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GUSTAFSON
LAW
OFFICE
SELECTED COLORADO TRAFFIC DEFINITIONS
TRAFFIC ENGINEER INFORMATION - STATE & MUNICIPAL
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WELCOME |
Phone (719)
260-1002 |
Fax
(719) 260-1003
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perhaps I will become your attorney
Address
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Robert D.
Gustafson * Attorney at Law * Colorado Springs
Business Hours
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Attorney
Availability
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Toll Free (800)
410-1002
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| DEFINITIONS |
DEFINITIONS |
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COLORADO CRIMINAL TRAFFIC OFFENSES |
COLORADO TRAFFIC INFRACTIONS |
COLORADO STATE COURTS & COLORADO
SPRINGS MUNICIPAL COURT
TRAFFIC ENGINEER - STATE &
MUNICIPAL
Colorado traffic & criminal trial practice 25+ years Colorado State Courts
& Colorado Springs Municipal Court |
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TRAFFIC ENGINEER & TRAFFIC SURVEY |
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FIRST CONSULTATION - NOTICE |
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Attorney
welcomes representation
inquiries however the purpose is
not to provide free legal advice to the general public. Unless
seeking to retain counsel, please do not email or call. Attorney
does not provide legal opinions, answers or information in response to
questions submitted from non-clients, & attorney is not the phone company
411 center for phone number information. Given the scope of internet
accessibility, I can not be the free "Colorado answer man" and will
politely decline such requests. |
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Traffic cases occur across Colorado - please refer to
attorney travel. |
Travel Policies & Trade Area
* Itemized
Travel Expenses
* Colorado Map |
common fees
have been quoted and information provided
attorney is prepared to provide legal representation |
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attorney
comparison is understandable, but before calling
please be
prepared to retain if I am counsel of your choice |
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Definitions - criminal traffic offense and traffic infraction definitions - Colorado State Courts and Colorado Springs Municipal Court, plus Colorado state traffic engineer & Colorado Springs traffic engineer. Colorado Springs Attorney Robert D. Gustafson criminal & traffic defense trial practice 25+ years in Colorado State Courts and Colorado Springs Municipal Court
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DEFINITIONS
some sections omitted |
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CRS 42-1-102. Definitions.
State
Statutes - CRS
- Some Sections Omitted
As used in articles 1 to 4 of this title, unless the context otherwise
requires:
(3) "Alley" means a street or highway intended to provide access to the
rear or side of lots or buildings in urban areas and not intended for the purpose of through vehicular traffic.
(8) "Automobile" means any motor vehicle.
(10) "Bicycle" means every vehicle propelled solely by human power applied
to pedals upon which any person may ride having two tandem wheels or two parallel wheels and one forward wheel, all of which are more than fourteen
inches in diameter.
(11) "Business district" means the territory contiguous to and including a
highway when within any six hundred feet along such highway there are buildings in use for business or industrial purposes, including but not
limited to motels, banks, office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side
or three hundred feet collectively on both sides of the highway.
(15) "Chauffeur" means every person who is employed for the principal
purpose of operating a motor vehicle and every person who drives a motor vehicle while in use as a public or common carrier of persons or property.
(18) "Controlled-access highway" means every highway, street, or roadway
in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points
only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.
(19) "Convicted" and "conviction" include conviction in any court of
record or any municipal court or acceptance of a penalty assessment notice and payment of the prescribed penalty in accordance with the provisions of
section 42-4-1701.
(20) "Court" means any municipal court, county court, district court, or
any court having jurisdiction over offenses against traffic regulations and laws.
(21) "Crosswalk" means that portion of a roadway ordinarily included
within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for
pedestrian crossing by lines or other marking on the surface.
(24) "Department" means the department of revenue of this state acting
directly or through its duly authorized officers and agents.
(25) "Divided highway" means a highway with separated roadways usually for
traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other
physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic
control devices as prescribed in the state traffic control manual.
(27) "Driver" means every person, including a minor driver under the age
of twenty-one years, who drives or is in actual physical control of a vehicle.
(32) "Explosives and hazardous materials" means any substance so defined
by the code of federal regulations, title 49, chapter 1, parts 173.50 through 173.389.
(39) "Garage" means any public building or place of business for the
storage or repair of automobiles.
(42) "High occupancy vehicle lane" means a lane designated pursuant to the
provisions of section 42-4-1012(1).
