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42-4-1701. Traffic offenses and infractions classified - penalties - penalty and surcharge schedule - repeal.

Statute text

(1) It is a traffic infraction for any person to violate any of the provisions of articles 1 to 3 of this title and parts 1 to 3 and 5 to 19 of this article unless such violation is, by articles 1 to 3 of this title and parts 1 to 3 and 5 to 19 of this article or by any other law of this state, declared to be a felony, misdemeanor, petty offense, or misdemeanor traffic offense. Such a traffic infraction shall constitute a civil matter.

(2) (a) For the purposes of this part 17, "judge" shall include any county court magistrate who hears traffic infraction matters, but no person charged with a traffic violation other than a traffic infraction or class 2 misdemeanor traffic offense shall be taken before a county court magistrate.

(b) For the purposes of this part 17, "magistrate" shall include any county court judge who is acting as a county court magistrate in traffic infraction and class 2 misdemeanor traffic offense matters.

(3) (a) (I) Except as provided in subsections (4) and (5) of this section or the section creating the infraction, traffic infractions are divided into two classes which shall be subject to the following penalties which are authorized upon entry of judgment against the defendant:

 

Class Minimum Maximum
Penalty Penalty
A $15 penalty $100 penalty
B $15 penalty $100 penalty

(II) (A) Except as otherwise provided in sub-subparagraph (B) of this subparagraph (II), subsections (4) and (5) of this section, and sections 42-4-1301.3, 42-4-1301.4, and 42-4-1307, or the section creating the offense, misdemeanor traffic offenses are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction:

 

Class Minimum Maximum
Sentence Sentence
1 Ten days imprisonment, One year imprisonment,
or $300 fine, or both or $1,000 fine, or both
2 Ten days imprisonment, Ninety days imprisonment,
or $150 fine, or both or $300 fine, or both

(B) Any person convicted of a class 1 or class 2 misdemeanor traffic offense shall be required to pay restitution as required by article 18.5 of title 16, C.R.S., and may be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence provided by sub-subparagraph (A) of this subparagraph (II), subject to the conditions and restrictions of section 18-1.3-507, C.R.S.

(b) Any traffic infraction or misdemeanor traffic offense defined by law outside of articles 1 to 4 of this title shall be punishable as provided in the statute defining it or as otherwise provided by law.

(c) The department has no authority to assess any points under section 42-2-127 upon entry of judgment for any class B traffic infractions.

(4) (a) (I) Except as provided in subsection (5)(c) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of this title 42 to which subsection (5)(a) or (5)(b) of this section applies shall be fined or penalized and have a surcharge levied in accordance with sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), in accordance with the penalty and surcharge schedule set forth in subsections (4)(a)(I)(A) to (4)(a)(I)(P) of this section; or, if no penalty or surcharge is specified in the schedule, the penalty for class A and class B traffic infractions is fifteen dollars, and the surcharge is four dollars. These penalties and surcharges apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by subsection (5)(a) of this section, is found guilty by a court of competent jurisdiction, or has judgment entered against the defendant by a county court magistrate. Penalties and surcharges for violating specific sections are as follows:

 

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(II) (A) A person convicted of violating section 42-4-507 or 42-4-508 shall be fined pursuant to this sub-subparagraph (A), whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction. A person who violates section 42-4-507 or 42-4-508 shall be punished by the following fine plus a surcharge of sixteen percent of the fine:

 

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(B) The state, county, city, or city and county issuing a citation that results in the assessment of the penalties in sub-subparagraph (A) of this subparagraph (II) may retain and distribute the following amount of the penalty according to the law of the jurisdiction that assesses the penalty, but the remainder of the penalty shall be transmitted to the state treasurer, who shall credit the moneys to the commercial vehicle enterprise tax fund created in section 42-1-225:

 

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(III) Any person convicted of violating any of the rules promulgated pursuant to section 42-4-510, except section 42-4-510 (2)(b)(IV), shall be fined as follows, whether the violator acknowledges the violator's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction:

(A) Except as provided in sub-subparagraph (D) of this subparagraph (III), any person who violates the maximum permitted weight on an axle or on gross weight shall be punished by the following fine plus a surcharge of sixteen percent of the fine:

 

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(B) Any person who violates any of the requirements of the rules and regulations pertaining to transport permits for the movement of overweight or oversize vehicles or loads, other than those violations specified in sub-subparagraph (A) or (C) of this subparagraph (III), shall be punished by a fine of fifty dollars.

(C) Any person who fails to have an escort vehicle when such vehicle is required by the rules and regulations pertaining to transport permits for the movement of overweight or oversize vehicles or loads or who fails to reduce speed when such speed reduction is required by said rules and regulations shall be punished by a fine of two hundred fifty dollars.

