Colorado Springs Traffic Violation Lawyers

When it comes to traffic violations in Colorado, it’s important to know the distinction between infractions and offenses. Traffic infractions are considered civil charges, while traffic offenses are treated as criminal charges. Each type of violation carries its own set of consequences, and it’s crucial to address them promptly and appropriately.

The Point System

Colorado’s Division of Motor Vehicles (DMV) operates under a driving record point system. Accumulating points on your driving record can lead to license suspension, depending on your age and the number of points accrued within certain time frames.

For drivers 21 years old and over, accumulating 12 or more points within 12 — or 18 or more points in 24 — months can result in license suspension. Similarly, for drivers in the 18 to 21 age bracket, 9 points or more within 12 months or 18 or more within 24 months can lead to suspension.

For those under 17, the threshold is even lower, with 6 points within 12 months, or 7 points in any time period, leading to suspension. These suspensions can last from 6 months to a maximum of 1 year.

Understanding the Points

Each traffic violation carries a specific point value, ranging from 0 to 12 points, depending on the severity of the offense. Speeding violations, improper passing, failure to yield, and other infractions all contribute to your point total. It’s crucial to be aware of how these points can accumulate and impact your driving privileges. Here’s the point scale in Colorado:

• Speeding 1-4 mph over posted speed limit – 0 Points.
• Speeding 5-9 mph over posted speed limit – 1 Points.
• Speeding 10-19 mph over posted speed limit – 4 Points.
• Speeding 20-39 mph over posted speed limit – 6 Points.
• Speeding 40 mph over posted speed limit – 12 Points.
• Improper passing – 4 Points.
• Failure to stop for school bus – 6 Points.
• Following too closely – 4 Points.
• Failure to observe traffic sign or signal – 4 Points.
• Failure to yield to emergency vehicle – 4 Points.
• Failure to yield right-of-way – 3 Points.
• Improper turn – 3 Points.
• Driving in wrong lane or direction on one-way street – 3 Points.
• Failure to signal or improper signal – 2 Points..
• Improper backing – 2 Points.
• Failure to dim or turn on lights – 2 Points.
• Operating a vehicle with defective head lamps – 1 Points.
• Eluding or attempting to elude a police officer – 12 Points.
• Alteration of suspension system – 3 Points.
• Failure to yield right-of-way to pedestrian – 4 Points.
• Failure to yield right-of-way to person with a disability – 6 Points.
• Reckless Driving – 8 Points.
• Careless Driving – 4 Points.
• Careless Driving Resulting in Death – 12 Points.
• Failure to reduce speed below an otherwise lawful speed when a special hazard exists – 3 Points.
• One to four miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter -0 Points.
• Five to nine miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter – 2 Points.
• Greater than nine miles per hour over the maximum lawful speed limit of forty miles per hour driving a low-power scooter – 4 Points.
• Failure to stop for school signals – 6 Points.
• Driving on wrong side of road or driving on wrong side of divided or controlled-access highway – 4 Points.
• Failure to maintain or show proof of insurance – 4 Points.
• Driving with a passenger who is under twenty-one years of age or driving between 12 midnight and 5 a.m. – 2 Points.
• DUI – 12 Points.
• Driving While Ability Impaired – 8 Points.
• Underage Drinking and Driving – 4 Points.
• Engaging in a Speed Contest – 12 Points.
• Engaging in a Speed Exhibition – 5 Points.
• Leaving the Scene of an Accident- 12 Points.

The Law Firm of Mark S. Hanchey and Ben Peterson also assist people with legal needs in the following areas: Black Forest, Castle Rock, Centennial, Cimarron Hills, Douglas County, El Paso County, Fountain, Highlands Ranch, Parker, and Pueblo County.

How Might a Traffic Violation Affect My Insurance Rates?

A traffic violation can have significant financial implications, particularly on your insurance rates. When you receive a ticket for a traffic offense, insurance companies often see it as a red flag, signaling that you might be a higher-risk driver. This perception could lead to increased premiums on your policy.

Why Do Insurance Rates Increase?

• Risk Assessment: Insurers use traffic violations to gauge risk. A driver with a recent speeding ticket or DUI (Driving Under the Influence) is statistically more likely to be involved in an accident.
• Points on Your License: Many states use a points system for tracking driving violations. Accumulating points can result in higher insurance rates and even lost driving privileges.
• Violation History: Repeated offenses are particularly concerning for insurance companies. They may view a pattern of violations as a consistent risk factor.

