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TRAFFIC INFRACTIONS
Sections:
10.76.010 Legislative intent.
10.76.020 Definitions.
10.76.030 Application.
10.76.040 Commencement of action.
10.76.050 Payment before appearance date.
10.76.060 First hearing.
10.76.070 Subpoenas.
10.76.080 Dismissal before final hearing.
10.76.090 Final hearing.
10.76.100 Judgment after final hearing.
10.76.110 Posthearing motions.
10.76.120 Default.
10.76.130 City attorney.
10.76.140 Appeals.
10.76.150 Collection of judgments.
10.76.010 Legislative intent.
The purpose of this Chapter is to decriminalize certain traffic offenses by
establishment of a system to treat Class 3 and Class 4 traffic infractions as
civil matters in municipal court. (Ord. O-93-68 § 12 (part), 1993).
10.76.020 Definitions.
As used in this chapter, the following definitions shall apply:
"Charging document" means the document commencing or initiating the
traffic infraction matter, whether denoted as a complaint, summons and complaint,
citation, or other document charging the person with the commission of a traffic
infraction or infractions.
"Defendant" means any person charged with the commission of a traffic
infraction.
"Judgment" means an admission of guilt or liability for any traffic
infraction, the entry of judgment of guilt or liability, or the entry of default
judgment as set forth in this chapter against any person for the commission
of a traffic offense.
"Noncriminal traffic infraction," also referred to herein as "traffic
infraction," means any offense which is classified as a Class 3 or Class
4 traffic offense in the Lakewood Municipal Code.
"Penalty" means a fine imposed by the municipal court for violation
of a traffic infraction. (Ord. O-93-68 § 12 (part), 1993).
10.76.030 Application.
A. This chapter shall apply to actions in which traffic infractions are charged.
B. In the case of a traffic infraction committed by a defendant who has caused
or contributed to an accident resulting in injury or death to any person or
in which damage sustained to the property of any one person is in excess of
one thousand dollars, such offense shall not be treated as a traffic infraction
and shall be subject to the procedures applicable to other municipal offenses,
except the defendant shall have no right to a jury trial unless a jury trial
is otherwise permitted pursuant to Section 10.66.230 of this code.
C. In any action in which the commission of a traffic infraction and a criminal
offense are alleged in one complaint, all charges shall be treated as a criminal
offense. (Ord. O-93-68 § 12 (part), 1993).
10.76.040 Commencement of action.
An action under this chapter charging a traffic infraction is commenced by the
tender of or service of a charging document upon a defendant, or in the case
of a parking violation, by placing a charging document on the subject vehicle
in a conspicuous place, and by filing of the charging document with the municipal
court. (Ord. O-93-68 § 12 (part), 1993).
10.76.050 Payment before appearance date.
A. The clerk of the municipal court shall accept payment of a penalty for a
traffic infraction by a defendant without an appearance before the court, if
payment is made and received by five p.m. of the day prior to the date set for
the first hearing.
B. Payment in full of the fine, costs, and other court fees shall constitute
a waiver of rights and acknowledgment of guilt or liability.
C. This procedure shall constitute an entry and satisfaction of judgment. (Ord.
O-93-68 § 12 (part), 1993).
10.76.060 First hearing.
A. If the defendant has not previously acknowledged guilt or liability and satisfied
the judgment, he shall appear before the court at the time scheduled for first
hearing which is noted on the charging document.
B. The defendant may appear in person or by counsel, who shall enter an appearance
in the case, provided, however, if an admission of guilt or liability is entered,
the court may require the presence of the defendant for assessment of the penalty,
costs, and other court fees.
C. If the defendant appears in person, the court shall advise him in court of
the following:
1. The nature of the infractions alleged in the charging document;
2. The penalty, costs, and other court fees that may be assessed and the penalty
points that may be assessed against his driving privilege;
3. The consequences of a failure to appear at any subsequent hearing including
entry of judgment against the defendant, and the reporting of the judgment to
the State Department of Revenue, Motor Vehicle Division, which may assess points
against the defendant's driving privilege and which may result in the denial
of an application for a driver's license;
4. The right to be represented by an attorney at the defendant's expense;
5. The right to deny the allegations and to have a hearing before the court;
6. The right to remain silent, because any statement made by the defendant may
be used against him;
7. Guilt or liability must be proven beyond a reasonable doubt;
8. The right to testify, subpoena witnesses, present evidence, and cross-examine
any witnesses for the city;
9. Any admission of guilt or liability by a defendant must be voluntary and
not the result of undue influence or coercion on the part of anyone; and
10. An admission of guilt or liability constitutes a waiver of the foregoing
rights and any right to appeal.
D. The defendant personally or by counsel shall answer the allegations in the
charging document either by admitting guilt or liability or by denying the allegations.
E. If the defendant admits guilt or liability, the court shall enter judgment
and assess the appropriate penalty, costs, and other court fees, after determining
that the defendant understood the matters set forth in subsection (C) of this
section and has made a voluntary, knowing, and intelligent waiver of rights.
The clerk of the municipal court shall report the judgment and points, if any,
to be assessed against the defendant's driving privilege to the State Department
of Revenue, Motor Vehicle Division.