(D) The fines for a person who violates the maximum permitted weight on an axle or on gross weight under a permit issued pursuant to section 42-4-510 (1)(b)(II) shall be doubled.

(IV) (A) Any person convicted of violating section 42-3-114 who has not been convicted of a violation of section 42-3-114 in the twelve months preceding such conviction shall be fined as follows, whether the defendant acknowledges the defendant's guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction:

 

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(B) Any person convicted of violating section 42-3-114 who has been convicted of violating said section within the twelve months preceding such conviction shall be fined pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section.

(V) Any person convicted of violating section 42-20-204 (2) shall be fined twenty-five dollars, whether the violator acknowledges guilt pursuant to the procedure set forth in paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction.

(VI) (A) Except as provided in paragraph (c) of subsection (5) of this section, every person who is convicted of, who admits liability for, or against whom a judgment is entered for a violation of any provision of this title to which the provisions of paragraph (a) or (b) of subsection (5) of this section apply, shall, in addition to any other fine or penalty or surcharge, be assessed a surcharge of one dollar, which amount shall be transmitted to the state treasurer for deposit in the family-friendly court program cash fund created in section 13-3-113 (6), C.R.S. This surcharge shall apply whether the defendant acknowledges the defendant's guilt or liability in accordance with the procedure set forth by paragraph (a) of subsection (5) of this section or is found guilty by a court of competent jurisdiction or has judgment entered against the defendant by a county court magistrate.

(B) Repealed.

(VII) The penalties and surcharges for a second or subsequent violation of section 42-20-109 (2) within twelve months shall be doubled.

(VIII) [Editor's note: This version of the introductory portion to subparagraph (VIII) is effective until January 1, 2019.] A person who violates section 42-3-204 (7)(f)(II) or section 42-4-1208 (3)(a) or (4) commits a misdemeanor and, upon conviction, shall be punished by a surcharge of thirty-two dollars under sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), C.R.S., and:

(VIII) [Editor's note: This version of the introductory portion subparagraph (VIII) is effective January 1, 2019.] A person who violates section 42-3-204 (7)(f)(II) or section 42-4-1208 (3)(a), (3)(a.5), or (4) commits a misdemeanor and, upon conviction, shall be punished by a surcharge of thirty-two dollars under sections 24-4.1-119 (1)(f) and 24-4.2-104 (1)(b)(I), and:

(A) A fine of not less than three hundred fifty dollars but not more than one thousand dollars for the first offense;

(B) A fine of not less than six hundred dollars but not more than one thousand dollars for a second offense; and

(C) A fine of not less than one thousand dollars but not more than five thousand dollars, in addition to not more than ten hours of community service, for a third or subsequent offense.

(IX) A person who violates section 42-4-1208 (3) by parking a vehicle owned by a commercial carrier is guilty of a misdemeanor and, upon conviction, shall be punished by the surcharge and a fine of up to twice the penalty imposed in subparagraph (VIII) of this paragraph (a).

(X) (A) A person who violates section 42-4-1208 (5) of this section is guilty of a class 1 misdemeanor and, upon conviction, shall be punished as provided in section 18-1.3-501, C.R.S.

(B) A person who willfully receives remuneration for violating section 42-4-1208 (5) is guilty of a class 1 misdemeanor and, upon conviction, shall be punished by twice the civil and criminal penalties that would be imposed under section 18-1.3-501, C.R.S.

(b) (I) The schedule in subparagraph (I) of paragraph (a) of this subsection (4) shall not apply when the provisions of paragraph (c) of subsection (5) of this section prohibit the issuance of a penalty assessment notice for a violation of the aforesaid traffic violation.

(II) The schedules in subparagraphs (II) and (III) of paragraph (a) of this subsection (4) shall apply whether the violator is issued a penalty assessment notice or a summons and complaint.

(c) (I) The penalties and surcharges imposed for speeding violations under subsection (4)(a)(I)(L) of this section shall be doubled if a speeding violation occurs within a maintenance, repair, or construction zone that is designated by the department of transportation pursuant to section 42-4-614 (1)(a); except that the penalty for violating section 42-4-1101 (1) or (8)(b) by twenty to twenty-four miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy-five miles per hour shall be five hundred forty dollars.

(II) (A) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone that is designated by the department of transportation pursuant to section 42-4-614 (1)(a); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 shall not be doubled under this subparagraph (II).

(B) There is hereby created, within the highway users tax fund, the highway construction workers' safety account.

(C) If a fine is doubled under subparagraph (I) or (II) of this paragraph (c), one-half of the fine allocated to the state by sections 42-1-217 and 43-4-205, C.R.S., shall be transferred to the state treasurer, who shall deposit it in the highway construction workers' safety account within the highway users tax fund to be continuously appropriated to the department of transportation for work zone safety equipment, signs, and law enforcement.

