This is an informational brochure about
traffic violations in Colorado. It does not
advise you about Colorado law. If you
want legal advice, you should talk to a
lawyer about your individual situation.
Your ticket will state the date and the time
when you are to be in court.
CAREFULLY
READ BOTH SIDES OF YOUR TICK-
ET! YOU WILL NOT RECEIVE AN-
OTHER NOTICE ABOUT YOUR
COURT DATE.
Your ticket will show
whether you are charged with a traffic in-
fraction or a traffic offense. For an infrac-
tion or an offense, if you fail (1) to pay the
fine to the Motor Vehicle Division of the
Department of Revenue (to Denver County
Court for Denver tickets) or (2) to appear in
court on the date stated on your ticket, you
will not be able to renew your driver’s li-
cense. You cannot get a driver’s license un-
less you pay all fines and costs.
If you miss your court date, call the clerk of
court’s office immediately, and make
arrangements to come to court. The court
may have issued a bench warrant for your
arrest or entered a judgment in your case
when you failed to appear on your court
date.
Tell the clerk of court’s office if your
address on the traffic ticket is not right or if
you have moved. If the court cannot reach
you by mail, the court may issue a warrant
ordering your arrest or enter a default judg-
ment against you.
Infractions
A traffic infraction is a violation of a law,
such as failing to use turn signals; the only
punishment is a fine and a surcharge (a
penalty in money). A traffic infraction is a
civil case, not a criminal case. On many
tickets, there is a box that the officer checks
to identify whether it is an infraction or an
offense.
You have two choices:
pay the penalty or
appear in court.
u
If you choose to pay the penalty
, you
must pay the amount shown on your tick-
et within 20 days to the Motor Vehicle
Division (to Denver County Court for
Denver tickets). If you mail the payment
to the Motor Vehicle Division (or
Denver County Court) after 20 days, the
payment will be returned to you with
instructions to contact the court. It is
still possible to pay without appearing,
but court costs will be added. By pay-
ing, you are pleading guilty, and you
give up your right to contest the ticket.
u
If you have not paid your ticket by the
appearance date on the ticket, you must
appear in court and (1) plead guilty and
pay costs or
(2) plead not guilty and set
your case for final hearing. The district
attorney may or may not speak with you
the first time you appear in court. The dis-
trict attorney is not required to be there
because this is a civil case. Also, it is
possible to enter a not guilty plea by mail
requesting the case be set for a trial,
requiring only one appearance. At the fi-
nal hearing, you are innocent until proven
guilty beyond a reasonable doubt.
There is no right to a jury trial in infraction
cases. You only have a right to a hearing
before a judge or magistrate. The officer
who issued the ticket must be present at the
final hearing. You have the right to call
your own witnesses at the final hearing to
tell your side of the story. If they will not
come on their own, the court can prepare a
legal paper (subpoena) requiring your wit-
nesses to come to your hearing. You can
either tell your side of the story (testify) or
stay silent. If you remain silent, this cannot
be used against you in your case.
Traffic Offenses
A traffic offense is a more serious traffic vi-
olation, such as reckless or careless driving.
A traffic offense is a criminal case; being
found guilty can mean going to jail and
paying a fine and costs. Carefully check
your ticket. You have 20 days to pay a fine
(penalty assessment) and plead guilty, or
you may be required to appear in court. If
you go to court and plead not guilty, you
will have an opportunity to speak with the
district attorney either at the time of your
arraignment (first appearance) or at a later
pre-trial conference. The pre-trial confer-
ence is when you can talk about your case
with a district attorney and discuss how to
settle the case.
Trial for Traffic Offenses
If you decide to have a trial, you can have
a jury trial or a trial without a jury (trial to
the court before a judge). At a trial, you
have the right to listen to and look at the
people who testify against you, and you can
ask them questions about what they saw.
You have the right to call your own wit-
nesses at the trial and to tell your side of the
story. If your witnesses will not come on
their own, the court can prepare a legal
paper (subpoena) that requires them to
come to your trial. You can either tell your
side of the story (testify) or stay silent. If
you stay silent, this cannot be used against
you in your case.
Speedy Trial
You have the right to a speedy trial for an
infraction or an offense. This means that
your trial must be held within six months
from the date of your not guilty plea for an
offense.
Common Questions
How does the ticket affect points on my
driver’s license?
The number of points assigned to the viola-
tion is established by the Colorado legisla-
ture. It goes on your record if you plead
guilty or are found guilty. If you are con-
victed, the court cannot do anything to keep
points off your record.
Do you have to have a lawyer when you
go to court?
No. At your first appearance, you will be
advised of your rights and given the oppor-
tunity to plead guilty or not guilty. At your
first appearance, you are advised of the
charges and the possible penalties. If you
find out the charges are more serious than
you thought, you can tell the court that you
want a new court date so you can get an
attorney.
If I am under the age of 18, do I have to
bring a parent or legal guardian to traf-
fic court?
It is not required by law, but some courts
have a policy that requires your parents to
accompany you. Check with your local
court.
Can I request a jury trial in traffic
court?
You cannot have a jury trial if you are
charged with an infraction. If you are
charged with a traffic offense, you may re-
quest a jury trial.
Answers
To Your Questions
About
Excellence
In
Customer Service
Colorado Judicial Branch
http://www.courts.state.co.us
November 2003
County Court
Traffic Violations
This brochure is published as a cus-
tomer service by the Colorado Judi-
cial Branch. For more information,
call the clerk’s office at your local
county court.
