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FAILURE TO STOP
RED LIGHT - STOP
LIGHT - STOP SIGN
TRAFFIC INFRACTION
4
Points |
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CRS 42-4-604. Traffic control signal
legend
(1) If traffic is controlled by traffic control signals exhibiting
different colored lights, or colored lighted arrows, successively one at a
time or in combination as declared in the traffic control manual adopted by
the department of transportation, only the colors green, yellow, and red
shall be used, except for special pedestrian-control signals carrying a
word or symbol legend as provided in section 42-4-802, and said lights,
arrows, and combinations thereof shall indicate and apply to drivers of
vehicles and pedestrians as follows:
(a) Green indication:
(I) Vehicular traffic facing a circular green signal may proceed straight
through or turn right or left unless a sign at such place prohibits such
turn; but vehicular traffic, including vehicles turning right or left,
shall yield the right-of-way to other vehicles and to pedestrians lawfully
within the intersection and to pedestrians lawfully within an adjacent
crosswalk at the time such signal is exhibited.
(II) Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow or such other movement as
is permitted by other indications shown at the same time. Such vehicular
traffic shall yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the intersection.
(III) Unless otherwise directed by a pedestrian-control signal as provided
in section 42-4-802, pedestrians facing any green signal, except when the
sole green signal is a turn arrow, may proceed across the roadway within
any marked or unmarked crosswalk.
(b) Steady yellow indication:
(I) Vehicular traffic facing a steady circular yellow or yellow arrow
signal is thereby warned that the related green movement is being
terminated or that a red indication will be exhibited immediately
thereafter.
(II) Pedestrians facing a steady circular yellow or yellow arrow signal,
unless otherwise directed by a pedestrian-control signal as provided in
section 42-4-802, are thereby advised that there is insufficient time to
cross the roadway before a red indication is shown, and no pedestrian shall
then start to cross the roadway.
(c) Steady red indication:
(I) Vehicular traffic facing a steady circular red signal alone shall stop
at a clearly marked stop line but, if none, before entering the crosswalk
on the near side of the intersection or, if none, then before entering the
intersection and shall remain standing until an indication to proceed is
shown; except that:
(A) Such vehicular traffic, after coming to a stop and yielding the
right-of-way to pedestrians lawfully within an adjacent crosswalk and to
other traffic lawfully using the intersection, may make a right turn,
unless state or local road authorities within their respective
jurisdictions have by ordinance or resolution prohibited any such right
turn and have erected an official sign at each intersection where such
right turn is prohibited;
(B) Such vehicular traffic, when proceeding on a one-way street and after
coming to a stop, may make a left turn onto a one-way street upon which
traffic is moving to the left of the driver. Such turn shall be made only
after yielding the right-of-way to pedestrians and other traffic proceeding
as directed. No turn shall be made pursuant to this sub-subparagraph (B) if
local authorities have by ordinance prohibited any such left turn and
erected a sign giving notice of any such prohibition at each intersection
where such left turn is prohibited.
(C) To promote uniformity in traffic regulation throughout the state and
to protect the public peace, health, and safety, the general assembly
declares that no local authority shall have any discretion other than is
expressly provided in this subparagraph (I).
(II) Pedestrians facing a steady circular red signal alone shall not enter
the roadway, unless otherwise directed by a pedestrian-control signal as
provided in section 42-4-802.
(III) Vehicular traffic facing a steady red arrow signal may not enter the
intersection to make the movement indicated by such arrow and, unless
entering the intersection to make such other movement as is permitted by
other indications shown at the same time, shall stop at a clearly marked
stop line but, if none, before entering the crosswalk on the near side of
the intersection or, if none, then before entering the intersection and
shall remain standing until an indication to make the movement indicated by
such arrow is shown.
(IV) Pedestrians facing a steady red arrow signal shall not enter the
roadway, unless otherwise directed by a pedestrian-control signal as
provided in section 42-4-802.
(d) Nonintersection signal: In the event an official traffic control
signal is erected and maintained at a place other than an intersection, the
provisions of this section shall be applicable except as to those
provisions which by their nature can have no application. Any stop required
shall be made at a sign or pavement marking indicating where the stop shall
be made, but in the absence of any such sign or marking the stop shall be
made at the signal.
(e) Lane-use-control signals: Whenever lane-use-control signals are placed
over the individual lanes of a street or highway, as declared in the
traffic control manual adopted by the department of transportation, such
signals shall indicate and apply to drivers of vehicles as follows:
(I) Downward-pointing green arrow (steady): A driver facing such signal
may drive in any lane over which said green arrow signal is located.
(II) Yellow "X" (steady): A driver facing such signal is warned that the
related green arrow movement is being terminated and shall vacate in a safe
manner the lane over which said steady yellow signal is located to avoid if
possible occupying that lane when the steady red "X" signal is exhibited.
(III) Yellow "X" (flashing): A driver facing such signal may use the lane
over which said flashing yellow signal is located for the purpose of making
a left turn or a passing maneuver, using proper caution, but for no other
purpose.
(IV) Red "X" (steady): A driver facing such signal shall not drive in any
lane over which said red signal is exhibited.
(2) Any person who violates any provision of this section commits a class
A traffic infraction. |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
0 - Civil
Infraction |
0 - Civil
Infraction |
| Fine |
$15 - $100 |
$15 - $100 |
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Points
against
Colorado Driving Privileges |
4
Points |
4
Points |
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Failure to stop is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Failure to stop is not a
DARP Aggravator
criminal court sentencing |


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FAILURE TO STOP
RED LIGHT - STOP
LIGHT - STOP SIGN
TRAFFIC INFRACTION
4
Points |
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10.17.105: TRAFFIC-CONTROL SIGNAL
LEGEND
Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or colored arrows successively one at a time or in combination, only the colors green, yellow and red shall be used, except for special pedestrian-control signals carrying a word legend as provided in section 10.17.108 of this article. The lights, arrows and combinations thereof shall indicate and apply to drivers of vehicles and pedestrians as follows:
A. Green Indication:
1. Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at the place prohibits either turn; but vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.
2. Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication may cautiously enter the intersection only to make the movement indicated by the arrow or other movement as is permitted by other indications shown at the same time. The vehicular traffic shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
3. Unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
B. Steady Yellow Indication:
1. Vehicular traffic facing a steady circular yellow or yellow arrow signal is warned that the related green movement is being terminated, or that a red indication will be exhibited immediately thereafter.
2. Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article, are advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway.
C. Steady Red Indication:
1. Vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown. Vehicles turning to the right or left may proceed after stopping under the following circumstances:
a. Right Turns: A right turn may be made on a red light where not prohibited by an official sign or other official traffic-control device and only if the vehicle first comes to a stop, yields the right of way to pedestrians lawfully within an adjacent crosswalk, and yields the right of way to any other traffic lawfully using the intersection. It is otherwise unlawful to turn right on a steady circular red signal.
b. Left Turns: A left turn may be made on a red light when not prohibited by an official sign or other official traffic-control device and only if the vehicle first comes to a stop, is on a one-way street and is turning onto a one-way street where traffic is proceeding to the vehicle's left, and only after yielding the right of way to all pedestrians and other traffic. It is otherwise unlawful to turn left on a steady circular red signal.
2. Pedestrians facing a steady circular red signal alone shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article.
3. Vehicular traffic facing a steady red arrow signal may not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make another movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but if none, before entering the crosswalk on the near side of the intersection or if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by the arrow is shown.
4. Pedestrians facing a steady red arrow signal shall not enter the roadway, unless otherwise directed by a pedestrian-control signal as provided in section 10.17.108 of this article.
D. Nonintersection Signal:
1. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.
2. Any stop required at a nonintersection signal shall be made at a sign or pavement marking indicating where the stop shall be made, but in the absence of any sign or marking, the stop shall be in advance of the crosswalk or crossing area. (1968 Code §6-17-5; Ord. 75-86; Ord. 77-69; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$100 min - $500 |
$100 min - $500 |
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Points
against
Colorado Driving Privileges |
4
Points |
4
Points |
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Failure to stop is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Failure to stop is not a
DARP Aggravator
criminal court sentencing
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1.1.201: GENERAL PENALTY 1
A. Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.
B. Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment in jail for a period not exceeding ninety (90) days, by a sentence of probation, or by a combination of fine and/or imprisonment and/or a sentence of probation, unless otherwise provided. The Municipal Court shall designate fines which may be made payable at the Violations Bureau. The minimum fine shall be as follows for the following offenses:
1. Section 10.17.105 entitled, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars
($100.00).
2. Section 10.3.101 entitled, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars
($100.00).
3. Chapter 10, "Motor Vehicles And Traffic", Article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00).
C. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.
D. The provisions of this section shall not be applicable to violations of the City's Zoning Code and sections 9.6.606 through 9.6.615 of this Code.
E. Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated. (Ord. 4747; 1968 Code §15-1; 1980 Code; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177) |


FAILURE TO STOP
SCHOOL BUS
TRAFFIC OFFENSE
6
Points |
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CRS
42-4-1903. School buses — stops — signs — passing
(1)(a) The driver of a vehicle upon any highway, road, or street, upon
meeting or overtaking from either direction any school bus which has
stopped, shall stop the vehicle before reaching such school bus if there
are in operation on said school bus visual signal lights as specified in
subsection (2) of this section, and said driver shall not proceed until the
visual signal lights are no longer being actuated; but, in the case of
small passenger-type vehicles operated as school buses having a seating
capacity of not more than fifteen, no such visual signal lights need be
displayed or actuated.
(b) (I) A driver of any school bus who observes a violation of paragraph
(a) of this subsection (1) shall notify the driver's school district
transportation dispatcher. The school bus driver shall provide the school
district transportation dispatcher with the color, basic description, and
license plate number of the vehicle involved in the violation, information
pertaining to the identity of the alleged violator, and the time and the
approximate location at which the violation occurred. Any school district
transportation dispatcher who has received information by a school bus
driver concerning a violation of paragraph (a) of this subsection (1) shall
provide such information to the appropriate law enforcement agency or
agencies.
(II) A law enforcement agency may issue a citation on the basis of the
information supplied to it pursuant to subparagraph (I) of this paragraph
(b) to the driver of the vehicle involved in the violation.
(2)(a) Every school bus as defined in section 42-1-102(88), other than a
small passenger-type vehicle having a seating capacity of not more than
fifteen, used for the transportation of schoolchildren shall:
(I) Bear upon the front and rear of such school bus plainly visible and
legible signs containing the words "SCHOOL BUS" in letters not less than
eight inches in height; and
(II) Display eight visual signal lights, which shall be two alternating
flashing red lights visible to the drivers of vehicles approaching from the
front of said bus, two alternating flashing red lights visible to the
drivers of vehicles approaching from the rear of said bus, and four visual
signal lights which shall be yellow signal lights mounted near each of the
four red lights and at the same level but closer to the vertical center
line of the bus and which shall be alternately flashing with two visible to
the front and two visible to the rear. These visual signal lights shall be
mounted as high as practicable, shall be as widely spaced laterally as
practicable, and shall be located on the same level. These lights shall
have sufficient intensity to be visible at five hundred feet in normal
sunlight.
(b) (I) The red visual signal lights shall be actuated by the driver of
the school bus whenever the school bus is stopped for the purpose of
receiving or discharging schoolchildren, is stopped because it is behind
another school bus that is receiving or discharging passengers, or, except
as provided in subsection (4) of this section, is stopped because it has
met a school bus traveling in a different direction that is receiving or
discharging passengers and at no other time; but such lights need not be
actuated when a school bus is stopped at locations where the local traffic
regulatory authority has by prior written designation declared such
actuation unnecessary.
(II) A school bus shall be exempt from the provisions of subparagraph (I)
of this paragraph (b) when stopped for the purpose of discharging or
loading passengers who require the assistance of a lift device only when no
passenger is required to cross the roadway. Such buses shall stop as far to
the right off the roadway as possible to reduce obstruction to traffic.