(D) This subparagraph (II) is effective July 1, 2006.

(III) The penalties and surcharges imposed for speeding violations under sub-subparagraph (L) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a speeding violation occurs within a maintenance, repair, or construction zone that is designated by a public entity pursuant to section 42-4-614 (1)(b).

(IV) The penalties and surcharges imposed for violations under sub-subparagraphs (C), (G), (H), (I), (J), (K), (N), and (O) of subparagraph (I) of paragraph (a) of this subsection (4) shall be doubled if a violation occurs within a maintenance, repair, or construction zone that is designated by a public entity pursuant to section 42-4-614 (1)(b); except that the fines for violating sections 42-4-314, 42-4-610, 42-4-613, 42-4-706, 42-4-707, 42-4-708, 42-4-709, 42-4-710, 42-4-1011, 42-4-1012, 42-4-1404, 42-4-1408, and 42-4-1414 shall not be doubled under this subparagraph (IV).

(d) The penalty and surcharge imposed for any moving traffic violation under subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs within a school zone pursuant to section 42-4-615.

(d.5) (I) The penalty and surcharge imposed for any moving traffic violation under subparagraph (I) of paragraph (a) of this subsection (4) are doubled if the violation occurs within a wildlife crossing zone pursuant to section 42-4-616.

(II) (A) There is hereby created, within the highway users tax fund, the wildlife crossing zones safety account.

(B) If a penalty and surcharge are doubled pursuant to subparagraph (I) of this paragraph (d.5), one-half of the penalty and surcharge allocated to the state by sections 42-1-217 and 43-4-205, C.R.S., shall be transferred to the state treasurer, who shall deposit the moneys in the wildlife crossing zones safety account within the highway users tax fund to be continuously appropriated to the department of transportation for wildlife crossing zones signs and law enforcement.

(e) (I) An additional fifteen dollars shall be assessed for speeding violations under sub-subparagraph (L) of subparagraph (I) of paragraph (a) of this subsection (4) in addition to the penalties and surcharge stated in said sub-subparagraph (L). Moneys collected pursuant to this paragraph (e) shall be transmitted to the state treasurer who shall deposit such moneys in the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in part 3 of article 1 of title 26.

(II) If the surcharge is collected by a county or municipal court, the surcharge shall be seventeen dollars of which two dollars shall be retained by the county or municipality and the remaining fifteen dollars shall be transmitted to the state treasurer and credited to the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in part 3 of article 1 of title 26.

(III) An additional fifteen dollars shall be assessed for a violation of a traffic regulation under sub-subparagraph (C) of subparagraph (I) of paragraph (a) of this subsection (4) for a violation of section 42-4-109 (13)(b), in addition to the penalties stated in said sub-subparagraph (C). An additional fifteen dollars shall be assessed for a motorcycle violation under sub-subparagraph (O) of subparagraph (I) of paragraph (a) of this subsection (4) for a violation of section 42-4-1502 (4.5), in addition to the penalties stated in said sub-subparagraph (O). Moneys collected pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall deposit the moneys in the Colorado traumatic brain injury trust fund created pursuant to section 26-1-309, C.R.S., to be used for the purposes set forth in part 3 of article 1 of title 26.

(f) (I) In addition to the surcharge specified in sub-subparagraph (N) of subparagraph (I) of paragraph (a) of this subsection (4), the court shall assess a surcharge of five dollars for a violation of section 42-4-1301 (2)(d). Moneys collected pursuant to this paragraph (f) must be transmitted to the state treasurer who shall deposit such moneys in the rural alcohol and substance abuse cash fund created in section 27-80-117 (3), C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117, C.R.S.

(II) If the additional surcharge is collected by a county court, the additional surcharge shall be six dollars of which one dollar shall be retained by the county and the remaining five dollars shall be transmitted to the state treasurer and credited to the rural alcohol and substance abuse cash fund created in section 27-80-117 (3), C.R.S., within fourteen days after the end of each quarter, to be used for the purposes set forth in section 27-80-117, C.R.S.

(III) This paragraph (f) is repealed, effective September 1, 2025, unless the general assembly extends the repeal of the rural alcohol and substance abuse prevention and treatment program created in section 27-80-117.