Can You Mitigate These Rate Increases?

Indeed, there are strategies to potentially offset these increases:

• Defensive Driving Courses: Some insurance companies offer discounts if you complete approved defensive driving or traffic school courses.
• Negotiate Charges: It’s possible to negotiate plea deals to reduce charges, which might help in keeping your record cleaner.
• Compare Insurance Providers: Different insurers might evaluate violations differently. Shopping around can help in finding a more forgiving policy.

By understanding these factors and exploring options, you can better manage the impact a traffic violation might have on your insurance costs.

Navigating the Legal Process

Facing a traffic violation can be daunting, especially when considering the potential consequences of accumulating points on your driving record. However, you don’t have to navigate this process alone.

At The Law Firm of Mark S. Hanchey and Ben Peterson, we focus on helping individuals facing traffic violations in Colorado Springs. Our experienced team of attorneys understand the complexities of traffic law and can help you pursue the best possible outcome for your case.

Comprehensive Legal Strategies

We employ a range of legal strategies to address your traffic violation effectively. These include:

• Negotiating with Prosecutors: We aim to reduce penalties and charges by engaging directly with the prosecution.
• Challenging Evidence: Our team meticulously examines the evidence against you, seeking any inconsistencies or inaccuracies that could benefit your case.
• Exploring Alternative Resolutions: We explore options such as plea bargains or diversion programs to resolve your case favorably.

From negotiating reduced charges to avoiding points and driving school, we’ll work tirelessly to protect your driving privileges and minimize the impact of your violation. By hiring one of our lawyers, you can save both time and money, avoiding the hassle of navigating the legal system on your own.

Our commitment to achieving the best possible outcome means we leave no stone unturned in defending your rights and interests. Whether it’s through strategic negotiation or a vigorous challenge in court, we are here to support you every step of the way.

What is the Process for Challenging Evidence in a Traffic Violation Case?

Challenging evidence in a traffic violation case requires a meticulous approach to ensure a favorable outcome. The process involves several key steps designed to evaluate and potentially undermine the prosecution’s evidence. Here’s how it typically unfolds:

• Initial Case Review: Begin by conducting a thorough review of all the evidence presented against you. This includes police reports, witness statements, and any video footage. Understanding the details of the evidence is crucial for identifying weaknesses.
• Legal Ground Assessment: Identify any legal grounds to challenge the evidence. This could involve questioning the legality of the traffic stop or the methods used by law enforcement to collect evidence, such as a faulty breathalyzer or radar gun.
• Consultation with Experts: Engage with traffic law experts or forensic specialists who can analyze the evidence for inaccuracies. Their testimony can be pivotal in demonstrating that the evidence is unreliable or was improperly handled.
• Developing a Strategy: With insights from your review and expert consultations, develop a strategic plan tailored to your case. This includes deciding whether to negotiate with the prosecution, file motions to suppress evidence, or prepare for court.
• Motions and Hearings: If there are substantial grounds, file pre-trial motions to suppress or dismiss evidence. This phase involves legal arguments and possibly hearings where your lawyer can question the validity of the evidence directly.
• Exploring Alternative Resolutions: Sometimes, challenging evidence may lead to alternative resolutions like plea deals or diversion programs, which could be more favorable than a trial outcome.
• Trial Preparation: If necessary, prepare for trial by organizing all arguments and evidence to present a strong case. This includes rehearsing witness testimonies and compiling all necessary documentation.

By meticulously challenging evidence, you enhance your chances of securing a favorable result in a traffic violation case. Each step is crucial in questioning the integrity and legality of the evidence, potentially leading to a reduced penalty or a dismissal of charges.

Avoiding Common Mistakes After Receiving a Traffic Ticket

Making the right decisions after receiving a traffic ticket can significantly impact the outcome of your case. Here are some common mistakes to avoid:

Pleading Guilty Without Consultation

One of the most common mistakes people make after receiving a traffic ticket is simply mailing in the ticket and pleading guilty. While this may seem like the easiest option, it can have serious consequences, including points on your license and potential license suspension.

Although you can handle a traffic violation on your own, it’s important to recognize the potential challenges and risks involved. The legal process can be intricate, with numerous steps that may not be immediately apparent. Without proper guidance, you might inadvertently harm your case or overlook critical details that could protect your rights.