(43) "Highway" means the entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way
declared to be a public highway by any law of this state.
(45) "Intersection" means the area embraced within the prolongation of the
lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at,
right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway
includes two roadways thirty feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be
regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, every crossing of two
roadways of such highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an
intersection.
(46) "Lane" means the portion of a roadway for the movement of a single
line of vehicles.
(47) "Laned highway" means a highway the roadway of which is divided into
two or more clearly marked lanes for vehicular traffic.
(48) "Local authorities" means every county, municipal, and other local
board or body having authority to adopt local police regulations under the constitution and laws of this state.
(51) "Markings" means all lines, patterns, words, colors, or other
devices, except signs, set into the surface of, applied upon, or attached to the pavement or curbing or to objects within or adjacent to the roadway,
conforming to the state traffic control manual and officially placed for the purpose of regulating, warning, or guiding traffic.
(53) "Minor driver's license" means the license issued to a person who is
at least sixteen years of age but who has not yet attained the age of twenty-one years.
(55) "Motorcycle" means every motor vehicle designed to travel on not more
than three wheels in contact with the ground, except any such vehicle as may be included within the term "farm tractor" and except a motorized
bicycle as defined in paragraph (b) of subsection (59) of this section.
(56) "Motor-driven cycle" means every motorcycle, including every
motorscooter, with a motor which produces not to exceed six brake-horsepower and every bicycle with motor attached, but not trail
bikes, minibikes, go-carts, golf carts, and similar vehicles which are not designed for or approved by the department for use on the public roads or
highways and not motorized bicycles as defined in paragraph (b) of subsection (59) of this section.
(58) "Motor vehicle" means any self-propelled vehicle which is designed
primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways,
but the term does not include motorized bicycles as defined in paragraph (b) of subsection (59) of this section, wheelchairs as defined by
subsection (113) of this section, or vehicles moved solely by human power. "Motor vehicle" includes a neighborhood electric vehicle operated pursuant
to section 42-4-111(1) (aa). For the purposes of the offenses described in sections 42-2-128, 42-4-1301, and 42-4-1401 for farm tractors and
off-highway vehicles, as defined in section 33-14.5-101(3), C.R.S., operated on streets and highways, "motor vehicle" includes a farm tractor
or an off-highway vehicle which is not otherwise classified as a motor vehicle.
(59) (a) "Motorscooter" and "motorbicycle" mean every motor vehicle
designed to travel on not more than three wheels in contact with the ground, except any such vehicle as may be included within the term "farm
tractor" as defined in this section and any motorized bicycle as defined in paragraph (b) of this subsection (59), which motor vehicle is powered by an
engine of not to exceed six brake-horsepower.
(b) "Motorized bicycle" means a vehicle having two or three wheels, a cylinder capacity not exceeding 50 C.C., and an automatic transmission
which produces a maximum design speed of not more than thirty miles per hour on a flat surface.
(62) "Nonresident" means every person who is not a resident of this state.
(63) "Off-highway vehicle" shall have the same meaning as set forth in
section 33-14.5-101(3), C.R.S.
(64) "Official traffic control devices" means all signs, signals,
markings, and devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning, or guiding traffic.
(65) "Official traffic control signal" means any device, whether manually,
electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.
(66) "Owner" means a person who holds the legal title of a vehicle; or, if
a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions
stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or if a mortgagor of a vehicle is entitled
to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of articles 1 to 4 of this title. The term
also includes parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty days or more.
(67) "Park" or "parking" means the standing of a vehicle, whether occupied
or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers.
(68) "Pedestrian" means any person afoot or any person using a wheelchair.
(68.5) "Persistent drunk driver" means any person who has been convicted
of or had his or her driver's license revoked for two or more alcohol-related driving violations; who continues to drive after driver's
license or driving privilege restraint has been imposed for one or more alcohol-related driving offenses; or who drives a motor vehicle while the
amount of alcohol in such person's blood, as shown by analysis of the person's blood or breath, was 0.20 or more grams of alcohol per one hundred
milliliters of blood or 0.20 or more grams of alcohol per two hundred ten liters of breath at the time of driving or within two hours after driving.
Nothing in this subsection (68.5) shall be interpreted to affect the penalties imposed under this title for multiple alcohol- or drug-related
driving offenses, including, but not limited to, penalties imposed for violations under sections 42-2-125(1)(g) and (1)(i) and 42-2-202(2).
