TRAFFIC DEFENSE

Chauffeur Information

chauffeur additional point allowance not applicable if any points are alcohol related or leaving the scene of an accident  CRS 42-2-127(1)

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Regarding points which are the basis for suspension.  If any such points were incurred outside the course & scope of employment, driver is not entitled the additional points granted under the chauffeur exception.  Edwards v. Motor Vehicle Div., 33 Colo. App. 382 (1974), Michels v. Motor Vehicle Div of Dept. of Revenue, 32 Colo. App. 106, 506 P.2d 1243 (1973).  Put another way, all points must be job related or the driver will fall under the normal point system - minor, provisional or adult.

STATE COURT PENALTY ASSESSMENT
POINT REDUCTION - EARLY PAYMENT
CRS 42-2-127(5.5)

If a person receives a penalty assessment notice for a violation under section 42-4-1701(5) and such person pays the fine and surcharge for the violation on or before the date the payment is due, the points assessed for the violation are reduced as follows:

MUNICIPAL COURT PENALTY ASSESSMENT
POINT REDUCTION AUTHORITY - EARLY PAYMENT
CRS 42-2-127(5.6)

(a) Any municipality may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the municipality pursuant to counterpart municipal ordinances. Whenever a municipality reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.
(b) Any county may elect to have the provisions of subsection (5.5) of this section apply to penalty assessment notices issued by the county pursuant to counterpart county ordinances. Whenever a county reduces a traffic offense, the reduced offense and the points assessed for such reduced offense shall conform to the point assessment schedule under subsection (5) of this section.

COLORADO SPRINGS MUNICIPAL COURT HAS NOT ADOPTED EARLY PAYMENT POINT REDUCTION
a driver will not receive point reduction for early payment of a traffic ticket in Colorado Springs Municipal Court
appearance in court and negotiation with an assistant city attorney may result in point reduction, but early payment => full points

PERSONAL SERVICE REQUIREMENT
PENALTY ASSESSMENT POINTS
CRS 42-2-127(5.7)

Notwithstanding any other provision of the statutes to the contrary, if a penalty assessment for a traffic infraction is not personally served on the defendant or the defendant has not accepted the jurisdiction of the court for such penalty assessment, then the traffic infraction is a class B traffic infraction and the department has no authority to assess any points under this section upon entry of judgment for such traffic infraction.

AUTOMATED TRAFFIC CAMS
NO POINTS ASSESSED
CRS 42-2-127(5.8)

Notwithstanding any other provision of this section, the department may not assess any points for a violation if such assessment of points is prohibited under section 42-4-110.5(3).  Note - this statute is identified as automated vehicle identification systems - this is the traffic cam system used to issue traffic tickets.

FIRST CONSULTATION - NOTICE

Attorney Policies
Litigant Pro Se - Driver's Attempt to Prepare Own Defense at License Hearing

1.  Adequate Time.  If sufficient time exists to adequately prepare your driver's license defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept license defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  DOR hearings are set quickly - continuance requests on the basis of driver delay in retaining counsel are routinely denied.  Please be aware that after other counsel's withdrawal it may be difficult for a new attorney to prepare your defense in time for hearing.  Please also be aware fees and costs will be associated with procuring DMV files or court files and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your license defense, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

Appeal.  Attorney welcomes DOR license suspension or revocation appeals to the District Court or to the Colorado Court of Appeals.  From the DMV Appeal Webpage Index, site visitors may find information regarding procedures anticipated in a DMV appeal.  If the attorney provided representation at the DOR hearing, he is familiar with the facts, testimony and exhibits received into evidence at hearing and meritorious issues for appeal.  Retaining counsel who did not provide DOR hearing representation requires a bit more familiarization by counsel.  Please refer to: