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Traffic Offenses

Traffic Lights

Traffic offenses are typically punished by a fine and points on your license.  However, more serious traffic offenses, like DUI or vehicular assault, can be punished by jail.  Most traffic offenses are divided into traffic infractions and traffic misdemeanors.  See C.R.S. § 42-4-1701(3)(a).  Traffic misdemeanors are more serious than traffic infractions.  However, more serious offenses, like DUI’s, can be classified as misdemeanors or felonies.  Traffic infractions are divided into class A and B infractions.  See § 42-4-1701(3)(a)(I). Class A infractions are more serious and include offenses like speeding one to twenty-five miles over the speed limit, see §

42-4-1101(12)(a), or running a red light.  See § 42-4-603(5).  Class B infractions are less serious and include offenses like having a taillight out.  See § 42-4-206(7).  Similarly, traffic misdemeanors are divided into class 1 and 2 traffic misdemeanors.  Class 1 traffic misdemeanors are more serious and include offenses like being at fault for an accident where someone was injured.  See § 42-4-1402(2)(b).  Class 2 traffic misdemeanors are less serious and include offenses like speeding over twenty-five miles over the speed limit. See § 42-4-1101(12)(b).

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Although some traffic offenses can be punished with jail, most are punished by a fine and points on your license.  Traffic infractions only face the following fines:

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  • Class A – $15 – $100. § 42-4-1701(3)(a)(I).

  • Class B – $15 – $100. § 42-4-1701(3)(a)(I).

 

Traffic misdemeanors, on the other hand, face the following punishments:

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  • Class 1 – 10 days – 1 year in jail or a fine of $300 - $1000 or both. § 42-4-1701(3)(a)(II)(A).

  • Class 2 – 10 days – 90 days in jail or a fine of $150 - $300 or both. § 42-4-1701(3)(a)(II)(A).

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Additionally, you will likely receive the following points on your license for these common traffic offenses:

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  • Speeding over posted limit 5–9 m.p.h. – 1 point

  • Speeding over posted limit 10–19 m.p.h. – 4 points

  • Speeding over posted limit 20–39 m.p.h. – 6 points

  • Speeding over posted limit 40–or more m.p.h. – 12 points

  • Reckless driving – 8 points

  • Careless driving – 4 points

  • Leaving scene of an accident – 12 points

  • Failure to yield right-of-way – 3 points

  • Failure to stop for a school bus – 6 points

  • Driving on the wrong side of road – 4 points

  • Failure to maintain or show proof of insurance – 4 points

  • Improper passing – 4 points

  • Failure to observe traffic sign or signal – 4 points

  • Improper turn – 3 points

  • Driving in wrong lane or direction on one-way street – 3 points

  • Failure to signal or improper signal – 2 points

  • Failure to yield to emergency vehicle – 4 points

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If you accumulate too many points during a certain time period, you can lose your license.  The amount of points you can accumulate in a certain time period depends on age. Between 16 and 18, if you can accumulate six points in one year or seven points in two years, you will lose your license. Between 18 and 21, if you accumulate nine points in a year or twelve points in two years, you will lose your license. At 21 or older, if you accumulate twelve points in one year or eighteen points in two years, you will lose your license. 

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If you have been charged with a traffic offense, contact the Law Office of Michael Swink today and talk with an attorney that can help keep fines down and points off your license. 

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