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Traffic Tickets

What is a traffic ticket?

A traffic ticket is a citation or summons issued to a person who has violated a motor vehicle law. The citation or summons, which is issued by a police officer or other authorized representative of the government, is an order to appear in court before a judge. After being issued the citation or summons, the person accused of violating the law can remain free pending his/her need to appear in court.

What are the classes into which traffic laws are categorized?

Petty Offenses-a petty offense is a sub-group of misdemeanor. Petty offenses typically may be tried before a magistrate in a summary proceeding as the matter typically is handled all on the date of the first appearance by the defendant in court. The defendant may be denied the right to a jury trial without violation of constitutional rights. Typically a traffic ticket is a petty offense, and it is usually punished with the imposition of a fine. Misdemeanors-violation of a misdemeanor law can result in the imposition of punishment that is greater than that of a petty offense, but not as severe as a felony. Felony-a felony crime can result in imposition of greater punishment, such as jail sentence greater than one year, or a fine exceeding $1,000. The class of a crime is important to consider since the governing substantive and procedural law are different between the classes. Petty offenses are provided the least number of protections, while felonies have numerous protections built into their treatment by the court system.

What could happen if a police officer wanted me to sign a traffic citation and I refused? The traffic ticket contains an actual notice to you of a pending court date at which you must appear. By signing the ticket, you are providing an acknowledgment of receipt of the notice to appear. Since the officer is charging you with a violation of law, he could take you into custody. By signing the traffic ticket, you avoid being taken into custody at that time, and are released on your own recognizance pending the court date. It is better to sign the traffic ticket and go about your business pending the court date. By signing the traffic ticket, you remain free and retain the right to show up at the hearing to contest the issuance of the citation or summons.

A person is free to refuse to sign the traffic ticket; however, the police officer is free to place him/her under arrest and take him/her into custody.

What should I do after being given a traffic ticket? In deciding what to do about a traffic ticket, you need information such as:

The potential punishment that you face for the charged violation of law Any possible defenses, justifications or mitigating circumstances The impact that the violation of law will have upon your privilege to drive The impact that the violation of law will have upon your automobile insurance The amount of energy, time and cost involved in contesting the charged violation The need to retain a lawyer to protect your rights A good course of action is to cooperate with the police officer issuing the traffic ticket. You may speak with the officer concerning the issuance of the traffic ticket, but bear in mind that the statement you give to the police officer may be used against you in a court of law. After signing the traffic ticket, make notes about the circumstances that lead up to its issuance while the events are still fresh in your mind. Then begin to gather all the required information. You may ask a lawyer for some advice.

Why You Need a Lawyer For Traffic Offenses

Traffic tickets can have serious consequences. While most traffic tickets are just “violations” under Colorado law, many people don’t understand that some traffic tickets are actually criminal charges. Aggravated Unlicensed Operation of a Vehicle is a crime in New York and it Driving Under Suspension can happen just by driving when you knew (or had reason to know) that your license was suspended.  A suspension can happen when you have several minor tickets or just one very serious ticket.  Many motorists get suspended simply because they fail to respond to the ticket and don’t know what to do when it becomes a problem years later.  Some people try to move away from their problems and soon find out that CO can prevent you from getting a license in other states as well.

That’s why these matters must be handled in a timely and professional manner. Your attorney can help take care of traffic tickets, even if you live outside Colorado State.

If you have received a traffic ticket you have the constitutional right to defend yourself and confront the witnesses against you. Why hire a lawyer to fight a traffic ticket? Because if you are convicted, you will pay fines, you may have points put on your license, you may face suspension or even revocation of your license, not to mention increased payments to your auto insurance company. And besides, most jobs don’t prepare you to cross-examine a police officer. That is something best left to someone who knows the rules of the game- your attorney. An experienced traffic attorney can help even the odds against you.

Defending yourself in Traffic Court can be complicated, but don’t plead guilty by mail!  Often we can help get the ticket reduced or perhaps dismissed. We fight tickets all across the Front Range.  Each court is different.  In some cases we can work out an arrangement with the prosecutor to reduce the charges and  some cases, you don’t even have to come to court. 

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Please visit H. Michael Steinberg's other websites for additional information on Colorado Criminal Drug Crimes Law, Colorado Criminal Sex Offense Crimes Law, Colorado Criminal Domestic Violence Laws, Colorado General Criminal Law and the Law Office of H. Michael Steinberg. For news and information about Colorado defense law, visit our Colorado Criminal Law Blog.

  ____________________________
H. Michael Steinberg Esq.
  Attorney and Counselor at Law

The Colorado Criminal Defense
Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively
On Colorado Criminal Law For Over 28 Years.

Plaza Tower One
6400 South Fiddlers Green Circle - Suite 1270
Greenwood Village, Colorado 80111

Colorado Criminal Law Blog: www.Colorado-Criminal-Lawyer-Online.com

Main: 303.627.7777
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