2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 2.3 - CIVIL INFRACTIONS (§§ 16-2.3-101 — 16-2.3-106) › Section 16-2.3-105 - Civil infractions - proper court for hearing - burden of proof - appeal - collateral attack

(1)
A county court magistrate appointed pursuant to part 5 of article
6
of title
13
, or a county judge acting as a magistrate, shall conduct the hearing in a county court for the adjudication of a civil infraction; except that, if the charge includes a crime and civil infraction in the same summons and complaint, all charges must be made returnable before a judge or magistrate who has jurisdiction over the crime. The Colorado rules of criminal procedure apply in a case that contains both a crime and a civil infraction.
(2)
When a court of competent jurisdiction determines that a person charged with a misdemeanor or petty offense is guilty of a lesser included offense that is a civil infraction, the court may enter a judgment as to the lesser included offense.
(3)
In a civil infraction case, the burden of proof is on the people, and the magistrate shall enter judgment in favor of the person unless the people prove the liability of the person beyond a reasonable doubt. The district attorney or a district attorney's deputy may, but is not required to, at the district attorney's discretion, enter a civil infraction case for the purpose of attempting to negotiate a plea to a lesser offense, reduced penalty, or a stipulation to pretrial diversion or deferred judgment and sentence. The district attorney shall not represent the state at hearings conducted by a magistrate or a county judge acting as a magistrate on civil infraction matters. The magistrate or county judge acting as a magistrate may call and question any witness and shall act as the fact finder at hearings on civil infraction matters.
(4)
An appeal from final judgment on a civil infraction matter must be taken to the district court for the county where the magistrate or judge acting as magistrate is located.
(5)
(a)
Except as otherwise provided in subsection (5)(b) of this section, a person against whom a judgment is entered for a civil infraction may not collaterally attack the validity of that judgment unless the person commences the attack within six months after the date of entry of the judgment.
(b)
In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitation specified in subsection (5)(a) of this section are cases in which the court hearing the collateral attack finds:
(I)
That the court entering judgment did not have jurisdiction over the subject matter of the alleged civil infraction;
(II)
That the court entering judgment did not have jurisdiction over the person;
(III)
By a preponderance of the evidence, that the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of an adjudication of incompetence or by commitment or certification of the violator to an institution for treatment as a person with a behavioral health disorder; or
(IV)
That the failure to seek relief within the time limitation specified in subsection (5)(a) of this section was the result of circumstances amounting to justifiable excuse or excusable neglect.
Added by 2022 Ch. 68,§1, eff. 3/1/2022.