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Table Of Contents
Overview of Colorado’s Speeding Laws
According to Path Forward Legal, Colorado’s speeding laws can be divided into three major categories: basic speeding laws, presumed speed limits, and absolute speed limits.
Each category carries its own penalties and consequences, depending on the extent of the speeding violation and other factors, such as whether you were caught speeding in a construction zone [1].
Basic Speeding Law
Colorado’s basic speeding law mandates that drivers travel at a speed that is reasonable and prudent given the existing conditions. This entails adjusting speed based on traffic density, weather conditions, and road characteristics.
Violations of this law can lead to traffic citations, with penalties escalating based on the severity of the speeding, such as driving 25 mph or more above the speed limit, which is considered a criminal traffic violation.
Presumed Speed Limits
Presumed speed limits in Colorado suggest a presumed safe speed under various conditions. Exceeding these limits implies driving at a speed considered unsafe by law.
Some standard presumed speed limits in Colorado, unless otherwise indicated, are:
- 25 mph in business districts and on narrow, winding mountain roads or blind curves.
- 35 mph in residential areas.
- 45 mph on open mountain highways.
- 55 mph on open state highways.
- 65 mph on surfaced, four-lane interstate highways.
Absolute Speed Limits
Absolute speed limits are explicitly set speeds that drivers must not surpass. In Colorado, these are strictly enforced, especially on certain state highways where the maximum speed limit is set at 75 mph.
Violating these fixed speed limits leads to immediate penalties, with the severity depending on how much the speed limit was exceeded.
Speeding in special zones like construction areas may incur more severe consequences. It’s crucial for drivers to be aware of and adhere to the varying speed limits to avoid substantial penalties and ensure safety on the roads.
Colorado Speeding Violations: Fines, Points, and Penalties
Speeding in Colorado comes with a range of penalties depending on how far over the limit a driver is going.
Each speeding violation carries specific consequences, including fines, surcharges, and points on your driving record.
Accumulating too many points can lead to license suspension, and in more serious cases, misdemeanor charges can result in jail time and long-term financial burdens.
Minor Infractions: Low-Level Speeding Offenses
For drivers caught exceeding the speed limit by less than 25 mph, the penalties are relatively mild, though insurance rates may still be affected.
| Speed Over Limit | Fine | Surcharge | Jail Time | Points | Insurance Increase Estimate | Impact | Total Potential Cost |
|---|---|---|---|---|---|---|---|
| 1-4 mph over | $30 | $6 | None | None | $50-$100/year | No points or jail time; minimal impact. | $86-$136 |
| 5-9 mph over | $70 | $10 | None | 1 point | $100-$200/year | Minor infraction, slight insurance increase. | $180-$280 |
| 10-19 mph over | $135 | $16 | None | 4 points | $200-$400/year | Noticeable insurance increase; risk of suspension with additional violations. | $351-$551 |
| 20-24 mph over | $200 | $32 | None | 6 points | $300-$600/year | Higher fines, significant insurance impact, increased risk of suspension. | $532-$832 |
As speed increases, so do the financial and legal consequences. While minor speeding infractions won’t result in jail time, accumulating points could put a driver at risk of license suspension.
Serious Offenses: Misdemeanors and High-Speed Violations
Speeding 25 mph or more over the limit is no longer just a minor infraction—it can result in misdemeanor charges, license suspension, and major increases in insurance costs.
| Violation | Fine | Jail Time | Points | Insurance Increase Estimate | Impact | Total Cost Estimate |
|---|---|---|---|---|---|---|
| 25+ mph over (Class 2 Misdemeanor) | $150 – $300 | 10-90 days | 6 points | $500-$1000/year | Serious offense; risk of suspension and high insurance hikes. | $650 – $1300 |
| 25+ mph in a construction zone (Class 1 Misdemeanor) | $300 – $1000 | 10 days – 1 year | 6 points | $800-$1500/year | Very severe penalties, potential long-term jail time. | $1100 – $2500 |
Speeding at excessive speeds or in high-risk zones (like construction areas) increases the likelihood of harsh penalties and long-term financial consequences.
Special Speeding Violations: Context Matters
Not all speeding violations are purely based on exceeding the posted limit. Speeding under dangerous conditions, impeding traffic flow, or unsafe speeds on bridges are also ticketable offenses.
| Violation | Fine | Points | Insurance Impact | Impact | Total Cost Estimate |
|---|---|---|---|---|---|
| Not driving at a reasonable speed for conditions | $100 | None | $50-$150/year | Moderate fine, no major insurance impact. | $160 – $260 |
| Impeding traffic flow (driving too slowly) | $50 | None | Minimal/no increase | Minor fine, little impact on insurance rates. | $56 – Minimal/no increase |
| Exceeding safe speed on a bridge or elevated structure | $30 | None | Minimal/no increase | Special context may affect perception by insurers. | $36 – Minimal/no increase |
While these violations may not seem as serious as outright speeding, they can still impact your driving record and insurance premiums.
Consequences of Accumulating Too Many Points
Colorado uses a point system to track traffic violations. Accumulating too many points can lead to license suspension, depending on the driver’s age and driving history.
