Photo Radar Violations and Tickets
- 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
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.