(5) (a) (I) At the time that any person is arrested for the commission of any misdemeanors, petty offenses, or misdemeanor traffic offenses set forth in subsection (4) of this section, the arresting officer may, except when the provisions of paragraph (c) of this subsection (5) prohibit it, offer to give a penalty assessment notice to the defendant. At any time that a person is charged with the commission of any traffic infraction, the peace officer shall, except when the provisions of paragraph (c) of this subsection (5) prohibit it, give a penalty assessment notice to the defendant. Such penalty assessment notice shall contain all the information required by section 42-4-1707 (3) or by section 42-4-1709, whichever is applicable. The fine or penalty specified in subsection (4) of this section for the violation charged and the surcharge thereon may be paid at the office of the department of revenue, either in person or by postmarking such payment within twenty days from the date the penalty assessment notice is served upon the defendant; except that the fine or penalty charged and the surcharge thereon shall be paid to the county if it relates to a traffic offense authorized by county ordinance. The department of revenue shall accept late payment of any penalty assessment up to twenty days after such payment becomes due. Except as otherwise provided in subparagraph (II) of this paragraph (a), in the case of an offense other than a traffic infraction, a defendant who otherwise would be eligible to be issued a penalty assessment notice but who does not furnish satisfactory evidence of identity or who the officer has reasonable and probable grounds to believe will disregard the summons portion of such notice may be issued a penalty assessment notice if the defendant consents to be taken by the officer to the nearest mailbox and to mail the amount of the fine or penalty and surcharge thereon to the department. The peace officer shall advise the person arrested or cited of the points to be assessed in accordance with section 42-2-127. Except as otherwise provided in section 42-4-1710 (1)(b), acceptance of a penalty assessment notice and payment of the prescribed fine or penalty and surcharge thereon to the department shall be deemed a complete satisfaction for the violation, and the defendant shall be given a receipt which so states when such fine or penalty and surcharge thereon is paid in currency or other form of legal tender. Checks tendered by the defendant to and accepted by the department and on which payment is received by the department shall be deemed sufficient receipt.

(II) In the case of an offense other than a traffic infraction that involves a minor under the age of eighteen years, the officer shall proceed in accordance with the provisions of section 42-4-1706 (2) or 42-4-1707 (1)(b) or (3)(a.5). In no case may an officer issue a penalty assessment notice to a minor under the age of eighteen years and require or offer that the minor consent to be taken by the officer to the nearest mailbox to mail the amount of the fine or penalty and surcharge thereon to the department.

(b) In the case of an offense other than a traffic infraction, should the defendant refuse to accept service of the penalty assessment notice when such notice is tendered, the peace officer shall proceed in accordance with section 42-4-1705 or 42-4-1707. Should the defendant charged with an offense other than a traffic infraction accept service of the penalty assessment notice but fail to post the prescribed penalty and surcharge thereon within twenty days thereafter, the notice shall be construed to be a summons and complaint unless payment for such penalty assessment has been accepted by the department of revenue as evidenced by receipt. Should the defendant charged with a traffic infraction accept the notice but fail to post the prescribed penalty and surcharge thereon within twenty days thereafter, and should the department of revenue not accept payment for such penalty and surcharge as evidenced by receipt, the defendant shall be allowed to pay such penalty and surcharge thereon and the docket fee in the amount set forth in section 42-4-1710 (4) to the clerk of the court referred to in the summons portion of the penalty assessment notice during the two business days prior to the time for appearance as specified in the notice. If the penalty for a misdemeanor, misdemeanor traffic offense, or a petty offense and surcharge thereon is not timely paid, the case shall thereafter be heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the same manner as is provided by law for prosecutions of the misdemeanors not specified in subsection (4) of this section. If the penalty for a traffic infraction and surcharge thereon is not timely paid, the case shall thereafter be heard in the court of competent jurisdiction prescribed on the penalty assessment notice in the manner provided for in this article for the prosecution of traffic infractions. In either case, the maximum penalty that may be imposed shall not exceed the penalty set forth in the applicable penalty and surcharge schedule in subsection (4) of this section.

(b.5) The provisions of section 42-4-1710 (1)(b) shall govern any case described in paragraph (b) of this subsection (5) in which a minor under the age of eighteen years submits timely payment for an infraction or offense in a penalty assessment notice but such payment is not accompanied by the penalty assessment notice signed and notarized in the manner required by section 42-4-1707 (3)(a.5) or 42-4-1709 (1.5).

(c) (I) The penalty and surcharge schedules of subsection (4) of this section and the penalty assessment notice provisions of paragraphs (a) and (b) of this subsection (5) shall not apply to violations constituting misdemeanors, petty offenses, or misdemeanor traffic offenses not specified in said subsection (4) of this section, nor shall they apply to the violations constituting misdemeanors, petty offenses, misdemeanor traffic offenses, or traffic infractions specified in said subsection (4) of this section when it appears that:

(A) (Deleted by amendment, L. 96, p. 580, 4, effective May 25, 1996.)

