Colorado Code § 42-4-1710

Failure to pay penalty for traffic infractions - failure of parent or guardian to sign penalty assessment notice - procedures
Open in Lexace · Ask the AI about this section
(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.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.