(69) "Person" means every natural person, firm, copartnership,
association, or corporation.
(72) "Police officer" means every officer authorized to direct or regulate
traffic or to make arrests for violations of traffic regulations.
(73) "Private road" or "driveway" means every road or driveway not open to
the use of the public for purposes of vehicular travel.
(74)(a) "Provisional driver's license" means the license issued to a
person who is at least eighteen years of age but who has not yet attained the age of twenty-one years. Any provisional license issued on or before
June 30, 2001, shall be deemed to be a minor driver's license.
(80) "Residence district" means the territory contiguous to and including
a highway not comprising a business district when the frontage on such highway for a distance of three hundred feet or more is mainly occupied by
dwellings or by dwellings and buildings in use for business.
(81) "Resident" means any person who owns or operates any business in this
state or any person who has resided within this state continuously for a period of ninety days or has obtained gainful employment within this state,
whichever shall occur first.
(82) "Right-of-way" means the right of one vehicle operator or pedestrian
to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and
proximity as to give rise to danger of collision unless one grants precedence to the other.
(83) "Road" means any highway.
(85) "Roadway" means that portion of a highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons
riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or
reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate
roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.
(87) "Safety zone" means the area or space officially set aside within a
highway for the exclusive use of pedestrians and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while
set apart as a safety zone.
(88) "School bus" means every motor vehicle which is owned by or under
contract to a public or governmental agency and operated for the transportation of children to or from school or any school-sponsored
activities, or which is privately owned and operated for compensation but it does not include informal or intermittent arrangements, such as sharing
of actual gasoline expense or participation in a car pool, for the transportation of children to or from school or any school-sponsored
activities.
(90) "Sidewalk" means that portion of a street between the curb lines or
the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
(94) "Stand" or "standing" means the halting of a vehicle, whether
occupied or not, other than momentarily for the purpose of and while actually engaged in receiving or discharging passengers.
(95) "State" means a state, territory, organized or unorganized, or
district of the United States.
(96) "State motor vehicle licensing agency" means the department of
revenue.
(97) "State traffic control manual" means the most recent edition of the
"Manual on Uniform Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted by the transportation
commission.
(100) "Stop" or "stopping" means, when prohibited, any halting, even
momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions
of a police officer or official traffic control device.
(101) "Stop line" or "limit line" means a line which indicates where
drivers shall stop when directed by an official traffic control device or a police officer.
(103) "Through highway" means every highway or portion thereof on which
vehicular traffic is given preferential right-of-way and at the entrances to which other vehicular traffic from intersecting highways is required by
law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield sign, or other official traffic control
device when such signs or devices are erected as provided by law.
(104) "Traffic" means pedestrians, ridden or herded animals, and vehicles,
streetcars, and other conveyances either singly or together while using any highway for the purposes of travel.
(108) "Truck" means any motor vehicle equipped with a body designed to
carry property and which is generally and commonly used to carry and transport property over the public highways.
(112) "Vehicle" means any device which is capable of moving itself, or of
being moved, from place to place upon wheels or endless tracks. "Vehicle" includes any bicycle, but such term does not include any wheelchair as
defined by subsection (113) of this section, or any off-highway vehicle, snowmobile, any farm tractor, or any implement of husbandry designed
primarily or exclusively for use and used in agricultural operations or any device moved by muscular power or moved exclusively over stationary rails
or tracks or designed to move primarily through the air.
(113) "Wheelchair" means a motorized or nonmotorized wheeled device
designed for use by a person with a physical disability.

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DEFINITIONS
some sections omitted |
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SPRINGS MUNICIPAL COURT |
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10.1.201: CONSTRUCTION OF WORDS.
Colorado
Springs City Ordinances
- Some Sections Omitted
A. The following terms shall have the meanings as stated, unless the context specifically indicates otherwise, or unless the meaning is excluded by express provision, any State law shall apply to the words and phrases.
B. Whenever any words and phrases are not defined in section 10.1.202 of this part but are defined in the State laws regulating the operation of vehicles 1 , any State law shall apply to the words and phrases. (Ord. 85-263; Ord. 01-42)
10.1.202: DEFINITIONS.