(B) In a violation of section 42-4-1101 (1) or (8)(b), the defendant exceeded the reasonable and prudent speed or the maximum lawful speed of seventy-five miles per hour by more than twenty-four miles per hour;

(C) The alleged violation has caused, or contributed to the cause of, an accident resulting in appreciable damage to property of another or in injury or death to any person;

(D) The defendant has, in the course of the same transaction, violated one of the provisions of this title specified in the penalty and surcharge schedules in subsection (4) of this section and has also violated one or more provisions of this title not so specified, and the peace officer charges such defendant with two or more violations, any one of which is not specified in the penalty and surcharge schedules in subsection (4) of this section.

(II) In all cases where this paragraph (c) prohibits the issuance of a penalty assessment notice, the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a) of subsection (4) of this section shall be inapplicable; except that the penalty and surcharge provided in the schedule contained in sub-subparagraph (B) of subparagraph (I) of paragraph (a) of subsection (4) of this section for any violation of section 42-3-121 (1)(a) shall always apply to such a violation. In all cases where the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a) of subsection (4) of this section is inapplicable, the provisions of subsection (3) of this section shall apply.

(d) In addition to any other cases governed by this section, the penalty and surcharge schedule contained in subparagraph (I) of paragraph (a) of subsection (4) of this section shall apply in the following cases:

(I) In all cases in which a peace officer was authorized by the provisions of this subsection (5) to offer a penalty assessment notice for the commission of a misdemeanor, petty offense, or misdemeanor traffic offense but such peace officer chose not to offer such penalty assessment notice;

(II) In all cases involving the commission of a misdemeanor, petty offense, or misdemeanor traffic offense in which a penalty assessment notice was offered by a peace officer but such penalty assessment notice was refused by the defendant.

(6) An officer coming upon an unattended vehicle that is in apparent violation of any provision of the state motor vehicle law may place upon the vehicle a penalty assessment notice indicating the offense or infraction and directing the owner or operator of the vehicle to remit the penalty assessment provided for by subsection (4) of this section and the surcharges thereon pursuant to sections 24-4.1-119 (1)(f) and 24-4.2-104 (1), C.R.S., to the Colorado department of revenue within ten days. If the penalty assessment and surcharge thereon is not paid within ten days of the issuance of the notice, the department shall mail a notice to the registered owner of the vehicle, setting forth the offense or infraction and the time and place where it occurred and directing the payment of the penalty assessment and surcharge thereon within twenty days from the issuance of the notice. If the penalty assessment and surcharge thereon is not paid within the twenty days from the date of mailing of such notice, the department shall request the police officer who issued the original penalty assessment notice to file a complaint with a court having jurisdiction and issue and serve upon the registered owner of the vehicle a summons to appear in court at a time and place specified therein as in the case of other offenses or infractions.

(7) Notwithstanding the provisions of paragraph (b) of subsection (5) of this section, receipt of payment by mail by the department or postmarking such payment on or prior to the twentieth day after the receipt of the penalty assessment notice by the defendant shall be deemed to constitute receipt on or before the date the payment was due.

(8) The surcharges described in subsections (4) to (6) of this section are separate and distinct from a surcharge levied pursuant to section 24-33.5-415.6, C.R.S.

