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.