42-4-1716. Notice to appear or pay fine - failure to appear - penalty - definition.

Statute text

(1) For the purposes of this part 17, tender by an arresting officer of the summons or penalty assessment notice shall constitute notice to the violator to appear in court at the time specified on such summons or to pay the required fine and surcharge thereon.

(2) A person commits a class 2 misdemeanor traffic offense if the person fails to appear to answer any offense other than a traffic infraction charged under this part 17.

(3) (Deleted by amendment, L. 2004, p. 1335, 9, effective July 1, 2005.)

(4) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), a person who is a parent or legal guardian of a minor under the age of eighteen years and who is required to appear in court with the minor pursuant to the provisions of this part 17 including but not limited to section 42-4-1706 (2)(b), 42-4-1707 (1)(b), or 42-4-1710 (1.5), shall appear in court at the location and on the date stated in the penalty assessment notice or in the summons and complaint or as instructed by the court.

(II) The provisions of subparagraph (I) of this paragraph (a) concerning the appearance of a parent or legal guardian shall not apply in a case where the minor under the age of eighteen years or the parent of the minor demonstrates to the court by clear and convincing evidence that the minor is an emancipated minor.

(III) For purposes of this subsection (4), "emancipated minor" means a minor under the age of eighteen years who has no legal guardian and whose parents have entirely surrendered the right to the care, custody, and earnings of the minor, no longer are under any duty to support or maintain the minor, and have made no provision for the support of the minor.

(b) Repealed.

History

Source: L. 94: Entire title amended with relocations, p. 2426, 1, effective January 1, 1995. L. 2004: (2) and (3) amended and (4) added, p. 1335, 9, effective July 1, 2005. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3316, 738, effective March 1, 2022; (4)(b)(II) added by revision, (SB 21-271), ch. 462, pp. 3316, 3331, 738, 803.

Annotations

Editor's note: (1) This section is similar to former 42-4-1511 as it existed prior to 1994.

(2) Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective March 1, 2022. (See L. 2021, pp. 3316, 3331.)

Annotations

Cross references: For penalties for class 2 misdemeanor traffic offenses, see 42-4-1701 (3)(a)(II).

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Review of New Legislation Relating to Criminal Law", see 11 Colo. Law. 2148 (1982).