History

Source: L. 94: Entire title amended with relocations, p. 2406, 1, effective January 1, 1995; (3)(a)(I), (4)(a)(I), and (4)(a)(IV)(A) amended, p. 683, 1, effective January 1, 1995. L. 95: (1), (4)(a)(I)(A), (4)(a)(I)(D), and (4)(a)(I)(M) amended, p. 958, 18, effective May 25. L. 96: (4)(a)(I)(F) amended, p. 278, 2, effective April 11; (4)(a)(I)(F) amended, p. 385, 2, effective April 17; (4)(a)(I)(I) amended, p. 565, 30, effective April 24; (5)(a) and (6) amended, p. 638, 4, effective May 1; (4)(a)(I)(L), (5)(c)(I)(A), and (5)(c)(I)(B) amended, p. 580, 4, effective May 25; (4)(a)(I)(D) amended, p. 959, 6, effective July 1; (4)(a)(I)(K) amended, p. 1358, 6, effective July 1. L. 97: (4)(a)(I)(N) amended, p. 1468, 14, effective July 1; (4)(c) added, p. 1386, 6, effective July 1; (4)(a)(I)(G) amended, p. 498, 3, effective August 6; (4)(a)(I)(B) amended, p. 1074, 6, effective January 1, 1998. L. 98: (4)(a)(I)(B) amended, p. 1019, 4, effective May 27; (4)(d) added, p. 589, 2, effective July 1; (4)(a)(I)(K) amended, p. 1206, 2, effective August 5. L. 99: (4)(a)(I)(N) amended, p. 666, 3, effective May 18; (4)(a)(I)(A) amended, p. 1381, 6, effective July 1; (4)(a)(I)(M) amended, p. 712, 4, effective July 1; (4)(a)(I)(B) amended, p. 631, 48, effective August 4; (5)(a) amended, p. 368, 5, effective August 4. L. 2000: (5)(a), (5)(b), and (6) amended, p. 1643, 31, effective June 1; (4)(a)(I)(D) amended, p. 1100, 2, effective August 2; (3)(a)(II)(B) amended, p. 1051, 22, effective September 1. L. 2002: IP(3)(a)(II)(A) amended, p. 1923, 21, effective July 1; (4)(a)(VI) added, p. 631, 3, effective July 1; (3)(a)(II)(B) amended, p. 1562, 370, effective October 1; (4)(e) added, p. 1610, 5, effective January 1, 2004. L. 2003: (4)(a)(I), (4)(a)(II), and (4)(a)(III)(A) amended, p. 1545, 8, effective May 1. L. 2004: (4)(a)(I)(N) amended, p. 241, 2, effective July 1; (5)(a) amended and (5)(b.5) added, p. 1331, 2, effective July 1, 2005. L. 2005: (4)(a)(VI)(B) repealed, p. 1004, 3, effective June 2; (4)(a)(I)(N) amended, p. 1188, 2, effective July 1; (4)(a)(I)(B), (4)(a)(IV), and (5)(c)(II) amended, p. 1177, 19, effective August 8; (4)(a)(I)(D) amended, p. 268, 3, effective August 8; (4)(c) amended, p. 1221, 3, effective August 8. L. 2006: (4)(a)(I)(G) amended, p. 1712, 2, effective June 6; (4)(a)(I)(A) amended, p. 439, 4, effective July 1; (4)(a)(I)(N) amended and (4)(a)(VII) added, p. 1064, 4, effective July 1; (4)(a)(I)(A) amended, p. 1370 10, effective January 1, 2007. L. 2007: (4)(a)(I), (4)(a)(II), (4)(a)(III)(A), (4)(a)(IV)(A), and (6) amended, p. 1114, 5, effective July 1; (4)(a)(I)(C) and (4)(a)(I)(O) amended and (4)(e)(III) added, pp. 1481, 1482, 3, 4, effective July 1; (4)(a)(I)(F) amended, p. 1333, 3, effective August 3. L. 2008: IP(4)(a)(III) and (4)(a)(III)(A) amended and (4)(a)(III)(D) added, p. 2094, 3, effective June 3; (4)(c) amended, p. 2079, 3, effective June 3; (3)(a)(II)(A) amended, p. 252, 20, effective July 1; (3)(a)(II)(A), (4)(a)(I)(A), (4)(a)(I)(C), (4)(a)(I)(D) and (4)(a)(I)(G) to (4)(a)(I)(O) amended, p. 2087, 5, effective July 1. L. 2009: (8) added, (SB 09-241), ch. 295, p. 1579, 6, effective July 1; (4)(e) amended, (SB 09-133), ch. 392, p. 2120, 3, effective August 5; (4)(a)(I)(L) amended, (HB 09-1026), ch. 281, p. 1283, 64, effective October 1; (4)(a)(I)(P) amended, (HB 09-1094), ch. 375, p. 2045, 2, effective December 1; (4)(f) added, (HB 09-1119), ch. 397, p. 2146, 4, effective January 1, 2010. L. 2010: (4)(f) amended, (SB 10-175), ch. 188, p. 809, 88, effective April 29; (4)(a)(II) amended, (HB 10-1285), ch. 423, p. 2188, 3, effective July 1; (4)(d.5) added, (HB 10-1238), ch. 393, p. 1869, 3, effective September 1; (3)(a)(I), (3)(a)(II)(A), IP(4)(a)(I), and (4)(a)(I)(M) amended, (HB 10-1019), ch. 400, pp. 1931, 1930, 8, 5, effective January 1, 2011. L. 2011: (3)(a)(II)(A) amended, (HB 11-1268), ch. 267, p. 1220, 4, effective June 2; IP(3)(a)(II)(A) amended, (HB 11-1303), ch. 264, p. 1183, 113, effective August 10. L. 2012: (4)(a)(I)(N) amended, (SB 12-044), ch. 274, p. 1447, 2, effective June 8. L. 2014: (4)(a)(I)(N) amended, (HB 14-1363), ch. 302, p. 1276, 48, effective May 31; IP(4)(a)(I) and (4)(a)(I)(M) amended and (4)(a)(VIII), (4)(a)(IX), and (4)(a)(X) added, (HB 14-1029), ch. 252, p. 1005, 5, effective July 1; IP(4)(a)(I) and (4)(a)(I)(F) amended, (HB 14-1021), ch. 188, p. 703, 2, effective August 6. L. 2015: (4)(a)(I)(N) and (4)(f)(I) amended, (HB 15-1043), ch. 262, p. 997, 7, effective August 5; (4)(a)(X)(B) amended, (SB 15-264), ch. 259, p. 969, 96, effective August 5. L. 2016: (4)(a)(II)(A) and (4)(a)(III)(A) amended, (SB 16-030), ch. 298, p. 1210, 1, effective August 10. L. 2017: IP(4)(a)(I), (4)(a)(I)(N), and (4)(f)(III) amended, (SB 17-294), ch. 264, p. 1415, 112, effective May 25; IP(4)(a)(I) and (4)(a)(I)(P) amended, (SB 17-027), ch. 279, p. 1524, 3, effective June 1; IP(4)(a)(I) and (4)(a)(I)(N) amended, (SB 17-278), ch. 323, p. 1743, 2, effective June 5; (4)(e) amended, (SB 17-234), ch. 154, p. 525, 20, effective August 9. L. 2018: IP(4)(a)(VIII) amended, (HB 18-1285), ch. 265, p. 1630, 5, effective January 1, 2019.

