2023 Colorado Revised Statutes › Title 42 - VEHICLES AND TRAFFIC (§§ 42-1-101 — 42-21-106) › REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Article 4 - REGULATION OF VEHICLES AND TRAFFIC (§§ 42-4-101 — 42-4-2501) › Part 17 - PENALTIES AND PROCEDURE (§§ 42-4-1701 — 42-4-1719) › Section 42-4-1710 - Failure to pay penalty for traffic infractions - failure of parent or guardian to sign penalty assessment notice - procedures

(1)
(a)
Unless a person who has been cited for a traffic infraction pays the penalty assessment as provided in this article and surcharge thereon pursuant to sections
24-4.1-119 (1)(f)
and
24-4.2-104 (1)
, C.R.S., the person shall appear at a hearing on the date and time specified in the citation and answer the complaint against such person.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (1) and section
42-4-1701 (5)
, a minor under the age of eighteen years shall be required to appear at a hearing on the date and time specified in the citation and answer the complaint if the penalty assessment was timely paid but not signed and notarized in the manner required by section
42-4-1707 (3)
(a.5) or
42-4-1709
(1.5).
(1.5)
If a minor under the age of eighteen years is required to appear at a hearing pursuant to subsection (1) of this section, the minor shall so inform his or her parent or legal guardian, and the parent or legal guardian shall also be required to appear at the hearing.
(2)
If the violator answers that he or she is guilty or if the violator fails to appear for the hearing, judgment shall be entered against the violator.
(3)
If the violator denies the allegations in the complaint, a final hearing on the complaint shall be held subject to the provisions regarding a speedy trial which are contained in section
18-1-405
, C.R.S. If the violator is found guilty or liable at such final hearing or if the violator fails to appear for a final hearing, judgment shall be entered against the violator.
(4)
(a)
(I)
(A)
If judgment is entered against a violator, the violator shall be assessed an appropriate penalty and surcharge thereon, a docket fee of sixteen dollars, and other applicable costs authorized by section
13-16-122 (1)
, C.R.S. If the violator had been cited by a penalty assessment notice, the penalty shall be assessed pursuant to section
42-4-1701 (4)(a)
. If a penalty assessment notice is prohibited by section
42-4-1701 (5)(c)
, the penalty shall be assessed pursuant to section
42-4-1701 (3)(a)
.
(B)
On and after July 1, 2008, all docket fees collected under this subparagraph (I) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section
13-32-101 (6)
, C.R.S.
(II)
On and after June 6, 2003, the docket fee assessed in subsection (4)(a)(I) of this section is increased by three dollars. The additional revenue generated by the docket fee shall be transmitted to the state treasurer for deposit in the state commission on judicial performance cash fund created in section
13-5.5-115
.
(a.5)
Pursuant to section
13-1-204 (1)(b)
, C.R.S., a five-dollar surcharge, in addition to the original surcharge described in paragraph (a) of this subsection (4), shall be assessed and collected on each docket fee that is described in paragraph (a) of this subsection (4) concerning penalties assessed on and after July 1, 2007.
(b)
In no event shall a bench warrant be issued for the arrest of any person who fails to appear for a hearing pursuant to subsection (1.5) or (2) of this section or for a final hearing pursuant to subsection (3) of this section. Except as otherwise provided in section
42-4-1716
, entry of judgment and assessment of the penalty and surcharge pursuant to paragraph (a) of this subsection (4) and any penalties imposed pursuant to section
42-2-127
shall constitute the sole penalties for failure to appear for either the hearing or the final hearing.
Amended by 2017 Ch. 331, § 5, eff. 8/9/2017.
L. 94: Entire title amended with relocations, p. 2424, § 1, effective 1/1/1995. L. 98: (4) amended, p. 1433, § 1, effective July 1. L. 2003: (4)(a) amended, p. 2671, § 2, effective June 6. L. 2004: (1) and (4)(b) amended and (1.5) added, p. 1335, § 8, effective 7/1/2005. L. 2007: (4)(a.5) added, p. 1269, § 8, effective May 25; (4)(a)(I) amended, p. 1539, § 33, effective May 31; (1)(a) amended, p. 1122, § 8, effective July 1. L. 2008: (4)(a)(I)(B) amended, p. 2148, § 26, effective June 4. L. 2017: (4)(a)(II) amended, (HB 17-1303), ch. 331, p. 1780, § 5, effective August 9.
This section is similar to former § 42-4-1505.7 as it existed prior to 1994.
For the legislative declaration contained in the 2008 act amending subsection (4)(a)(I)(B), see section 1 of chapter 417, Session Laws of Colorado 2008.