Colorado
Springs City Ordinances
- Some Sections Omitted
ACCIDENT: Any event that results in unintended injury, either fatal or nonfatal, or any property damage attributable directly or indirectly to the motion of a motor vehicle or its load.
ALLEY OR ALLEYWAY: A narrow minor street, usually without sidewalks, on which the rears of buildings customarily adjoin.
BICYCLE: Every device propelled by human power upon which any person may ride, having two (2) or more wheels, any of which is more than fourteen inches (14") in diameter.
BUS: Every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle other than a taxicab, designed and used for the transportation of persons for compensation.
BUS STAND OR STOP: A designated area adjacent to a curb or edge of the roadway assigned for the use of buses during the loading or unloading of passengers.
BUSINESS DISTRICT: The territory contiguous to a street or highway when fifty percent (50%) or more of the frontage for a distance of three hundred feet (300') or more is occupied by buildings in use for business.
CENTERLINE: A line either marked or unmarked dividing the roadway between traffic moving in opposite directions.
CONTROLLED ACCESS STREET OR HIGHWAY: Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at the points only and in a manner as may be determined by the public authority having jurisdiction over the highway, street or roadway.
COURT: The Municipal Court of the City.
CROSSWALK: That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or markings on the surface.
DIVIDED HIGHWAY: A highway with separated roadways for traffic in opposite directions, the separation being indicated by depressed dividing strips, raised curbings, traffic islands or other physical separations, or indicated by standard pavement markings or other official traffic control devices.
DRIVER: Every person who drives or is in actual physical control of a vehicle.
INTERSECTION:
A. The area embraced within the prolongation of lateral curb lines or, if none, then the lateral boundary lines of two (2) or more streets or highways which join one another at an angle, whether or not one street or highway crosses the other.
B. Where a street or highway includes two (2) roadways thirty feet (30') or more apart, then every crossing of each roadway of the divided street or highway by an intersecting street or highway shall be regarded as a separate intersection.
C. In the event the intersecting street or highway also includes two (2) roadways thirty feet (30') or more apart, then every crossing of two (2) or more roadways of the streets or highways shall be regarded as a separate intersection. The junction of an alley with a street or highway does not constitute an intersection.
LANE: The portion of a roadway for the movement of a single line of vehicles.
LANE DIRECTION CONTROL SIGNAL: A traffic control signal which is erected to control the direction of vehicular traffic movement in an individual lane.
LANE LINE: A line other than a centerline separating two (2) lanes of traffic moving in the same direction.
LANED STREET OR HIGHWAY: A street or highway, the roadway of which is divided into two (2) or more clearly marked lanes for vehicular traffic.
MARKINGS: All lines, patterns, words, colors or other devices, except signs, set into the surface of, applied upon or attached to the pavement or curbing or to objects within or adjacent to the roadway, conforming to State standards as required by law and officially placed for the purpose of regulating, warning or guiding traffic.
MEDIAN OR CENTRAL DIVIDING STRIP: That portion of a divided street or highway separating the traveled ways for traffic in opposite directions.
MOTOR DRIVEN CYCLE: Every motorcycle, including every motor scooter, with a motor which produces not to exceed six (6) brake horsepower, and every bicycle with motor attached, but not trail bikes, minibikes, go-carts, golf carts and similar vehicles which are not designed for, or approved by the Department of Revenue for use on the public roads or highways, and not "motorized bicycles" as defined in this section.
MOTOR VEHICLE: Any self-propelled vehicle which is designed primarily for travel on the public highways and which is generally and commonly used to transport persons and/or property over the public highways. This term shall include "recreational vehicle" as defined in this section.
MOTORCYCLE: Every motor vehicle designed to travel on not more than three (3) wheels in contact with the ground except any vehicle as may be included within the term "farm tractor" as herein defined.
MOTORIZED BICYCLE: A vehicle having two (2) or three (3) wheels with operable pedals which may be propelled by human power or helper motor, or both, with a motor rated no more than two (2) brake horsepower, a cylinder capacity not exceeding fifty (50) cc, and an automatic transmission which produces a maximum design speed of not more than thirty (30) miles per hour on a flat surface.
OFFICIAL TRAFFIC CONTROL DEVICES: All signs, signals, markings and devices consistent with statute or this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
OWNER: A person who holds the legal title of a vehicle or, in the event a vehicle is the subject of any agreement for the conditional sale or lease thereof, a person with the right of purchase upon performance of the conditions stated in the agreement and with the immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner, or parties otherwise having lawful use or control or the right to use or control a vehicle for a period of thirty (30) days or more.