Annotations

Editor's note: (1) This section is similar to former 42-4-1501 as it existed prior to 1994.

(2) Subsections (3)(a)(I), (4)(a)(I), and (4)(a)(IV)(A) were originally numbered as 42-4-1501 (2)(a)(I), (3)(a)(I.1), and (3)(a)(IV)(A), and the amendments to them in Senate Bill 94-017 were harmonized with Senate Bill 94-001.

(3) Amendments to subsection (4)(a)(I)(F) by Senate Bill 96-084 and House Bill 96-1055 were harmonized.

(4) Amendments to subsection (4)(a)(I)(A) by House Bill 06-1171 and House Bill 06-1162 were harmonized.

(5) Amendments to subsection (4)(a)(I) by Senate Bill 07-055, House Bill 07-1117, and House Bill 07-1229 were harmonized.

(6) Amendments to subsection (3)(a)(II)(A) by House Bill 08-1010 and House Bill 08-1166 were harmonized.

(7) Amendments to subsection IP(4)(a)(I) by HB 14-1021 and HB 14-1363 were harmonized.

(8) Amendments to subsection IP(4)(a)(I) by SB 17-027, SB 17-278, and SB 17-294 were harmonized.

(9) Amendments to subsection (4)(a)(I)(N) by SB 17-278 and SB 17-294 were harmonized.

(10) In subsection (4)(a)(I)(M), changed "42-4-1208 (9), (15), or (16)" to "42-4-1208 (3)(b), (3)(c), and (3)(d)" to accurately reflect the changes adopted in HB 14-1029 that were inadvertently misprinted in the 2015 and 2016 Colorado Revised Statutes. (See L. 2014, p. 1005.)

(11) Section 7 of chapter 265 (HB 18-1285), Session Laws of Colorado 2018, provides that the act changing this section applies to conduct occurring on or after January 1, 2019.

Annotations

Cross references: (1) For community or useful public service for persons convicted of misdemeanors, see 18-1.3-507; for community service for juvenile offenders, see 19-2-308; for useful public service for persons convicted of alcohol- or drug-related traffic offenses, see 42-4-1301 and 42-4-1301.4; for surcharges levied on criminal actions and traffic offenses, see 24-4.2-104.

(2) For the legislative declaration contained in the 1999 act amending subsection (4)(a)(I)(A), see section 1 of chapter 334, Session Laws of Colorado 1999. For the legislative declaration contained in the 2002 act amending subsection (3)(a)(II)(B), see section 1 of chapter 318, Session Laws of Colorado 2002.

(3) In 2005, subsection (4)(c) was amended by the "Lopez-Forrester Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 276, Session Laws of Colorado 2005.

(4) For the short title ("Charles Mather Highway Safety Act") in HB 08-1036, see section 1 of chapter 412, Session Laws of Colorado 2008. For the short title ("The Chris Hinds Act") in HB 18-1285, see section 1 of chapter 265, Session Laws of Colorado 2018.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 42-4-1701 is similar to 42-4-1501 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.

The simplified procedures of the penalty assessment statute do not impermissibly offend the due process clauses of either the constitution of the state or the constitution of the United States. Since the penalty assessment statute does not deprive an offender accused of a traffic violation of his right to a trial, on the contrary, the statute not only expressly preserves the accused's right to a trial but also affords him an alternative procedure which he may accept or reject, and therefore the statute does not violate any constitutional rights. Cave v. Colo. Dept. of Rev., 31 Colo. App. 185, 501 P.2d 479 (1972).

