In Colorado, people charged with traffic infractions normally contest the ticket at a county court hearing before a magistrate or a county judge acting as a magistrate. The prosecution bears the burden of proof at the hearing, and the magistrate is the fact finder. Representation by an attorney is allowed in lieu of the defendant's personal appearance. Hearings for class A or B traffic infractions are handled administratively without a jury trial.
If the citation was issued as a summons and complaint, the summons must include specified information and direct the person to appear in a specified county court at a specified time and place. In some cases the court process and any available appeals are defined by statute, including where appeals go and limits on collateral attacks on judgments entered for traffic infractions.
Current Colorado law
Every answer cites the statute
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What Colorado law says
Hearings for traffic infractions are held before a county court magistrate or a county judge acting as a magistrate, and the people have the burden of proof at such hearings Colo. Rev. Stat. § 42-4-1708. A defendant may appear through counsel in lieu of personally appearing Colo. Rev. Stat. § 42-4-1711. When a peace officer issues a summons and complaint, it must contain the defendant's identifying information and direct the defendant to appear in a specified county court at a specified time and place; certain defects in form may be amended before trial Colo. Rev. Stat. § 42-4-1707. The right to a jury trial is not available at a magistrate hearing for class A or class B traffic or civil infractions Colo. Rev. Stat. § 13-6-502. Statutes also address toll enforcement and civil penalties for toll evasion when relevant to toll road citations Colo. Rev. Stat. § 43-3-302 and Colo. Rev. Stat. § 43-4-506.5.
What to do
A common first step is to check the summons or citation for the court date and the required appearance information.
A common next step is to consider whether to appear personally or have counsel appear on behalf of the cited person, since counsel may appear in place of the defendant.
A common option is to request a hearing before the county court magistrate named on the citation to contest the infraction.
A common follow-up is to review any court notices for scheduling, required filings, or opportunities to negotiate a disposition with the prosecutor.
A common final step is to note that appeals from final judgments on traffic infractions are taken to the district court for the county where the magistrate sits.
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Common questions
Who decides the case at a traffic-infraction hearing?
A county court magistrate or a county judge acting as a magistrate acts as the fact finder at traffic-infraction hearings Colo. Rev. Stat. § 42-4-1708.
Can someone else appear instead of the person cited?
Yes, the statute allows a defendant to comply with a court appearance requirement through an appearance by counsel Colo. Rev. Stat. § 42-4-1711.
Is a jury available for traffic-infraction hearings?
No, the right to a jury trial is not available at a magistrate hearing for class A or class B traffic infractions or civil infractions Colo. Rev. Stat. § 13-6-502.
What must a summons and complaint include?
A summons and complaint must include the defendant's name and address, vehicle license number if any, driver's license number if any, citation of the statute, a brief description of the offense, the date and location, and the date the summons is served, and must direct the defendant to appear at a specified county court time and place Colo. Rev. Stat. § 42-4-1707.
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This content provides legal information only and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