PEDESTRIAN: Any person afoot.
PEDESTRIAN CONTROL SIGNAL: A traffic control signal which is erected for the exclusive purpose of directing pedestrian traffic at that location.
POLICE OFFICER: Every officer authorized to direct or regulate traffic or to make arrest for violations of traffic regulations.
PRIVATE ROAD OR DRIVEWAY: Every road or driveway not open to the use of the public for purposes of vehicular travel.
PUBLIC PLACE: A place to which the public or a substantial part of the public has access, including streets, highways, transportation facilities, schools, places of amusement, parks, playgrounds and the common areas of public and private buildings and facilities, including parking lots or any other area intended for use by the public.
RECREATIONAL VEHICLE: A vehicle designed to be used primarily as temporary living quarters for recreational, camping, travel or seasonal use that either has its own motor power or is mounted on or towed by another vehicle. "Recreational vehicle" includes camping trailers, fifth wheel trailers, motor homes, travel trailers, truck campers, watercraft and snowmobiles.
RIGHT OF WAY: The privilege of the immediate use of the street or highway by pedestrians or vehicles, this being the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under the circumstances or direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel exclusive of the berm or shoulder. In the event a street or highway includes two (2) or more separate roadways, the term "roadway" shall refer to any roadway separately but not to all roadways collectively.
SAFETY ZONE: The area or space officially set aside within a street or highway for the exclusive use of pedestrians or bicycles and which is so plainly marked or indicated by proper signs as to be plainly visible at all times while set apart as a safety zone.


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COLORADO STATE TRAFFIC
ENGINEER
authority & duties |
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CRS 42-4-1102. Altering of speed limits.
(1) (a) Whenever the department of transportation determines upon the basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof that any speed specified or established as authorized under
CRS 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a state highway under its jurisdiction, said department shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto; except that no speed limit in excess of seventy-five miles per hour shall be authorized by said department.
(b) Repealed.
(2) Whenever county or municipal authorities within their respective jurisdictions determine upon the basis of a traffic investigation or survey, or upon the basis of appropriate design standards and projected traffic volumes in the case of newly constructed highways or segments thereof, that any speed specified or established as authorized under
CRS 42-4-1101 to 42-4-1104 is greater or less than is reasonable or safe under the road and traffic conditions at any intersection or other place or upon any part of a street or highway in its jurisdiction, said local authority shall determine and declare a reasonable and safe speed limit thereat which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or upon the approaches thereto. No such local authority shall have the power to alter the basic rules set forth in
CRS 42-4-1101 (1) or in any event to authorize by resolution or ordinance a speed in excess of seventy-five miles per hour.
(3) Local municipal authorities within their respective jurisdictions shall determine upon the basis of a traffic investigation or survey the proper speed for all arterial streets and shall declare a reasonable and safe speed limit thereon which may be greater or less than the speed specified under
CRS 42-4-1101 (2) (b) or (2) (c). Such speed limit shall not exceed seventy-five miles per hour and shall become effective when appropriate signs are erected giving notice thereof. For purposes of this subsection (3), an "arterial street" means any United States or state-numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
(4) No alteration of speed limits on state highways within cities, cities and counties, and incorporated towns shall be effective until such alteration has been approved in writing by the department of transportation. Upon the request of any incorporated city or town having a population of five thousand or less, the department of transportation shall conduct any traffic investigation or survey that is deemed to be warranted for determination of a safe and reasonable speed limit on any street or portion thereof that is a state highway. Any speed limit so determined by said department shall then become effective when declared by the local authority and made known by official signs conforming to the state traffic control manual.
(5) Whenever the department of transportation or local authorities, within their respective jurisdictions, determine upon the basis of a traffic investigation or survey that a reduced speed limit is warranted in a school or construction area or other place during certain hours or periods of the day when special or temporary hazards exist, the department or the concerned local authority may erect or display official signs of a type prescribed in the state traffic control manual giving notice of the appropriate speed limit for such conditions and stating the time or period the regulation is effective. When such signs are erected or displayed, the lawful speed limit at the particular time and place shall be that which is then indicated upon such signs; except that no such speed limit shall be less than twenty miles per hour on a state highway or other arterial street as defined in subsection (3) of this section nor less than fifteen miles per hour on any other road or street, nor shall any such reduced speed limit be made applicable at times when the special conditions for which it is imposed cease to exist. Such reduced speed limits on streets which are state highways shall be subject to the written approval of the department of transportation before becoming effective.