Consider these points:

• Complex Legal Procedures: Navigating the intricacies of traffic law without expert knowledge can be daunting. Understanding the nuances is crucial to minimizing penalties.
• Potential for Reduced Consequences: With legal representation, you might secure a more favorable outcome, such as reduced fines or dismissed charges.
• Protection of Your Rights: An attorney can ensure that all your legal rights are upheld throughout the process, potentially preventing future complications.

At The Law Firm of Mark S. Hanchey and Ben Peterson, we advise against pleading guilty without first consulting with an experienced traffic violation lawyer. Our team can review the details of your case and help you understand your options before making any decisions.

Ignoring the Ticket

Another common mistake is ignoring the traffic ticket altogether. Failing to address the ticket can result in additional fines, license suspension, and even a warrant for your arrest.

It’s essential to take any traffic violation seriously and address it promptly. Our team can help you navigate the legal process and ensure that your rights are protected every step of the way.

Understanding Traffic Violation Timelines

When faced with traffic violation charges, knowing the timelines for response is crucial to avoid severe consequences. Here’s what you need to know:

• Initial Notification: After receiving a citation, you are typically given a specific number of days to either pay the fine or contest the charge. This period can range from 15 to 30 days, depending on the jurisdiction.
• Deciding to Contest: If you choose to dispute the charge, you must notify the court within the timeframe indicated on your ticket. Failing to do so can lead to additional penalties.
• Court Appearance: Once you decide to contest, a court date will be set. It’s essential to appear on the scheduled date or request a postponement if needed.
• License Implications: Ignoring deadlines or failing to respond to a citation can result in automatic repercussions, such as the suspension of your driver’s license.

By understanding these deadlines, you can take the necessary steps to manage any traffic violation charges efficiently.

Colorado Springs Traffic Violation Lawyers Client Story

This client story is for educational purposes only.

In the hustle and bustle of Colorado Springs, life was moving fast for Ronald. He had places to be, people to see, and deadlines to meet. But one day, everything came screeching to a halt when he saw those dreaded red and blue lights flashing in his rearview mirror.

As Ronald pulled over, his heart raced with anxiety. He knew he had been driving recklessly, but he never imagined it would lead to this — a traffic ticket that threatened to tarnish his driving record and disrupt his life.

Feeling overwhelmed and uncertain about what to do next, Ronald turned to The Law Firm of Mark S. Hanchey and Ben Peterson for help. From the moment he walked through the door, he felt a sense of relief wash over him. He knew he was in good hands.

Mark Hanchey, a seasoned traffic violation lawyer, listened attentively as Ronald recounted the events leading up to his ticket. With empathy and understanding, Mark reassured Ronald that they would do everything possible to help him.

Over the following weeks, Mark tirelessly fought on Ronald’s behalf. He scrutinized every detail of the case, leaving no stone unturned in his quest for justice. And finally, his hard work paid off.

In a moment of sheer relief, Ronald received the news — thanks to Mark’s experience and dedication, his traffic ticket had been thrown out. Not only that, but Ronald had avoided any points on his license, allowing him to breathe easy and move forward with his life.

As Ronald reflects on his experience, he was filled with gratitude for Mark and The Law Firm of Mark S. Hanchey and Ben Peterson.

If you’ve recently been given a traffic ticket for a violation in Colorado Springs, don’t face it alone.

The experienced traffic violation lawyers at The Law Firm of Mark S. Hanchey and Ben Peterson are here to help.

We understand the stress and uncertainty that comes with facing a traffic violation, but you don’t have to navigate this challenging situation on your own. Our team is dedicated to providing compassionate and knowledgeable legal guidance to individuals like you who find themselves in need of representation.

With our firm, you can expect personalized attention and a commitment to achieving the best possible outcome for your case. We offer free consultations, allowing you to discuss your situation with one of our experienced lawyers and explore your legal options with confidence.

To take the first step toward resolving your traffic violation case, contact us today. Our dedicated team is ready to guide you through the process, ensuring that you feel informed and supported every step of the way. Whether you’re dealing with a minor infraction or a more serious violation, our expertise in handling traffic cases will be an invaluable asset.

Reach out now to schedule your consultation and discover how we can assist you in achieving a successful resolution. Our goal is to provide you with peace of mind and clarity on your legal journey.