Thursday, October 29, 2015

Colorado Speeding Laws & Need of Traffic Ticket Attorney

Like any other state in USA, Colorado has its own set of rules when it comes to vehicle speeding. A car that crosses the prescribed speed limits is not only prone to cause major damage to property and life but also carries the chance to cause damage to the self. It is important to know about the possible legal consequences of exceeding such speed limits or reckless driving, so that a person is aware of what penalties he or she might expect for breaking such laws.

Crossing speed limits by drivers in Colorado is not uncommon. Many people exceed the speed limits because of driving under the influence of alcohol or drugs. There are still others who might have a habit of speed driving. A person might also receive a speeding ticket in case he or she had been driving too slowly. In case a person has received a speeding ticket from a Colorado traffic police, then he or she should contact a Colorado speeding ticket attorney to receive the best legal support. Colorado speeding laws are unique and different from other states, and it is not always possible for a layman to be aware of all of them. So let’s take a brief look at the different speeding laws that are in practice in Colorado.

The Basic Speed Rule

According to COLO Sec. 42-4-1101(1), No person should drive a vehicle or a car at a speed that is greater than what is prudent and reasonable under the conditions existing at that given time.
Basic Speed Limits

These are the basic vehicle speeding limitations as set by the law of Colorado

•    65 MPH on interstate system
•    30 MPH for a residence district
•    25 MPH within a business district 
•    40 MPH on all open mountain highways•    55 MPH on any open highway that is not on interstate system
•    20 MPH on a narrow, winding mountain highway or a blind curve

DUI/DWAI cases

If a person had been driving a vehicle under the influence (DUI) or driving while ability impaired (DWAI), then he or she needs to get in touch with a lawyer that can assist with such cases. A DUI or DWAI related speeding case will involve additional legal penalties and trials than what is the norm for standard reckless driving or speed limit exceeding cases. The penalties and jail times needed to be served for such cases will differ based on whether a person is committing the offence for the first time or any additional number of times.

Possible defenses for speeding vehicles in Colorado

According to the laws of Colorado, a person might be able to receive any of the three possible defenses when it comes to speeding.

•    Attacking an officer’s way of determining your vehicle speed is a good way to defend oneself against an allegation of speeding. In order to do this, a person must first discover the method that an officer uses to cite the speeding case and then find out about the various ways in which he or she can attack that particular way.

•    Another way to achieve the same end is by stating that an emergency propelled the person in control of the wheels to exceed speed limits for avoiding serious injuries or damages to others and the self.

•    The other way that a person can present a defense against speeding allegation is by stating that the officer wrongly mistook the car for some other vehicle. As there are so many vehicles on the street that look quite similar, it is quite possible for a cop to see a particular speeding car but then lose the sight of it and wrongly pick up another car that was present a bit farther down that road.

Colorado Pointing System

The driving license of a person can be subjected to suspension in case he or she accumulated 18 points in 24 consecutive months or 12 points in 12 consecutive months. Provisional drivers would get their licenses suspended if they gather 12 points in any 24 consecutive months, 9 points in 12 consecutive months or 14 points starting from the time this provisional license was actually issued. For all minor drivers, there would be a suspension of license in case they accumulate 5 points in 12 consecutive months or a total of 6 points starting from the time their license was issued. Suspension of license would occur for chauffeurs in case they accumulate (during the course of their employment) 16 points in a single year, 24 points within 2 years or a total of 28 points within 4 years.

These are the points that are attributed to different types of speeding violations: 

•    Three points for driving at a speed of 5 - 9 MPH over the prudent and reasonable speed or 5 - 9 MPH over maximum lawful speeding limit of 75 MPH.

•    Four points for driving at a speed of 10 - 19 MPH over the prudent and reasonable speed or 10 - 19 MPH over maximum lawful speeding limit of 75 MPH.

•    Six points for driving at a speed of 20 - 39 MPH over the prudent and reasonable speed or 20 - 39 MPH over maximum legal speed limitation of 75 MPH.

•    Twelve points for driving at 40 MPH or more speed over prudent and reasonable speed or 40 MPH or more speed over maximum legal speeding limit of 75 MPH.