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Should I Pay or Fight My Traffic Ticket in Colorado?

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14 December, 2020

Traffic tickets are common. Statistically speaking, about 1 in 5 Americans received a traffic ticket for a moving violation in the past five years, according to a 2015 report. But does it make any sense to go to court and fight your traffic ticket in Colorado? Traffic tickets are known to be difficult to contest because in most cases, it’s your word against the word of the police officer who issued the ticket. For this reason, only 5% of motorists who receive a traffic ticket dispute it in court

And many drivers who decide to go to court to contest a traffic citation end up losing because they do not have a strategy to win. Retaining a Denver traffic ticket attorney can make a big difference as your lawyer will guide you through the legal process and help you present your case in the most convincing way possible to get the offense dismissed or reduced. Read on to learn more about what to expect if you decide to fight your traffic ticket in Colorado court.

You have more than one option when faced with a traffic ticket in Colorado

While most people mistakenly believe that paying their traffic ticket is the only option, you could actually dispute your traffic citation to avoid long-lasting negative consequences, including but not limited to: a suspension of your driver’s license and higher insurance rates. 

If you want to contest your traffic citation in Denver or other parts of Colorado, the first thing you need to do is plead “not guilty” to the charges against you. This can be done either in person or by mail. Your ticket will list the name and location of the court that must be notified before the arraignment date. This date is also specified on the ticket. 

Note: By paying a traffic ticket, you are pleading guilty to the traffic charge. 

Once the court receives your plea, it will schedule a date for a:

  • Final hearing if you are contesting an infraction, which is a less serious traffic violation in Colorado; or
  • Pre-trial conference, if you are disputing a traffic offense, which is more serious and carries fines and jail time upon conviction. 

If you fail to show up at the hearing or conference, the court could automatically find you guilty of the charges. In addition, the court could issue a warrant for your arrest. 

If you are considering pleading “not guilty” to the traffic charges, it is advised to be represented by an experienced traffic defense attorney to help you prove your innocence before a judge in Colorado. 

What is the court process for disputing a traffic citation in Colorado? 

If you have been charged with a traffic offense, the court will schedule a pre-trial conference during which your Denver traffic ticket attorney will help you contest the traffic citation to get the charges dismissed or dropped. 

Depending on the circumstances surrounding your traffic offense, your lawyer may be able to negotiate and reach a settlement. Often, the defendant is required to change their plea to “guilty” in exchange for a reduction in the penalties. 

If no mutually acceptable agreement is reached at the pre-trial conference, the court will schedule a date for a final hearing. The process for fighting a traffic ticket in Colorado can take a few weeks after the violation. Usually, the process takes from three to four weeks. 

What are the possible outcomes of contesting a traffic ticket? 

Depending on the strength of your case and your lawyer’s ability to make compelling arguments in court, there are two possible outcomes of fighting a traffic citation in Colorado:

  1. A guilty verdict; or 
  2. A not guilty verdict. 

If the judge finds you guilty of the traffic charges, the severity of the punishment will depend on the nature and seriousness of the violation. Possible penalties that you could face when found guilty are: 

If additional points are added to your driving record, your driver’s license could be suspended. To remove points from your driving record, you must complete the mandatory defensive driving course as soon as possible. It is advised to hire a traffic defense lawyer to help you fight your ticket in Colorado and obtain a “not guilty” verdict. 

Why you need a Denver traffic ticket attorney

If you received a ticket for violating traffic laws in Colorado, you have a right to challenge the ticket. You can benefit from hiring a knowledgeable traffic ticket attorney to help you fight the citation. 

Contact a Denver traffic ticket attorney to help you:

  • Prepare a strong case with persuading arguments to prove your innocence; 
  • Collect sufficient evidence to help you dispute the citation; 
  • Get the ticket dismissed; 
  • Get the traffic charges reduced; and
  • Secure a “not guilty” verdict in the courtroom. 

Fighting a traffic ticket in court might seem intimidating because you must appear in front of the judge and present your case. However, you don’t have to do it alone. Consult with our traffic ticket attorney at the Law Offices of Steven J. Pisani, LLC to discuss the best defense strategy in your case. Call at (303) 635-6768 to schedule a free consultation.

Thanksgiving Road Trip Safety Tips

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18 November, 2020

Do you know that more people travel during the Thanksgiving break during the Christmas holiday? A recent report revealed that during Thanksgiving, long-distance trips increase by 54%, more than double the 23% increase during the Christmas period.

Traveling during Thanksgiving in Colorado typically entails encountering wet roadways during winter, presenting challenges for you and your vehicle and making it essential to maintain a safety-first mindset as you embark on your trip. Below we provide simple yet critical tips for a safe and enjoyable Thanksgiving road trip.