(c) The alternating flashing yellow lights shall be actuated at least two
hundred feet prior to the point where the bus is to be stopped for the
purpose of receiving or discharging schoolchildren, and the red lights
shall be actuated only at the time the bus is actually stopped.
(3) Every school bus used for the transportation of schoolchildren, except
those small passenger-type vehicles described in subsection (1) of this
section, shall be equipped with a stop signal arm mounted outside the bus
on the left alongside the driver and below the window. The stop signal arm
shall be a flat octagon with the word "STOP" printed on both sides in such
a manner as to be easily visible to persons approaching from either
direction. The stop signal arm shall contain two alternately flashing red
lamps which are connected to the alternating flashing signal light system
described in subsection (2) of this section, and the stop signal arm shall
be extended only when the red visual signal lights are in operation.
(4) The driver of a vehicle upon a highway with separate roadways need not
stop upon meeting or passing a school bus which is on a different roadway.
For the purposes of this section, "highway with separate roadways" means a
highway that is divided into two or more roadways by a depressed, raised,
or painted median or other intervening space serving as a clearly indicated
dividing section or island.
(5) Every school bus shall stop as far to the right of the roadway as
possible before discharging or loading passengers; except that the school
bus may block the lane of traffic when a passenger being received or
discharged is required to cross the roadway. When possible, a school bus
shall not stop where the visibility is obscured for a distance of two
hundred feet either way from the bus. The driver of a school bus that has
stopped shall allow time for any vehicles that have stopped behind the
school bus to pass the school bus, if such passing is legally permissible
where the school bus is stopped, after the visual signal lights, if any,
are no longer being displayed or actuated and after all children who have
embarked or disembarked from the bus are safe from traffic.
(6)(a) Except as provided in paragraph (b) of this subsection (6), any
person who violates any provision of paragraph (a) of subsection (1) of
this section commits a class 2 misdemeanor traffic offense.
(b) Any person who violates the provisions of paragraph (a) of subsection
(1) of this section commits a class 1 misdemeanor traffic offense if such
person has been convicted within the previous five years of a violation of
paragraph (a) of subsection (1) of this section.
(7) The provisions of this section shall not apply in the case of public
transportation programs for pupil transportation under section 22-51-104
(1)(c), C.R.S.
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FIRST OFFENSE State Court Possible Penalties
|
Adult |
Minor |
| Jail |
10 days - 90
days |
10 days - 90
days |
| Fine |
$10 - $300 |
$10 - $300 |
|
Points
against
Colorado Driving Privileges |
6
Points |
6
Points |
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SECOND OFFENSE State Court Possible Penalties
|
Adult |
Minor |
| Jail |
10 days - 1
year |
10 days - 1
year |
| Fine |
$100 - $1,000 |
$100 - $1,000 |
|
Points
against
Colorado Driving Privileges |
6
Points |
6
Points |
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Failure to stop
for a school bus is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Failure to stop is not a
DARP Aggravator
criminal court sentencing |


FAILURE TO STOP
SCHOOL BUS
TRAFFIC OFFENSE
6
Points |
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10.4.107: STOP FOR SCHOOL BUSES
A. The driver of a vehicle on any street or highway, upon meeting or overtaking from either direction any school bus which is stopped, shall stop the vehicle before reaching the bus if there is in operation on the school bus visual signal lights as specified in section 10.22.202 of this chapter, and the driver shall not proceed until the visual flashing lights are no longer being actuated.
B. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section, "Highway With Separate Roadways" means a highway that is divided into two (2) or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island.
C. The driver of any school bus shall stop as far as possible to the right of the street or highway before discharging or loading passengers and shall not stop at any place where the visibility is obscured for a distance of two hundred feet (200') in either direction. (1968 Code §6-4-7; Ord. 75-86; Ord. 88-151; Ord. 01-42) |
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10.22.202: SCHOOL BUS LIGHTS AND
MARKINGS
A. Every school bus, other than a small passenger-type vehicle having a seating capacity of not more than nine (9), used primarily for the transportation of school children, shall bear upon the vehicle's front and rear plainly visible and legible signs containing the words "School Bus" in letters not less than eight inches (8") in height, and shall display four (4) visual signal lights which shall be two (2) alternating flashing red lights visible to the drivers of vehicles approaching from the front of the bus and two (2) alternating flashing red lights visible to the drivers of vehicles approaching from the rear of the bus. Every school bus may also display four (4) additional visual signal lights, which shall be yellow signal lights mounted near each of the four (4) red lights and at the same level but closer to the vertical center line of the bus and which shall be alternately flashing with two (2) visible to the front and two (2) visible to the rear as high as practicable, shall be located on the same level. All lights shall have sufficient intensity to be visible at five hundred feet (500') in normal sunlight.
