perhaps I will become your attorney
Address  *  Maps  *  Directions
 

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.

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) 

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) 

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.

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) 

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) 

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) 

1. 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

2. Lack of reasonable suspicion for initial attempted contact by the law enforcement officer

3. Lack of probable cause for warrantless arrest or seizure of the defendant's person

4. Color of authority - peace officer acting within course & scope of his or her employment.  

5. Unlawful extra-jurisdictional arrest

6. Defendant's admissions the result of undue influence, duress and coercion - due process violation

7. Defendant's admissions taken in violation of
           5th Amendment privilege against self incrimination
           6th Amendment right to legal counsel

8. Alleged offense did not occur on public roadway or highway? - yes, the defense works in red light & stop sign cases

9. Driving
           A third person, not defendant, was driving a motor vehicle

10. 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.  

11. 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.

    VELOCITY AND SPEED
    CONVERSION - SPEED TO VELOCITY	CONVERSION - VELOCITY TO SPEED

12. Rocking motion of defendant's vehicle indicating cessation of forward movement - right turn on red & stop sign.

13. 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?

14. 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.

15. Reasonable doubt - state proof beyond a reasonable doubt

16. 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.

Hit and Run

DUI, DEAC or DWAI

DUR or DARP

MAJOR SEARCH ENGINES

 
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
 

Serving Colorado Springs Area Zip Codes