Section 42-2-123 and this section give a licensee notice of the ramifications of his failure to appear and the forfeiture of his bond for traffic violation charge and due process requirements are satisfied. Lopez v. Motor Vehicle Div., 189 Colo. 133, 538 P.2d 446 (1975).

Due process standard for using penalty assessment as conviction. Through the provisions of 42-2-121 (3), the general assembly has mandated a minimum standard of due process which must be followed before payment of a penalty assessment under this section may be used as a conviction for purposes of suspension or revocation of a driver's license pursuant to 42-2-123 (1)(a). Stortz v. Colo. Dept. of Rev., 195 Colo. 325, 578 P.2d 229 (1978).

Speeding classifications constitutional. Decision to treat higher rates of speeding as more serious making them criminal acts is within legislature's discretion and does not create a suspect class or infringe on a fundamental right. Drawing a distinction based on speed is rationally related to legislative purpose of safety and fuel conservation. People v. Lewis, 745 P.2d 668 (Colo. 1987).

Traffic violations not decriminalized. The general assembly did not intend to decriminalize minor traffic violations by denominating them "misdemeanor traffic offenses" and prescribing a fine-only penalty scheme for certain grades of these offenses. City of Greenwood Vill. v. Fleming, 643 P.2d 511 (Colo. 1982) (decided prior to 1982 amendments).

Jurisdiction of county courts includes offenses reclassified as "misdemeanor traffic offenses" under this section. Phillips v. County Court, 42 Colo. App. 187, 591 P.2d 600 (1979).

When points not assessable. If a traffic violation does not appear on the summons, to be issued under the notice provisions of subsection (4)(a), and the offender is not advised by the arresting officer in reference to the points chargeable for the traffic violation, points cannot be assessed against him for that offense. Stortz v. Colo. Dept. of Rev., 195 Colo. 325, 578 P.2d 229 (1978).

Payment of ticket, and subsequent lack of protest, precludes challenge of conviction. Where a party pays a traffic ticket without a court judgment or a signed acknowledgment of guilt, but does not challenge the validity of the conviction and affirms the accuracy of his driving record at a departmental hearing, the party may not then challenge the conviction. Martinez v. Dolan, 41 Colo. App. 513, 591 P.2d 588 (1978).

Failure of penalty assessment to contain points for traffic violation in no way invalidates the penalty assessment, or a guilty plea entered thereon. Stortz v. Colo. Dept. of Rev., 195 Colo. 325, 578 P.2d 229 (1978).

Section furthers policy against custodial arrests. The modern policy against custodial arrests and favoring the issuance of citations and summonses is given effect by requiring the issuance of a penalty assessment notice or summons in ordinary traffic violations. People v. Clyne, 189 Colo. 412, 541 P.2d 71 (1975), overruled in People v. Meredith, 763 P.2d 562 (Colo. 1988).

Police have authority to make custodial arrest for driving without a license under this section and 42-2-101. People v. Meredith, 763 P.2d 562 (Colo. 1988) (overruling People v. Clyne, 189 Colo. 412, 541 P.2d 71 (1975) and People v. Stark, 682 P.2d 1240 (Colo. App. 1984)).

Presumption of correctness of records held insufficient for suspending driving privileges. Presumption of the correctness of department of revenue records indicating that a motorist charged with driving 41 miles per hour in a 30 mile per hour zone in a city had paid $15 to the municipal court clerk was insufficient for purposes of suspending the motorist's driving privileges where the evidence at the hearing established that there was neither a specific court judgment nor a signed acknowledgment of guilt as prescribed by subsection (4)(a) of this section and 42-4-1505 (2)(a). Troutman v. Dept. of Rev., 38 Colo. App. 417, 571 P.2d 726 (1976); Martinez v. Dolan, 41 Colo. App. 513, 591 P.2d 588 (1978).

Statute as basis for jurisdiction. See Harrington v. District Court, 192 Colo. 351, 559 P.2d 225 (1977).

Search of an automobile incident to an arrest for driving without a license under this section and 42-2-101 is lawful. People v. Meredith, 763 P.2d 562 (Colo. 1988).

Distinction between arrest and notice. Hart v. Herzig, 131 Colo. 458, 283 P.2d 177 (1955); People v. Griffith, 130 Colo. 475, 276 P.2d 559 (1954); Solt v. People, 130 Colo. 1, 272 P.2d 638 (1954).

Applied in Purcell v. Tomasi, 43 Colo. App. 540, 608 P.2d 844 (1980); Olinyk v. People, 642 P.2d 490 (Colo. 1982); People v. Mumaugh, 644 P.2d 299 (Colo. 1982); Corr v. District Court, 661 P.2d 668 (Colo. 1983).