-
Adult Drivers (21+ years old):
- 12+ points in a year → License suspension
- 18+ points in two years → License suspension
-
Drivers Under 21:
- 9+ points in 12 months → License suspension
- 12+ points in 24 months → License suspension
Even minor speeding infractions can quickly add up, leading to potential loss of driving privileges.
Why Speeding Violations Affect Insurance Rates
Insurance companies view speeding tickets as a sign of risky driving behavior. The more severe the violation, the higher the potential premium increase.
- Minor infractions (1-9 mph over) may result in a small increase.
- Moderate infractions (10-19 mph over) often lead to a noticeable rise in rates.
- Serious violations (20+ mph over or misdemeanors) can double insurance premiums.
Drivers should consider the long-term cost of a ticket, not just the fine itself.
Source: Colorado General Assembly [2].
How Do I Fight Speeding Tickets in Colorado?
Fighting a speeding ticket may seem daunting, but drivers have several viable defenses that can challenge the evidence presented against them.
From faulty radar readings to emergency situations, understanding your legal options can significantly improve your chances of getting a ticket reduced or dismissed.
The following are four effective strategies that have helped drivers successfully contest speeding charges:
1. Challenging Radar or Laser Accuracy
Speed enforcement relies heavily on radar and laser devices, but these tools are not infallible. Malfunctions, improper calibration, or user error can all lead to inaccurate speed readings.
Challenging the accuracy of these devices is a common and often successful defense.
Key Arguments
- Radar Calibration Issues: If the radar gun was not calibrated recently, its readings could be inaccurate and unreliable.
- Operator Error: Officers must be properly trained in using radar and laser equipment. Any lack of training or misuse of the device could result in an incorrect speed reading.
- Interference: Environmental factors like other vehicles, reflective surfaces, and weather conditions can disrupt readings.
Case Example
A driver in Illinois successfully contested a speeding ticket after obtaining maintenance logs showing the officer’s radar gun had not been calibrated for several months before their stop.
Success Rate
When proper evidence is presented, challenging radar accuracy can lead to case dismissals or reductions in charges, especially when calibration records reveal inconsistencies.
2. Claiming an Emergency Situation
Speeding is illegal in most cases, but emergency circumstances may justify exceeding the speed limit. Courts recognize that some situations require urgent action, making it possible to defend a ticket based on necessity.
Valid Emergency Situations
- Medical Emergency: Rushing a passenger to the hospital in a life-threatening situation where no ambulance was available.
- Natural Disasters: Escaping a wildfire, flood, or dangerous road hazard that required speeding to avoid immediate harm.
Case Example
A California driver avoided conviction after presenting hospital records proving they were transporting a passenger experiencing severe chest pain at the time of the ticket.
Success Rate
This defense is most effective when documented proof is available, such as medical records, emergency reports, or witness testimony.
3. Contesting a False Accusation
Traffic citations are not always issued fairly. Mistaken identity, quota enforcement, or personal bias may result in an unfair ticket. Drivers can challenge their citation by presenting clear evidence that no violation occurred.
Key Arguments
- Dashcam Footage: Personal or police dashcam footage can prove the driver was following traffic laws.
- Witness Testimony: Passengers or bystanders who saw the incident can provide statements contradicting the officer’s report.
Case Example
A New York driver successfully overturned a ticket by providing dashcam footage that showed they had not run a red light, contradicting the officer’s claim.
Success Rate
This defense is highly effective when strong video or witness evidence contradicts the officer’s claims. If there is any doubt about the ticket’s accuracy, the court may dismiss the charge.
Speed limits must be clearly posted and visible for enforcement to be fair. If a speed limit sign is obscured by trees, missing, or displaying incorrect information, the driver may not have had proper notice of the speed limit change.
Common Issues with Traffic Signs
- Hidden Signs: Speed limit signs covered by trees or positioned in a way that makes them hard to see.
- Digital Sign Errors: Electronic speed limit signs can malfunction, displaying incorrect limits due to software glitches.
Case Example
A driver in Colorado successfully had their speeding ticket dismissed after proving a digital sign displayed an incorrect speed due to a system error.
Success Rate
This defense is highly effective when photographic proof is available to show incorrect or hidden signage at the time of the violation.
According to the SCLG, Police radars can malfunction. Or perhaps the police officer pulled over the wrong driver. Either way, the defense attorney’s job is to investigate the matter in detail. This includes finding surveillance video and eye-witnesses and testing the law enforcement’s radar gun for defects. Depending on the available evidence, the prosecutor may be willing to drop the case [3].
How to Strengthen Your Speeding Ticket Defense
Regardless of the defense strategy used, gathering solid evidence is crucial.
Here are steps drivers should take immediately after receiving a speeding ticket to build a strong case:
- Take Photos – Capture images of speed limit signs, road conditions, and other relevant details.
- Check for Dashcam Footage – Review footage to confirm your speed and surroundings.
- Request Calibration Records – Obtain maintenance logs for radar or laser devices used in your stop.
- Document Weather Conditions – Poor visibility or rain may have impacted speed enforcement readings.
