Month: February 2020

Traffic Ticket Laws – Types of Infractions

With a juris doctor from the University of Denver Sturm College of Law, attorney Gabriel Schwartz serves as president of Denver-based law office Justice for Colorado. Gabriel Schwartz’s firm represents clients in cases involving personal injury, criminal law, and traffic tickets.Governing the operation of automobiles on public roads, traffic law aims to deter unsafe driving while promoting efficiency on roadways and raising revenue for municipal bodies. Within their jurisdiction, law enforcement agencies at all levels of government in a particular state enforce traffic laws. If there is any violation of the law, the offender will receive a ticket containing written citations at that particular site. This may require the driver to tender a particular fee to the court.

If the offense is serious, however, the prosecuting attorney may file a charge against the offender instead of a citation. Penalties also may depend on whether or not the driver has committed such offenses in the past.

A violation can be categorized as a non-moving or moving citation. Moving violations include failure to stop at a traffic signal, drunk driving, speeding, and other offenses by the driver while the automobile is in motion. Non-moving violations are issued for offenses such as improper parking, overdue vehicle registration, and missing equipment on an automobile. In most cases, equipment tickets are resolved by repairing the vehicle, and further inspection by a police officer.

Traffic Violations That Incur Surcharges in Colorado

President of the Denver-based law firm Justice for Colorado since 2019, attorney Gabriel Schwartz has nearly two decades of experience representing plaintiffs in wrongful death suits and defendants facing traffic-related charges. Gabriel Schwartz is highly knowledgeable about Colorado and Denver municipal traffic and speeding laws.

Under Colorado law, speeding violations can range from less serious traffic infractions to more severe misdemeanors. In addition to a fee or jail time, some traffic violations also impose a surcharge. This fee can be doubled if the violation occurred in a protected area, such as a school or construction zone.

Driving between 20 to 24 miles above a reasonable speed limit incurs the maximum base surcharge of $32 dollars. Other infractions carry base surcharges from $6 to $16 dollars. The revenue from these surcharges is allocated to support crime victims, witnesses, and law enforcement officials. Surcharges are not imposed on class 1 or 2 traffic misdemeanors, which carry higher fines.

When Is a Traffic Ticket a Misdemeanor?

A three-time National Trial Lawyers Top 40 Under 40, highly-rated wrongful death and criminal defense attorney Gabriel Schwartz has litigated cases in the Denver area for more than 15 years. Through his private practice Justice for Colorado, Gabriel Schwartz represents Denver area clients charged with speeding or traffic violations.

In Colorado, traffic tickets can be issued for two types of charges, infractions and offenses. The latter category encompasses more serious violations. In some situations, traffic offenses may be considered class 1 or class 2 misdemeanors.

Drag racing, speeding in a construction zone, and careless driving are all class 1 offenses that carry the possibility of a 1-year jail term and up to $1,000 in fines. Class 2 offenses carry less severe penalties, but can still result in a jail sentence of at least 10 days. Some examples of class 2 traffic misdemeanors include driving without a license or violating the terms of a restricted license.