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 42-4-1705 - Person arrested to be taken before the proper court

(1)
Whenever a person is arrested for any violation of this article 4 punishable as a misdemeanor, the arrested person must 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:
(a)
When a person arrested demands an appearance without unnecessary delay before a judge;
(b)
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;
(c)
When the person is arrested and charged with DUI, DUI per se, or UDD;
(d)
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;
(e)
In any other event when the provisions of section
42-4-1701 (5)(b) and (5)(c)
apply.
(2)
Whenever any person is arrested by a police officer for any violation of this article 4 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 must, 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 not 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 who 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
, section
42-4-1706 (2)
applies.
(3)
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.
Amended by 2022 Ch. 53, § 1, eff. 8/10/2022.
Amended by 2021 Ch. 136, § 140, eff. 10/1/2021.
Amended by 2018 Ch. 35, § 36, eff. 8/8/2018.
Amended by 2013 Ch. 331, § 17, eff. 5/28/2013.
L. 94: Entire title amended with relocations, p. 2418, § 1, effective 1/1/1995. L. 2004: (2.5) added, p. 1332, § 3, effective 7/1/2005. L. 2008: (1)(c) and (3) amended, p. 253, § 22, effective July 1. L. 2010: (3) amended, (SB 10-175), ch. 809, p. 809, § 89, effective April 29. L. 2013: (1)(c) amended, (HB 13-1325), ch. 1887, p. 1887, § 17, effective May 28. L. 2018: (3) amended, (SB 18 -091), ch. 390, p. 390, § 36, effective August 8. L. 2021: (2.5) amended, (SB 21-059), ch. 752, p. 752, § 140, effective October 1.
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
.
2022 Ch. 53, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.