- Find Witnesses – If passengers or bystanders can verify your claim, collect their statements.
While not every ticket can be dismissed, having a well-prepared defense significantly improves your chances of reducing fines, avoiding points, and preventing insurance rate increases.
It’s important to note that in all cases, the burden of proof lies with the prosecutor, who must establish guilt beyond a reasonable doubt, regardless of whether the charge is an infraction or a misdemeanor.
What You Need to Know Before Fighting a Speeding Ticket
Understanding Colorado’s legal process for contesting speeding violations is essential for anyone facing fines, points on their license, or potential increases in insurance rates.
The following factors can influence your case and determine the best course of action.
Time Limits for Contesting a Ticket
In Colorado, you generally have 20 days to respond to a speeding ticket by either paying the fine or requesting a court hearing.
Missing this deadline can result in additional penalties, such as increased fines or even license suspension in certain cases. It is important to act quickly to preserve your options for contesting the citation.
Court Appearance Requirements
For minor infractions, you may be able to resolve the ticket without appearing in court. However, for more serious violations, a court appearance may be mandatory.
Failing to appear when required can lead to additional penalties, including a warrant for your arrest or an automatic guilty verdict that adds points to your license.
Traffic School as an Alternative
Some courts in Colorado offer traffic school programs that allow drivers to reduce the number of points added to their record or even have the ticket dismissed.
However, eligibility varies based on factors such as the severity of the violation, prior offenses, and local court policies. Completing a defensive driving course may be a beneficial option for reducing the impact of a speeding ticket.
Payment Plan Options
If paying the full fine upfront is not feasible, some courts offer payment plans that allow drivers to settle their fines in installments.
This can help individuals avoid additional penalties for late payments. It is important to inquire about payment plan availability as soon as you receive the ticket to prevent unnecessary financial strain.
CDL Holders Face Stricter Consequences
Drivers with a commercial driver’s license (CDL) face more severe penalties for speeding violations due to federal regulations.
Accumulating points on a CDL can result in license suspension, job loss, and difficulty obtaining future employment in the trucking or transportation industry.
Employers and insurance providers closely monitor CDL violations, making it essential for commercial drivers to contest any questionable speeding citations.
Out-of-State Drivers Need to Be Cautious
Receiving a speeding ticket in Colorado while holding an out-of-state license can still have consequences in your home state.
Many states participate in the Driver’s License Compact (DLC), which means that violations committed in Colorado can be reported to your home state’s DMV and affect your driving record.
If you plan to fight the ticket but cannot attend court in person, hiring a local traffic attorney may be a practical solution to ensure your case is handled properly.
By understanding these factors, you can make informed decisions about how to proceed after receiving a speeding ticket in Colorado.
Whether you choose to contest the violation, attend traffic school, or explore alternative options, acting swiftly and strategically is key to minimizing the impact on your driving record and finances.
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FAQs
What constitutes reckless driving in Colorado?
Reckless driving involves willful disregard for the safety of persons or property. Driving significantly over the speed limit, weaving through traffic, or aggressive driving can be considered reckless.
What are the penalties for excessive speeding in Colorado?
Penalties for excessive speeding can include fines, points on your driving record, license suspension, and possible jail time. The exact penalties depend on how much over the speed limit you were driving.
How many points will I get on my license for speeding in Colorado?
The number of points depends on how much over the speed limit you were driving. For example, speeding 5-9 mph over the limit results in 1 point, while speeding 20-39 mph over results in 6 points.
Can a first-time speeding offense lead to jail time in Colorado?
While first-time speeding offenses usually result in fines and points, excessive speeding or reckless driving can lead to jail time even for first-time offenders.
How does speeding in a school zone affect penalties in Colorado?
Speeding in a school zone carries harsher penalties, including higher fines and more points on your license. Repeat offenses or excessive speeding in a school zone can lead to jail time.
Will this affect my insurance rates?
Yes, this will affect your insurance rates. Receiving a speeding ticket can lead to higher insurance premiums, as insurers may classify you as a higher-risk driver. The exact increase depends on your driving history, severity of the violation, and your insurance provider’s policies. Minor infractions may have little impact, while major speeding offenses or multiple violations can result in significant premium hikes.
Can I take defensive driving to reduce points?
Yes, you can take defensive driving to reduce points. Colorado courts may allow eligible drivers to complete a defensive driving course to reduce points or dismiss a ticket. However, eligibility depends on factors such as your driving record, the severity of the violation, and local court rules. It is best to check with the court handling your ticket to confirm whether this option is available.
How long will points from a speeding ticket stay on my record?
Points from a speeding ticket will stay on your record for two years from the date of the violation. However, insurance companies may factor in past violations for a longer period (up to 3-5 years). Accumulating too many points within a certain timeframe (e.g., 12 points in 12 months or 18 points in 24 months) could result in license suspension.
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References:
1. https://pathforwardlegal.com/colorado-speeding-laws-and-penalties/
2. https://leg.colorado.gov/content/penalties-speeding-violations
3. https://www.shouselaw.com/co/defense/laws/traffic/speeding/