B. When a school bus is equipped only with red visual signal lights, the red lights must be actuated by the driver of the school bus whenever the bus is stopped to receive or discharge school children and at no other time. Red lights need not be actuated when a school bus is stopped at other locations except where the City Traffic Engineer has, by prior written designation, declared actuation unnecessary.
C. When a school bus is equipped with alternating flashing yellow lights in addition to the red lights, and when the use of a signal light system is required, the yellow lights shall be actuated at least two hundred feet (200') prior to the point at which the bus will be stopped for the purpose of receiving or discharging school children, and the red lights shall be actuated only at the time the bus is actually stopped. All school buses required to be equipped shall be equipped with visual signal light systems as provided in this section.
D. In the case of small passenger-type vehicles operated as school buses having a seating capacity of not more than nine (9), no visual signal lights need be displayed or actuated.
E. Every school bus used for the transportation of school children, except those small passenger-type vehicles described in subsection D of this section shall be equipped with a stop signal arm mounted outside the bus on the left, alongside the driver and below the window. The stop signal arm shall be a flat octagon with the word "Stop" printed on both sides in a manner as to be easily visible to persons approaching from either direction. The stop signal arm shall contain two (2) alternately flashing red lamps which are connected to the alternating flashing light system described in subsection A of this section. The stop signal arm shall be extended only when the red visual lights are in operation. (Ord. 98-248; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
|
Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$100 min - $500 |
$100 min - $500 |
|
Points
against
Colorado Driving Privileges |
6
Points |
6
Points |
|
| |
|
Failure to stop for a school bus is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Failure to stop is not a
DARP Aggravator
criminal court sentencing
|
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|
1.1.201: GENERAL PENALTY 1
A. Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this Code or any promulgated rule or regulation to be unlawful or an offense or misdemeanor, or any person who performs an act which is prohibited or fails to perform an act which is required by any provision of this Code or any promulgated rule or regulation, or any person who fails to meet a standard of conduct or behavior prescribed in any provision of this Code for which no specific penalty is provided shall, upon conviction, be punished as provided in subsection B of this section.
B. Any person convicted for the violation of any provision of this Code or any promulgated rule or regulation shall be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment in jail for a period not exceeding ninety (90) days, by a sentence of probation, or by a combination of fine and/or imprisonment and/or a sentence of probation, unless otherwise provided. The Municipal Court shall designate fines which may be made payable at the Violations Bureau. The minimum fine shall be as follows for the following offenses:
1. Section 10.17.105 entitled, "Traffic Control Signal Legend", of this Code; the court shall impose a fine of not less than one hundred dollars
($100.00).
2. Section 10.3.101 entitled, "Approaching Stop Or Yield Intersections", of this Code; the court shall impose a fine of not less than one hundred dollars
($100.00).
3. Chapter 10, "Motor Vehicles And Traffic", Article 5, "Speed Regulations", of this Code; the court shall have the discretion to reduce the payable fine for speeding offenses by no more than thirty dollars ($30.00).
C. A separate and distinct offense shall be deemed to have been committed for each day on which any violation of this Code or of any City rule or regulation shall continue.
D. The provisions of this section shall not be applicable to violations of the City's Zoning Code and sections 9.6.606 through 9.6.615 of this Code.