Get enough rest and avoid alcohol 

Ensure that you get enough rest before you set out for a road trip. Driving while tired impairs your ability in the same way as intoxication. According to the CDC, drowsiness affects concentration and coordination and reduces your reaction times. Resting will help you remain alert throughout the journey.

Also avoid consuming alcohol the night before your road trip which could result in the morning-after impairment. In Colorado, it is an offense to operate a vehicle with blood alcohol content (BAC) of 0.08% or more. As long as you’re impaired, you can face DUI charges, even if your BAC is below 0.08%, with some of the potential penalties including fines, probation, jail time, and public service. 

Focus on the road 

While you are on the road, focus on driving and avoid distractions. Engaging in careless or reckless driving is an offense in Colorado. According to Colorado law CRS 42-4-1401, reckless driving entails operating a vehicle with a disregard for other road users’ safety. Meanwhile, a driver may be guilty of careless driving if they don’t exercise sufficient regard for their surroundings. 

Reckless driving is more severe than careless driving. A reckless driving conviction in Colorado is a Class 2 misdemeanor. A first offense is punishable with a fine ranging between $150 and $ 300 and a jail time between 10 and 90 days. A repeat offense may attract a jail time of up to six months and a fine of up to $ 1,000. 

Distracted driving involves engaging in any activity that may shift your attention from the road. Common forms of distracted driving include using a mobile phone or eating while driving. In 2009, the state of Colorado passed a law against texting while driving but this law extends to other mobile phone activities like sending tweets or emails while driving. 

The anti-texting law in Colorado applies to all drivers. This law prohibits drivers younger than 18 years from using a cell phone while driving. Violating the anti-texting law is a Class A traffic infraction. A first offense may attract a fine of $50, while a second offense is punishable by a fine of up to $100. 

Leave early and avoid speeding 

Leave early to eliminate anxiety about arriving late and you won’t feel tempted to speed. According to Colorado law, a violation of 1 to 24 mph above the posted speed limit is a Class A traffic infraction. A violation of 25mph or more is a Class 2 misdemeanor traffic offense. 

You may also face Class A traffic infraction charges if you fail to reduce the speed to a practical level while operating a vehicle under hazardous conditions. It’s also advisable to leave early during Thanksgiving Day considering the heavy traffic and challenging weather likely to occur.  

Contact an experienced criminal & traffic attorney in Denver

Traveling for Thanksgiving? Don’t let a car crash ruin your holiday. Use the above tips to remain safe. If you or a loved one experiences a car accident due to speeding, reckless or careless driving, or DUI in the Denver area, contact an experienced local attorney. Speak with a knowledgeable criminal and traffic attorney at the Law Offices of Steven J. Pisani, LLC. Call today at (303) 635-6768 for a free consultation. 

 

What Should I Do After Getting a Traffic Ticket in Colorado?

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11 September, 2020

Getting a traffic ticket in Colorado is not unusual. After all, no driver is perfect on the road, and there are various kinds of traffic violations that may lead to a ticket in Colorado. Some of these include speeding, driving under the influence (DUI), and simple parking offenses. While getting a traffic ticket is less serious than most criminal offenses, it can cause you problems in terms of time, money, and insurance rates and may even lead to your license suspension. But there’s no reason to feel upset. Knowing what to do after getting a ticket in Colorado can help you mitigate the adverse effects of a traffic violation.

Here are your options after getting a traffic ticket in Colorado.

Pay Your Traffic Ticket

If you are like most drivers, you may not be willing to spend your crucial time and effort challenging a traffic ticket. That means you’ll just agree to pay a fine. In most cases, fines for tickets will vary based on the specific traffic violation and your case’s specific circumstances. For instance:

  • Speeding ticket fines can range from $30 to $1,000
  • Distracted driving and cell phone use attracts a fine of $50 to $1,000
  • Driving without a license carries a fine of $21 to $1,000
  • Stop sign and stop light tickets in Colorado carries $75 to $110
  • Failure to present evidence of insurance is punishable by a fine of $250 to $1,000

Besides fines, you may have to pay surcharges and get points on your driving record. It is important to bear in mind that you have up to 20 days to remit your payment to the Division of Motor Vehicles if you opt to pay your ticket. This can be done either in person, by mail, phone, or online, based on where you were cited. Paying the fine early enough will help you avoid additional fines and potential problems.

Fight the Traffic Ticket

If you feel that your ticket for an improper lane change, speeding, or any other violation was not justified or maybe you want to avoid the negative impact of a ticket, disputing the traffic ticket in court may be the right thing to do. If that’s what you intend to do, the first step is to notify the court and submit your plea either in person or via mail. After that, you’ll have to prepare for your hearing by gathering evidence, contacting witnesses if you have any, and even rehearsing what you intend to say in court. The good thing is that you can hire an experienced Colorado traffic ticket attorney to do that on your behalf.

