CO Code § 42-4-1705 (2021)
2021 Colorado Code|Title 42 - Vehicles and Traffic|Article 4 - Regulation of Vehicles and Traffic|Part 17 - Penalties and Procedure|§ 42-4-1705. Person Arrested to Be Taken Before the Proper Court

  Whenever a person is arrested for any violation of this article punishable as a misdemeanor, the arrested person shall be taken without unnecessary delay before a county judge who has jurisdiction of such offense as provided by law, in any of the following cases:   When a person arrested demands an appearance without unnecessary delay before a judge;    When the person is arrested and charged with an offense under this article causing or contributing to an accident resulting in injury or death to any person;    When the person is arrested and charged with DUI, DUI per se, or UDD;    When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries, or damage to property;    In any other event when the provisions of section 42-4-1701 (5)(b) and (5)(c) apply and the person arrested refuses to give a written promise to appear in court as provided in section 42-4-1707.       Whenever any person is arrested by a police officer for any violation of this article punishable as a misdemeanor and is not required to be taken before a county judge as provided in subsection (1) of this section, the arrested person shall, in the discretion of the officer, either be given a written notice or summons to appear in court as provided in section 42-4-1707 or be taken without unnecessary delay before a county judge who has jurisdiction of such offense when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds. (2.5) In any case in which the arrested person that is taken before a county judge pursuant to subsection (1) or (2) of this section is a child, as defined in section 19-1-103 (18) , C.R.S., the provisions of section 42-4-1706 (2) shall apply.    Any other provision of law to the contrary notwithstanding, a police officer may place a person who has been arrested and charged with DUI, DUI per se, or UDD and who has been given a written notice or summons to appear in court as provided in section 42-4-1707 in a state-approved treatment facility for alcohol use disorders even though entry or other record of such arrest and charge has been made. Placement is governed by article 81 of title 27, except where in conflict with this section.     History. Source: L. 94: Entire title amended with relocations, p. 2418, § 1, effective January 1, 1995. L. 2004: (2.5) added, p. 1332, § 3, effective July 1, 2005. L. 2008: (1)(c) and (3) amended, p. 253, § 22, effective July 1. L. 2010: (3) amended, (SB 10-175), ch. 188, p. 809, § 89, effective April 29. L. 2013: (1)(c) amended, (HB 13-1325), ch. 331, p. 1887, § 17, effective May 28. L. 2018: (3) amended, (SB 18-091), ch. 35, p. 390, § 36, effective August 8.    Editor's note:   This section is similar to former § 42-4-1504 as it existed prior to 1994, and the former § 42-4-1705 was relocated to § 43-5-505 .   Cross references:   For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.   ANNOTATION   Annotator's note. Since § 42-4-1705 is similar to § 42-4-1504 as it existed prior to the 1994 amending of title 42 as enacted by SB 94-1, relevant cases construing that provision have been included with the annotations to this section.   Appearance required relative to criminal prosecution. The requirement in this section for an appearance before the county court is a postarrest requirement relative to the criminal prosecution for driving under the influence and has no bearing upon a civil proceeding under the implied consent statute. Ayala v. Colo. Dept. of Rev., 43 Colo. App. 357, 603 P.2d 979 .   Applied in Stortz v. Colo. Dept. of Rev., 195 Colo. 325 , 578 P.2d 229 (1978).