(6) In its discretion, a municipality, by ordinance, or a county, by resolution of the board of county commissioners, may impose and enforce stop sign regulations and speed limits, not inconsistent with the provisions of
CRS 42-4-1101 to 42-4-1104, upon any way which is open to travel by motor vehicles and which is privately maintained in mobile home parks, when appropriate signs giving notice of such enforcement are erected at the entrances to such ways. Unless there is an agreement to the contrary, the jurisdiction ordering the regulations shall be responsible for the erection and maintenance of the signs.
(7) Any powers granted in this section to county or municipal authorities may be exercised by such authorities or by any municipal officer or employee who is designated by ordinance to exercise such powers.
What does all this mean?
A state, county or municipal department of
transportation may not arbitrarily set a speed limit - there must be a survey as
a basis.

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10.1.309: DUTIES AND POWERS OF TRAFFIC
ENGINEER
Colorado
Springs City Ordinances
It shall be the general duty of the Traffic Engineer to determine the installation and proper timing and maintenance of official traffic-control devices, to conduct analyses of traffic accidents and to devise remedial or corrective measures, to conduct investigation of traffic conditions, to plan the operation of traffic on the streets and highways of this City, and to cooperate with other City officials in the development of ways and means to improve traffic conditions and to carry out the additional powers and duties as are imposed by this chapter. By way of example, but not by way of limitation, the Traffic Engineer is authorized, consistent with the provisions of this chapter, to act as follows:
A.
Install, maintain and remove traffic-control devices;
B.
Designate and mark medians in traffic islands;
C.
Conduct speed zoning studies and post speed limits;
D.
Designate minimum speed as provided by law;
E.
Regulate speed and traffic movement by traffic signals and provide for the synchronization of the signals wherever practicable;
F.
Designate one-way streets and roadways;
G.
Designate through streets or roadways and control entrances;
H.
Designate stop or yield intersections and erect stop or yield signs;
I.
Establish restrictions, prohibitions and regulations for the parking, standing or stopping of vehicles;
J.
Designate parking zones for taxicabs, press, television, radio cars and the like;
K.
Establish tow-away zones;
L.
Designate upon which streets angle parking shall be permitted;
M.
Designate and sign intersections at which drivers shall not make a right or left turn, a U-turn or any turn at all times or during certain times;
N.
Designate and sign intersections where multiple turns shall be allowed;
O. Mark centerlines and lane lines and place other pavement markings necessary for the regulation and control of traffic;
P.
Install and maintain crosswalks at intersections or other places where there is particular danger to pedestrians crossing the roadway;
Q.
Establish safety zones at places where necessary for pedestrian protection;
R.
Install pedestrian-control signals and designate those crossings where angle crossing by pedestrians shall be permitted;
S.
Establish play streets;
T.
Establish truck routes upon the recommendation of the truck route committee; and establish truck loading zones;
U.
Designate and sign those streets and roadways where pedestrians, bicyclists or other nonmotorized traffic, or persons operating a motor-driven cycle shall be excluded as provided by law;
V.
Designate and sign those streets upon which vehicles or loads of a certain weight or size shall be restricted;
W.
Provide for temporary street or alley closures by the erection of barricades;
X.
Issue special permits for parking, stopping or standing, for curb loading operations, for the movement of vehicles having excess size or weight, for the movement of trucks on restricted routes or prohibited routes.
Y.
Designate school zones;
Z. The Traffic Engineer may charge appropriate traffic control fees. (1968 Code §6-26-9;
Ord. 75-86; Ord. 79-32; Ord. 85-263; Ord. 01-42; Ord. 02-42)

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NOTICE
- SIGNAGE SIZE AND PLACEMENT |
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COLORADO STATE LAW
state law controls - preemption |
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CRS 42-1-102. Definitions - repeal. As used in articles 1 to 4 of this title, unless the context otherwise requires:
(97) "State traffic control manual" means the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways", including any supplement thereto, as adopted by the transportation commission.
CRS 42-4-104. Adoption of traffic control manual.