If you are found guilty of the specific traffic violation you are being accused of, points may be added to your driving record. On the other hand, no points will be added if you are not found guilty. Regardless of your trial’s outcome, you must check your driving record. Sometimes points may erroneously be added to your driving record without your knowledge, resulting in increased insurance rates or suspension of your driver’s license.

Seek Mitigation

The last option that you have after getting a traffic ticket in Colorado is mitigation. This is a situation where you admit the specific traffic violation you are being accused of committing and explain the circumstances that forced you to commit the offense. In most cases, a judge will be lenient on you if he thinks that your explanation is justified and may impose lesser penalties, including:

  • An alternative penalty such as a traffic school or defensive driving course
  • A reduced ticket fine
  • Extended time to pay the fine

While mitigation usually applies in cases where you’ve not had a traffic ticket in many years, it does not usually lead to a reduced penalty. In some cases, you may have points added to your driving record and even pay full fines, especially if a judge has cause to believe that your explanations or arguments are invalid. The good thing is that there’s nothing at stake when you opt for mitigation. However, you need to bear in mind that you cannot appeal the court’s decision after mitigation. Why? Because you had initially admitted that you committed the traffic violation.

Contact an Experienced Colorado Traffic Ticket Attorney

Getting a traffic ticket in Colorado can be frustrating, to the say the least. Not only do you have fines to deal with, but you risk paying higher insurance rates and even having your driver’s license revoked. But there’s no reason to feel confused. After all, getting a traffic ticket does not deprive you of the right to fight the charges. Talk to an experienced Denver traffic ticket attorney to learn how we can help. Our attorney, Steven J. Pisani, has a decade of experience in defending the rights of residents in Denver and all of Colorado. Please fill out our online contact form or give us a call at (303) 529-2242 to schedule a free initial consultation.

 

Tracy Morgan’s Bugatti Sideswiped 15 Mins After Driving Off The Lot!!!

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28 July, 2020

Tracy Morgan was sideswiped 15 minutes after driving his brand- new $2.5 million Bugatti off the dealer lot. This incident occurred just three days prior to the 5-year anniversary when Tracy was involved in a fatal car accident. Although it is not entirely clear who is it fault for the accident, it appears as if the $25 thousand Honda made an incorrect right turn.

No charges were filed, but if you were involved in an accident and received a traffic citation, give our office a call for a free consultation. 303-635-6768.  If you have involved in an accident and received a traffic citation in Colorado, call our office today for a free consultation. You can Consult our experienced Traffic Defense Lawyer Steven J. Pisani call 303-635-6768.

 

Date TMZ, 6/6/2019

Link News: Source

 

Man Fights Distracted Driving Ticket; Says McDonald’s Hash Brown Was Mistaken For Cell Phone

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28 July, 2020

A man in Westport, Connecticut is currently fighting a traffic ticket for distracted driving. His defense? That he was actually eating a McDonald’s hash brown rather than talking on his cell phone. The man claims that he would have no reason to have a phone near his mouth, as he uses a Bluetooth when making calls. Considering that phone records prove that the man-made no calls during the hour he received the traffic ticket and that McDonald’s hash browns have extremely similar dimensions to cell phones, I would say this defense is just crazy enough to work. The case is set for a retrial in the Connecticut Superior Court on December 7th.  Hopefully, the Judge is a fan of hash browns, so he can sympathize with the man’s plight.

The Law Offices of Steven J Pisani specialize in DUI, traffic, and criminal defense. Call our Denver office today for a free consultation at 303-635-6768.

GeekWire, Kurt Schlosser, November 27th, 2018

Link: https://www.geekwire.com/2018/man-fights-distracted-driving-ticket-says-police-mistook-mcdonalds-hash-brown-cell-phone/

New Colorado Law Increases Penalties For Drivers Who Hit Bicyclists, Pedestrians And Construction Workers

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23 July, 2020

Governor Jared Polis signed Senate Bill 175. With the new bill, a driver who hits a vulnerable road user (bicyclist, construction worker, officer) penalties for drivers are charged with a class 1 traffic misdemeanor. Judges are also authorized to order restitution, suspend the driver’s license, and require the driver to take driving classes. The bill passed with only seven people opposed to it. Rep. Dylan Roberts sponsored the bill and stated that he is frustrated by repeat careless drivers who come through the 5th Judicial District. Another supporter, Adelaide Perr, was hit and injured by a driver with 17 prior traffic infractions. It took 6 months for Perr to recover and Perr still suffers from PTSD making it difficult to ride a bike.