E. Possibility of imprisonment upon conviction for violation of the offenses listed in section 11.4.104 of this Code is hereby eliminated. (Ord. 4747; 1968 Code §15-1; 1980 Code; Ord. 82-164; Ord. 86-66; Ord. 88-205; Ord. 91-34; Ord. 94-180; Ord. 95-168; Ord. 96-43; Ord. 96-99; Ord. 01-42; Ord. 03-49; Ord. 04-177) |


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El Paso County Local Area
MUNICIPAL COURTS
STOP SIGN - RED
LIGHT DEFENSE |
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TRAVEL TIME & MILEAGE
Billed Outside El Paso County |
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FAILURE TO STOP
RED LIGHT - STOP
LIGHT
STOP SIGN - SCHOOL BUS
POTENTIAL DEFENSES
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| TRAFFIC INFRACTION
4
Points to
6
Points |
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Jurisdictional
attack - refer to link for information
DUI case
Attack the jurisdiction
(power) of
the court in the pending criminal case
Jurisdictional attack may be
an important concept in defense of any given eluding case
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Lack of reasonable suspicion for
initial attempted contact by the law enforcement officer
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Lack of probable cause for
warrantless arrest or seizure of the defendant's person
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Color of authority - peace
officer acting within course & scope of his or her employment.
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Unlawful extra-jurisdictional
arrest
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Defendant's admissions the
result of undue influence, duress and coercion - due process violation
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Defendant's admissions taken in
violation of
5th Amendment privilege
against self incrimination
6th Amendment right to legal
counsel
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Alleged offense did not occur on
public roadway or highway? - yes, the defense works in red light & stop
sign cases
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Driving
A third person, not
defendant, was driving a motor vehicle
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Officer observations - what
didn't he observe which a jury member might expect? What was the
officer's opportunity to observe? - lighting, time spent at intersection,
angle from which officer could observe stop light, other traffic
distraction, radio calls distraction, temperature,
etc.
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Officer observations cross
examination. Officer's estimate of defendant's distance from or into
intersection when light changed, estimate of defendant's speed, estimate of
time light red before defendant's entrance into intersection, whether stop
bar - stop line or curbing. This permits conversion of officer's
speed, time and distance estimates into velocity. Chances are good
that the officer's observations will not mathematically be in the ballpark -
impeachment of his or her testimony & observations.
Rocking motion of defendant's
vehicle indicating cessation of forward movement - right turn on red &
stop sign.
Officer credibility.
Experience with traffic enforcement and training, over concern with conviction statistics, a cop's cop or an average Joe doing a job, would the jury
members want this particular officer stopping him / her? Has the
officer overstated his / her observations in relation to the driving
behavior? How
well was the stop and investigation conducted?
Red light, stop light, stop
sign, school bus stop are a factual determinations based upon the
circumstances of the case. The case may turn upon factual argument - defendant's conduct & driving pattern and officer
conduct or opportunity to observe.
Reasonable doubt - state proof
beyond a reasonable doubt
Cloak of innocence and burden of
proof upon state - beyond a reasonable doubt. A defendant is not
required to prove innocence - the state must prove guilt.
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ACCIDENT
REPORTS & OTHER DMV FORMS
State of Colorado accident report obsolete 8/4/04
police now verify insurance at the accident scene
refer to above link for information, forms, state on-line accident report
and CSPD Cold Report |
Under Colorado
law, if the insurance information of a driver was not included in a law
enforcement traffic accident report, a
State of Colorado Accident Report
must be submitted to the
DMV
within 10 days of an accident. CRS 42-4-1609 Also by statute, statements by a
driver in the accident report may not be used in conjunction with any court
proceedings, criminal or civil, except that the DMV
may disclose the identity of a person involved in an accident when such identity
is not otherwise known or when such person denies his or her presence at such
accident. CRS 42-4-1610, CRS 42-7-504. The primary
purpose of filing the accident report is to comply with state law, and to
provide evidence of insurance on the vehicle - thereby avoiding an
FRA
suspension.- refer to link for information. If any of the below
charges are alleged, a driver should consult with his or her defense attorney
regarding exercise of constitutional privileges before making any oral or
written statement.