The department of transportation shall adopt a manual and specifications for a uniform system of traffic control devices consistent with the provisions of this article for use upon highways within this state. Such uniform system shall correlate with and insofar as possible conform to the system set forth in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" and other related standards issued or endorsed by the federal highway administrator. For compliance with this section, the said department shall either publish and distribute a state manual and specifications approved by the transportation commission or shall, by the issuance of a traffic control manual supplement approved by the transportation commission, adopt the said national manual and other related standards subject to such exceptions, additions, and adaptations as are necessary for lawful and uniform application in this state. Said state manual or supplement shall be made available to all municipal and county road authorities and to other concerned agencies in the state.
CRS 42-4-105. Local traffic control devices.
Local authorities in their respective jurisdictions shall place and maintain such traffic control devices upon highways under their jurisdiction as they may deem necessary to indicate and to carry out the provisions of this article or local traffic ordinances or to regulate, warn, or guide traffic, subject in the case of state highways to the provisions of
CRS 42-4-110 and 43-2-135 (1) (g). All such traffic control devices shall conform to the state manual and specifications for statewide uniformity as provided in
CRS 42-4-104.
CRS 42-4-601. Department to sign highways, where.
(1) The department of transportation shall place and maintain such traffic control devices, conforming to its manual and specifications, upon state highways as it deems necessary to indicate and to carry out the provisions of this article or to regulate, warn, or guide traffic.
(2) No local authority shall place or maintain any traffic control device upon any highway under the jurisdiction of the department of transportation except by the latter's permission.
CRS 42-4-602. Local traffic control devices.
(1) No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation.
(2) Where practical no local authority shall maintain three traffic control signals located on a roadway so as to be within one minute's driving time (to be determined by the speed limit) from any one of the signals to the other without synchronizing the lights to enhance the flow of traffic and thereby reduce air pollution.
What does all this mean? Regulatory and advisory roadway signage must
conform to a manual - standardized with respect to size, color and
placement. Colorado utilizes the U.S.
DOT Traffic Control Manuals.
What are the manual titles and where do I find the manuals?
refer to
U.S. DOT Traffic
Control Manuals


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LOSS OF COLORADO
DRIVING PRIVILEGES |
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Driving in Colorado is
a constitutionally protected privilege, but nevertheless a privilege
which may be lost. Multiple statutes can cause loss of driving
privileges for different driver behavior. Drivers are entitled
to a
DMV hearing. In some circumstances the right to hearing
precedes potential DMV adverse action; under other Colorado traffic
laws the adverse order is entered, then the driver is provided notice
of the adverse action and right to request subsequent hearing.
If hearing has been held or a DMV final order has otherwise
entered and the Colorado driver's license or Colorado driving privileges have
been suspended, revoked or denied, the driver's remaining recourse is appeal to
the District
Court.
DMV appeal is subject to a
statute of limitations. Right to
appeal may be lost if the driver delays. Upon final order in the District
Court, either party make take the case on appeal to the
Colorado Court of
Appeals. Refer to links for additional information. |
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ATTORNEY
REPRESENTATION
AND DECLINED MATTERS
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ALTERNATIVES
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FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a
lawyer links provided as a courtesy
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Attorney
Policies
Litigant Pro Se - Attempt to
Prepare Defense of Own Traffic or Criminal Case |
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1.
Adequate Time. If sufficient time exists to adequately prepare your case and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept defense representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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2.
Insufficient Time. If you've waited until the eleventh hour and there is not
sufficient time to adequately prepare your case or defense before a contested
court proceeding, please do not call. I decline. |
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3.
Limited Assistance.
Please do not call requesting instruction, directions, legal theory,
forms completion or limited document drafting, partial representation, or an explanation of
applicable law to assist you in preparation or defense of your own case. I decline. |
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Attorney
Policies
Representation
by Previous Attorney
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1.
Current Attorney.
Until an order has entered withdrawing representation by an
attorney, an ethical rule violation exists if counsel
knowingly speaks to another attorney's client without current
attorney's consent. This ethical rule governs all
attorneys. Please do not call until after
you have terminated representation by a former attorney.
After
other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."
Please be aware fees and costs will be associated with procuring the court
file and coming up to speed in the case. |
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2.
Adequate Time.
If prospective client terminates employment of the
former attorney, if sufficient time exists to adequately prepare your
traffic or criminal case, and if prospective client approves this
attorney's fees and costs structure, attorney will
likely accept representation. This shall
not constitute an offer of representation; attorney and
prospective client retain discretion through
first
consultation. |
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3.