The Law Offices of Steven J Pisani specialize in DUI, traffic defense including careless driving and criminal defense. Call our Denver office today for a Penalties For Drivers consultation at 303-635-6768.

Denver Post, Ann Staver, May 29, 2019

Link: https://www.denverpost.com/2019/05/29/colorado-law-penalties-bicyclists/

Driver Gets 92 Mph Ticket, Leaves Stop Accelerating To 142 Mph

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23 July, 2020

Apparently one ticket was not enough for a driver in Nebraska who was pulled over for speeding 92 in a 75 mph zone last Saturday.

According to the Lincoln County Nebraska Sheriff’s Office, after being ticketed and let go for her speeding violation Chauntl Wilson rapidly accelerated away from officers. She was subsequently clocked on a radar gun going 142 mph, which caused police to pursue her. Wilson was eventually pulled over and charged with willful reckless driving. She also had a small amount of marijuana according to the police, which could result in further charges.

The Law Offices of Steven J Pisani specialize in DUI, traffic, and criminal defense. Call our Denver office today for a free consultation at 303-635-6768.

News form Fox News, Gary Gastelu, July 25th, 2018

Lin News: http://www.foxnews.com/auto/2018/07/25/driver-gets-92-mph-ticket-immediately-accelerates-to-142-mph.html

Why Personal Auto Policy Doesn’t Cover Your Work Truck

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23 July, 2020

Personal driving and business driving are two different risks that require two different insurance policies to protect your assets.

If you work as a contractorbuilder or painter, you probably use a truck to transport your tools and equipment between job sites. If the truck is registered to your business, chances are you also purchased a commercial auto insurance policy. But let’s say the truck you drive for work is also your personal vehicle. It’s registered in your name and covered by a personal auto insurance policy. You may think that policy also provides coverage for work-related use of your truck. But it probably doesn’t. In most cases, personal auto insurance policies exclude coverage for business driving. This could be an issue in No Proof of Insurance traffic tickets. Denver’s best traffic ticket defense lawyer can help sort this out.

Different Policies for Different Risks

If you read through your personal auto policy, it probably states that business use of your vehicle isn’t covered. That’s because personal auto policies are written with consumers in mind. Insurance companies assume that people who drive a personal vehicle are commuting to work or running errands, and they price the policy accordingly. But when you use a vehicle for commercial purposes, you usually spend a lot more time behind the wheel. More miles spent on the road means a greater chance of an accident. From an insurance carrier’s point of view, business driving is riskier and more expensive, so it requires its own policy. And they aren’t wrong. According to the Federal Motor Carrier Safety Administration, accidents involving a commercial vehicle cost Americans $87 billion in 2011. So, if you get into an accident while hauling tools to a worksite and you don’t have the appropriate commercial coverage, you could be responsible for:

  • Repairs for damaged property
  • Medical bills if someone was injured in the accident
  • Legal expenses if you are sued over the accident

If you don’t want to pay those bills out of pocket, it might be time to consider commercial vehicle coverage.

Protect Your Truck with Commercial Auto Insurance

Unlike personal auto policies, commercial auto insurance is a type of business insurance. Business policies address the risks of business driving, such as:

  • Additional time behind the wheel
  • The need to move tools and equipment between job sites
  • Transportation of employees or clients

Aside from covering business driving, commercial auto insurance is similar to your personal auto policy. A typical commercial auto policy may offer:

  • Liability coverage for damage you cause to a third party or their property
  • Medical payment coverage for bodily injuries you suffer in a crash
  • Physical damage, vandalism and collision coverage for your vehicle
  • Uninsured motorist coverage for damage caused by drivers who don’t have insurance

The medical expense coverage in a commercial auto policy can be particularly useful. If you’re involved in an accident that injures you or occupants in your vehicle, your policy may help pay for:

  • Emergency care
  • Diagnostics
  • Hospital stays
  • Rehabilitation costs

For example, let’s say you and an employee are en route to a client’s house for a painting job. You rear-end a car at a traffic light. If you file a claim under your personal auto policy, it may be denied. However, if you have a commercial auto policy, it may cover the cost of repairs to the vehicle you rear-ended, as well as medical expenses if you or your employee were injured. Contact the Best Denver Traffic Ticket Lawyer Steven J. Pisani for more information. Worth noting: Commuting doesn’t qualify as business driving. If you get into an accident while on your way between your home and the office, your commercial auto policy typically won’t cover it. For better protection when you use a personal vehicle for business, consider purchasing both personal and commercial coverage.

If you have more questions about Insurance law, Denver Traffic Ticket defense, contact the Best Denver Traffic Lawyer Steven J. Pisani for more information. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between PisaniLaw and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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