F. If the defendant denies the allegations, the matter shall be set for a final
hearing. (Ord. O-93-68 § 12 (part), 1993).
10.76.070 Subpoenas.
The defendant and the city shall have the right to the issuance of subpoenas
by the court clerk as in all other municipal prosecutions to secure the attendance
of witnesses at the final hearing. (Ord. O-93-68 § 12 (part), 1993).
10.76.080 Dismissal before final hearing.
The charges shall be dismissed if the final hearing is not held within the time
requirements set out in Rule 248(b) of the Colorado Municipal Court Rules of
Procedure. (Ord. O-93-68 § 12 (part), 1993).
10.76.090 Final hearing.
The hearing of all traffic infractions shall be conducted pursuant to the Colorado
Municipal Court Rules of Procedure. (Ord. O-93-68 § 12 (part), 1993).
10.76.100 Judgment after final hearing.
A. If all the elements of a traffic infraction are proven beyond a reasonable
doubt, the court shall find the defendant guilty or liable and enter judgment.
The clerk of the municipal court shall report the judgment and the points, if
any, to be assessed against the defendant's driving privilege to the State Department
of Revenue, Motor Vehicle Division.
B. If any element of a traffic infraction is not proven beyond a reasonable
doubt the court shall dismiss the charge and enter judgment, provided, however,
that the court may find the defendant guilty of or liable for a lesser included
traffic infraction, if based on the evidence offered, and enter judgment.
C. If the defendant is found guilty or liable, the court shall assess the penalty,
costs, and other court fees imposed in criminal municipal offenses.
D. The judgment shall be satisfied upon payment to the clerk of the municipal
court of the total amount assessed by the court.
E. If the defendant fails to satisfy the judgment by payment to the clerk of
the municipal court of the total amount assessed after the finding of guilt
or liability, or within the time of a reasonable extension granted upon a showing
of good cause by, and upon application of the defendant, then such nonpayment
shall be treated as a default. (Ord. O-93-68 § 12 (part), 1993).
10.76.110 Posthearing motions.
There shall be no posthearing motions except to set aside a default judgment
as provided by Section 10.76.120 of this chapter. (Ord. O-93-68 § 12 (part),
1993).
10.76.120 Default.
A. If the defendant fails to appear for any hearing, the court shall enter judgment
against the defendant and, if appropriate, the clerk of the municipal court
shall report the judgment and points to be assessed against the defendant's
driving privilege to the State Department of Revenue, Motor Vehicle Division.
B. The amount of the judgment shall be the appropriate penalty which would be
assessed after a finding of guilt or liability, plus costs, and other court
fees regularly imposed for municipal violations after a finding of guilt.
C. The defendant may satisfy a default judgment entered under this section by
payment in full of the penalty, costs, and other court fees to the clerk of
the municipal court.
D. No warrant shall issue for the arrest of a defendant who fails to appear
at a hearing or fails to satisfy a judgment.
E. 1. Except as otherwise provided in this subsection, no person against whom
a judgment has been entered for a traffic infraction shall move to set aside
the default judgment unless such motion is filed within six months after the
date of entry of judgment.
2. The only exceptions to the time limitations specified in subsection (E)(1)
of this section shall be:
a. A case in which the court did not have jurisdiction over the subject matter
of the alleged traffic infraction;
b. A case in which the court did not have jurisdiction over the person of the
defendant;
c. Where the court, after hearing the motion to set aside the default judgment,
finds by a preponderance of the evidence that the failure to seek relief within
the applicable time period was caused by an adjudication of incompetence or
by commitment of the defendant to an institution for treatment as a mentally
ill person; or
d. Where the court, after hearing the motion to set aside the default judgment,
finds that the failure to seek relief within the applicable time period was
a result of circumstances amounting to justifiable excuse or excusable neglect.
(Ord. O-93-68 § 12 (part), 1993).
10.76.130 City attorney.
The city attorney or designee may appear in any traffic infraction to negotiate
a plea agreement or to prosecute the traffic infraction before the municipal
court. (Ord. O-93-68 § 12 (part), 1993).
10.76.140 Appeals.
An appeal from any finding of guilt or liability for a traffic infraction shall
be taken to the District Court in accordance with Rule 237(b) of the Colorado
Municipal Court Rules of Procedure. (Ord. O-93-68 § 12 (part), 1993).
10.76.150 Collection of judgments.
Upon entry of a judgment under this chapter, the municipal court may initiate
collection proceedings against any defendant who has failed to pay any outstanding
fines, court costs, court fees, or surcharges, which have been imposed by the
municipal court. The defendant is responsible for the collection costs incurred
by the City as a result of his failure to pay. In addition to all legal and
administrative enforcement or collection procedures and remedies otherwise available,
the city attorney is authorized to file a civil action with any state court
having appropriate jurisdiction, which filing shall include a certified copy
of the judgment, praying for judgment based on the total amount authorized to
proceed with all judgment, execution, and collection procedures authorized by
law for the amount of the judgment, costs, and fees incurred in such proceedings.
(Ord. O-2004-10 § 2, 2004; Ord. O-93-68 § 12 (part), 1993).
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