Adobe Acrobat Reader
version 5 or later is required to view .pdf files
Free Download
DMV
- State of Colorado Accident Report
DMV
- Evidence of Insurance
DMV
- Affidavit of Financial Responsibility
DMV
- FRA - Release from Liability
DMV
- FRA - Waiver of Security - Financial Responsibility
DMV
- Promissory Note Contract
DMV
- Affidavit - Out of State Residency - FRA SR-22 Avoidance
Other
DMV forms
CSPD
Accident Cold Report
due within 72 hours of accident (large file - please be patient)
Any person may obtain a hardcopy cold report from the
CSPD
Police Operations Center
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LOSS OF COLORADO
DRIVING PRIVILEGES |
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Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the District
Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon final order in the District
Court, either party make take the case on appeal to the
Colorado Court of
Appeals. Refer to links for additional information. |
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INDEPENDENT SERVICE PROVIDERS |
Where relevant, I utilize
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel.
If retained by counsel as an
agent of the attorney, such independent service providers are bound by the
attorney-client privilege. If retained privately by the client, no such
agency or confidentiality exists.

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TRAFFIC DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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Probably not.
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WARNING
minor or provisional driver
school bus may create
point problem |
Unless combined with more serious
DUI,
DUR or
Hit
and Run, or
points
will cause license loss or insurance
premiums will skyrocket, I generally suggest drivers not retain counsel for a
red light, stop sign or school bus stop violation ticket. Colorado Springs has enacted
a $100 minimum fine for red light or stop sign charges, and negotiated cases carry fine based upon
offense initially
alleged. "Sin Tax" to fill the city coffers, so it can
get a little expensive, but retaining counsel is usually not economically
justifiable. Talking to a prosecutor or listening to a plea offer is worthwhile before you spend the money on defense counsel.
Caveat - don't make admissions in the process of your negotiations - your
statements can be used for impeachment if the case proceeds to trial.
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If convicted of any red light, stop sign or school bus stop failure,
you could anticipate increase in your insurance premiums - probably
over a period of 3 - 5 years.
Contact your insurance company underwriters to learn more of the
potential consequence before you speak to prosecutors or decide whether or not
to hire an attorney. |
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ATTORNEY'S
FEES AND COSTS
STOP LIGHT * STOP
SIGN * SCHOOL BUS STOP TICKET DEFENSE |
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At the time of the first
visit, a prospective client will be quoted attorney's fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which it is subject to change
without notice if this office has not been retained. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case.
In most circumstances, attorney initially makes an option offer of 1.) billing
to be upon hourly fees, or in the alternative, 2.) quote of a settlement flat
fee or a trial flat fee. Attorney reserves the right to quote hourly
fees only without a flat fee offer, or hourly and trial flat fee options only.
ELECTION.
Offered fee options will be up to the client, however client's initial election will be
final.
Included in attorney's primary website is a
web page devoted to clear definition & understanding of free
first
consultation, fees and costs, retainer agreement and terms of
representation. Additional
information regarding fees & costs may be found via the links
following potential quotes.
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POTENTIAL FEE
QUOTE
STOP
LIGHT * STOP SIGN * SCHOOL BUS STOP
TICKET DEFENSE |
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I generally offer hourly fees or a settlement flat fee. Most
red light ticket, stop sign ticket or school bus stop ticket
cases plea bargain and do not proceed to trial. The settlement flat
fee would be dependent upon the facts and circumstances of the case, however
the above would be a common quote. This shall neither constitute an offer, nor
be construed as a binding estimate.
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Trial
flat fee would be dependent upon the facts and circumstances of the case, however the
above would be a common quote.
This shall
neither constitute an offer, nor be construed as a binding estimate. |
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frequent
trust deposit request
regarding fees & costs |
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PAYMENT |
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Prior to commencement of
representation, the attorney will quote the amount requested as a trust
deposit against which attorney's fees and costs may be billed. The
requested trust
deposit will be dependent upon the facts and
circumstances of your case.