Insufficient Time.
If you've waited until the eleventh hour and there is
not sufficient time to adequately prepare your case or
defense before a contested court proceeding, please do
not call. I decline. |
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4.
Second Opinion.
I will not arm chair quarterback another
attorney's case preparation, trial tactics or theory of
the case. Please do not call for a second
opinion or an opinion regarding the competence
of preparation or defense in your current
traffic or criminal case. I decline. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED SENTENCE
REVOCATION * APPEALS |
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Post
Sentencing. I do not accept post sentencing
matters in any criminal, DUI or traffic case unless I provided
representation during the case in chief at the trial court level
and am familiar with the facts,
testimony and exhibits received into evidence, meritorious issues
& rulings. That's been my policy for years. Please do
not call or inquire regarding post sentencing matters if you are
not a former client.
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This
includes plea to
domestic
violence or other
criminal charge,
DUI,
DEAC
or DWAI charge or other
traffic
charge and probation,
deferred sentence,
parole or incarceration or
revocation proceedings based upon alleged failure to comply. |
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Exceptions.
If the underlying criminal case qualifies, refer to
sealing
criminal records. I accept meritorious sealing cases
regardless of whether or not you are a former client. NOTICE:
alcohol related traffic offenses, other traffic offenses or traffic
infractions are a specifically excluded in the
sealing
statute and can not be sealed. If relevant, I also accept
meritorious
collateral
attack cases.
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ATTORNEY
TRADE AREA & TRAVEL
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC
DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big
state
ease of internet access, email & toll free phone doesn't change
that fact |
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Attorney
is very willing to travel outside the Colorado Springs area to present
or defend a case,
but please be aware travel time, mileage and expense would apply. If you are out of state or unfamiliar with Colorado
geography, refer to the map to determine where
Colorado Springs is
located in relation to the county of your court case or hearing. |
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Southern Colorado Area |
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If travel is
necessary, a
trust deposit
would be required to cover anticipated travel time, mileage &
expenses. If it is not economically justifiable to retain
my services with travel, please contact counsel in the locale of
your case. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso
County |
Colorado Springs / Manitou
Springs / Fountain |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Chaffee
County |
Salida |
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Crowley
County |
Ordway |
Metro Denver Area |
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Custer
County |
Westcliffe |
COUNTIES |
CITIES / TOWNS |
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Douglas
County |
Castle Rock |
City and County of Denver |
Denver |
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Elbert
County |
Kiowa / Simla |
Adams County |
Brighton / Thornton / Federal
Heights |
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Fremont
County |
Canon City / Florence / Penrose |
Arapahoe
County
Court
District Court |
Littleton / Centennial /
Englewood |
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Huerfano County |
Walsenburg |
Arapahoe County - East |
Aurora |
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Las
Animas County |
Trinidad |
Broomfield County |
Broomfield |
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Lincoln
County |
Hugo (county seat) / Limon |
Gilpin
County |
Blackhawk / Central City |
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Otero
County |
La Junta |
Jefferson County |
Golden / Wheat Ridge |
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Park
County |
Fairplay |
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Pueblo
County |
Pueblo |
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Teller
County |
Cripple Creek / Woodland Park |
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| please
feel free to call or email if you are a client or are seeking representation |
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FREE
INITIAL CONSULTATION
not an offer for free legal
advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve
the right to decline any legal matter |


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definition, definitions, traffic offense,
traffic infraction, Colorado state courts, Colorado Springs Municipal
Court, ticket, traffic ticket, CRS, Municipal Code, Municipal Ordinances, traffic engineer,
survey, traffic survey, traffic engineer survey,
Colorado Springs, El Paso County, Colorado, lawyer, attorney
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Serving Colorado Springs Area Zip
Codes |
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| 80918 80920 80919 80917 80915
80908 80132 80909 80913 80916 80921 80922 80925 80901 80902 80903 80904 |
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80905 80906 80907 80910 80911 80912
80914 80921 80926 80928 80929 80930 80931 80933 80934 80935 80936 |
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80937 80940 80941 80942 80943 80944 80945
80946 80947 80949 80950 80960 80962 80970 80977 80995 90997 |

Copyright © 2005 - All Rights Reserved - Document
Revised: January 27, 2010
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images
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