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WEAVING
Roadways Laned for Traffic
TRAFFIC INFRACTION
3
Points |
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CRS 42-4-1007. Driving on roadways laned for
traffic
aka failure to stay in a single lane
(1) Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this section shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
(b) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to the traffic moving in the direction the vehicle is proceeding and is designated by official traffic control devices to give notice of such allocation. Under no condition shall an attempt be made to pass upon the shoulder or any portion of the roadway remaining to the right of the indicated right-hand traffic lane.
(c) Official traffic control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such device.
(d) Official traffic control devices may be installed prohibiting the changing of lanes on sections of roadway, and drivers of vehicles shall obey the directions of every such device.
(2) Any person who violates any provision of this section commits a class A traffic infraction. |
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| State Court Possible Penalties
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Adult |
Minor |
| Jail |
none |
none |
| Fine |
$35 |
$35 |
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Points
- not applicable to bicycle or
motorized bicycle |
3
Points |
3
Points |
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Roadways Laned for Traffic is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Roadways Laned for Traffic is not a
DARP Aggravator
criminal court sentencing
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WEAVING
Roadways Laned for Traffic
TRAFFIC INFRACTION
3
Points |
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10.9.102: Driving on Roadways Laned for Traffic
aka failure to stay in a single lane
Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all other consistent provisions shall apply:
A. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.
B. Official traffic-control devices may be erected directing specified traffic to use a designated lane or designating those lanes to be used by the traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every device.
C. Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every device. (1968 Code §6-9-2;
Ord. 75-86; Ord. 01-42) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
0 - 10 days |
| Fine |
$10 - $500 |
$10 - $500 |
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Points
against
Colorado Driving Privileges |
3
Points |
3
Points |
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Roadways Laned for Traffic is not defined as a major offense for purpose of
habitual
traffic offender determination.
CRS
42-2-202
Roadways Laned for Traffic is not a
DARP Aggravator
criminal court sentencing
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Weaving offense is frequently charged in conjunction with a
DUI, or as a pretext
for a
DUI investigation which may or may not turn out to have merit. The
frequency of this charge with
DUI cases is the sole reason for including a
weaving page in the website - an opportunity to provide clients with the
relevant statute.
The defenses
are factual - the officer's opportunity to observe, credibility and condition of
lane paint. See also
jurisdictional
attack
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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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TRAFFIC DEFENSE
DO I NEED AN ATTORNEY? |
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Do I need an attorney?
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Due to the very minor
nature of this infraction, attorney will not accept
a minor weaving case
unless combined with more serious
DUI,
DUR or
Hit
and Run, or
points
will cause license loss or insurance
premiums will skyrocket. Negotiating with a prosecutor or listening to a plea offer is worthwhile.
Caveat - If your license is in jeopardy due to
points, don't make admissions in the process of your negotiations - your
statements can be used for impeachment if the case proceeds to trial.
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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
LIMITED TO LOCAL
COURTS
Colorado is a big state.
Due to the minor nature of this issue,
it is not economically justifiable for a client to pay
travel
time, mileage and expense.
Attorney limits representation in these issues to local
courts. |
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COUNTIES |
CITIES / TOWNS
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COURTS |
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| Colorado Springs,
Colorado |
Fountain,
Colorado |
| Manitou
Springs, Colorado |
Calhan,
Colorado |
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Palmer Lake, Colorado
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STATE COURTS.
Please review
traffic infractions vs
traffic offenses.
All stop sign, school bus stop arm & red light charges are
traffic infractions. No prosecutor is
involved, plea negotiations are not available and legal
counsel's only recourse to achieve relief is trial on the
merits to a magistrate. |
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Plea negotiations
are available in most Municipal Courts. |
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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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Colorado, weaving, roadways laned for traffic, failure to stay in a single lane, DUI,
ticket, traffic ticket, Colorado Springs, El Paso County, Colorado, court, 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 © 1983
- 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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