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stop
light * stop sign * school bus stop
ticket defense
*
this shall not constitute an offer, nor be construed as a binding
estimate |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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| note:
costs change & below cost information may be obsolete |
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| link to Colorado
Judicial Branch website - current costs
information published by state |
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| direct link to
criminal or traffic court costs - costs change &
lists may be obsolete |
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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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POTENTIAL FEE QUOTE
DOR * DMV LICENSE HEARING
SUSPENSION
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REVOCATION
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DENIAL |
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Colorado Springs Attorney Robert D. Gustafson
common quote -
limited flat fee |
$650 |
this shall neither constitute an offer, nor be
construed as a binding estimate
DMV limited flat fee would be dependent upon the
facts and circumstances of the case |
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A DMV limited flat fee would likely be
offered. Additional hours necessitated by
continuance requested by police or by subpoena procurement are billed at
hourly rates. A client may retain the attorney's services in a DUI or
traffic criminal case without asking for
assistance at
DMV proceedings. Attorney does not undertake representation in
DMV proceedings until the DMV limited flat fee has been paid, and full payment is required
at least *seven (7) days in advance of hearing. Fees beyond the DMV limited
flat fee would be
unusual. |
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Attorney will initially
make an option offer of 1.) billing to be upon hourly fees, or in the
alternative, 2.) quote of a hearing flat fee per above. Offered
fee options will be up to the client, however client's initial election will be
final. Hourly fee billings are based solely upon time, and may be more
or less than the offered flat fee. Hourly fees are not capped at
the limited flat fee. Attorney reserves the right to quote hourly fees only without a
flat fee offer. Attorney
reserves the right to decline any case. |
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*
Applicable case law, statutes, rules of civil
procedure, and Department of Revenue or Department of Health regulations
contain mandatory time constraints, are complex and are generally
unfavorable to the driver. The above
7 day hiring limitation is based solely upon client control over fees
paid at time attorney is retained in the criminal case and upon
avoidance & resolution of attorney calendar conflicts.
Prospective clients are notified 7 days is insufficient time to prepare
an adequate license hearing defense which involves DMV discovery or DOR
issuance of subpoena (compelling testimony) or subpoena duces tecum
(compelling testimony & production of documents or evidence).
Delay in retaining attorney may prejudice the defense. Whether the
underlying basis is alcohol related or not, time is critical in DOR hearings
regarding suspension, revocation or denial of Colorado driving
privileges. |
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DOR
hearing fee Estimate Caveats.
If
collateral attack is required, the
attorney would need to know more about the number and locations of
underlying court cases to be attacked before offering a DOR hearing
fee.
Legal research and research time
would increase the estimates. |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
if
fees and costs are not paid as agreed, representation is
withdrawn |
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MAJOR
CREDIT CARDS ACCEPTED |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your case and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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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.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or criminal case, 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. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
traffic or criminal case. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, meritorious issues
& rulings. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client.
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This
includes plea to
domestic
violence or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
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ATTORNEY
TRADE AREA
LIMITED TO LOCAL
COURTS
Colorado is a big state.
Due to the minor nature of this issue,
it is not economically justifiable for a client to pay
travel
time, mileage and expense.
Attorney limits representation in these issues to local
courts. |
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COUNTIES |
CITIES / TOWNS
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COURTS |
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| Colorado Springs,
Colorado |
Fountain,
Colorado |
| Manitou
Springs, Colorado |
Calhan,
Colorado |
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Palmer Lake, Colorado
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STATE COURTS.
Please review
traffic infractions vs
traffic offenses.
All stop sign, school bus stop arm & red light charges are
traffic infractions. No prosecutor is
involved, plea negotiations are not available and legal
counsel's only recourse to achieve relief is trial on the
merits to a magistrate. |
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Plea negotiations
are available in most Municipal Courts. |
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| please
feel free to call or email if you are a client or are seeking representation |
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FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


|
stop light, red Light, stop sign, school bus stop, traffic control signal, police officer, peace officer, vehicle,
felony, misdemeanor, traffic, ticket, traffic ticket, traffic offense, traffic infraction, traffic defense,
criminal defense, Colorado Springs, El Paso County,
Colorado, Colorado Springs Municipal Court, court, lawyer, attorney
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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |

Copyright © 2005 - All Rights Reserved - Document
Revised: October 01, 2009
no copyright claimed to merchant logo, software logo, traffic signal or signage,
school bus, flag, envelope or drawing images
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