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.

How Damages Are Calculated in Personal Injury Cases

Denver attorney Gabriel Schwartz recently finished his term as the president of Justice for Colorado, a firm focusing on wrongful injury and death cases. Gabriel Schwartz also handles personal injury cases from his personal offices in Denver and the Vail Valley.

Under Colorado law, recovery for personal injury cases falls into two broad categories, general and special damages. Special damages are economic in nature and can be quickly calculated by adding the data on receipts, estimates, or pay stubs. Some specific examples include lost wages due to missing work, or the cost of car repairs.

General damages refer to the economic cost of pain or emotional suffering. Most often, this cost is calculated by multiplying special damages by a number between 1.5 and five. Higher multipliers reflect the severity of the injury or damages.

While there are no limits to how much special damages can be sought, general damages have caps. As of 2008, most plaintiffs can only receive $468,000 or less to cover pain and suffering. However, caps may be removed for plaintiffs with life-long injuries.

Consequences of Driving Under Restraint

  After more than a decade with the Denver legal firm Sandomire & Schwartz, attorney Gabriel Schwartz established his own private practice. Gabriel Schwartz serves clients in and around the Denver area facing driving and traffic charges, such as violations of driving under restraint laws.

In Colorado, residents who are found operating a vehicle with a suspended or revoked license can be charged with driving under restraint (DUR). Non-residents can also run afoul of DUR laws if their applications for Colorado licenses have been denied. Charges can range from misdemeanors to a simple traffic offense depending on several factors.

If the license restraint was due to alcohol violations, drivers may face up to a year in jail and a fine of up to $1,000. However, if the loss of the license was not related to alcohol, the maximum consequences are less severe. In both situations, multiple DUR offenses can lead to the loss of the right to hold a license in Colorado.