home.asp.

If you are under 21, it is against the law to drive with a BAC of 0.02 or higher. Colorado classifies this charge as a Class A traffic misdemeanor if you have a BAC at least 0.02 but not more than 0.05. C.R.S. § 42-4-1301(2)(a.5).

Kurtz & Peckham, PC has extensive experience in both traffic violation defense and juvenile defense. Call 303.893.3045 or email our office at to schedule a complimentary one half hour initial consultation with an experienced attorney.