If you were pulled over and ticketed for speeding in Montrose County or elsewhere in the surrounding region in Colorado, it is normal to be frustrated. You can pay the ticket and move on with your life. However, that is certainly not the only path forward. Further, it is not always the best option, especially if you already have points on your driving record. At The Martin Law Firm, we help drivers beat speeding tickets. Here, our Montrose defense attorney provides a step-by-step guide to beating a speeding ticket in Colorado.
Step #1: Understand the Specific Speeding Charge You are Facing
First and foremost, you need to know the specific allegations that you are facing. You were pulled over for speeding in Colorado. You were issued some type of ticket/citation. What exactly does it say? Every speeding ticket in Colorado falls into a specific category. The details matter because the defense strategy depends on the alleged speed, the location, and the statute the officer cited. Colorado separates speeding into different tiers under C.R.S. § 42-4-1101. Here is an overview:
- Tier One (One to Four Miles Per Hour Over the Limit): This is a technical violation, but not a serious one. Colorado treats low-level speeding as a minor infraction. A ticket in this range carries a small fine and no points. To be clear, police officers very rarely issue tickets at this level. Still, it is technically a legal violation and they could do so.
- Tier Two (Five to Nine Miles Per Hour Over the Limit): Speeding becomes more serious when a person is going more than five miles per hour over the posted speed limit. The tier carries points and a higher fine. Courts see many tickets in this range because it captures ordinary speeding. Drivers often assume this behavior is harmless. Legally speaking, Colorado does not share that view. Still many officers will not pull someone over for speeds at this level or, alternatively, may let a driver off with just a warning.
- Tier Three (Ten to Nineteen Miles Per Hour Over the Limit): Tier three speeding is serious speeding in our state. Colorado classifies this range as a more severe infraction. The fines increase. The points increase. Prosecutors take these tickets seriously because they often signal unsafe speed in heavier traffic. The state sees this category as the starting point for meaningful risk. Officers will often pull over drivers observed going at least 10 miles per hour over the posted speed limit.
- Tier Four (Twenty to Twenty-Four Miles Per Hour Over the Limit): Tier four speeding carries significant penalties. It is considered to be a high speed infraction, though it is still a civil violation. The points can quickly push a driver toward suspension. A ticket for this type of speeding could put you on the path to a suspension of your driving privileges if you already have points on your record.
- Tier Five (Twenty-Five Miles Per Hour or More Over the Limit): Going 25 MPH or more above the speed limit is a serious violation in Colorado. Unlike the lower categories of speeding which are usually only civil matters, extreme speeding can result in a criminal charge. Indeed, Colorado often treats speeds of twenty-five or more over the limit as reckless driving under C.R.S. § 42-4-1401. There could even be a risk of jail time.
It is important to note that Colorado also has a sixth tier for speeding that happens within a school zone or an active road Maintenance zone. Given the heightened safety risk, our state increases penalties when speeding occurs in a protected zone. A lower speed threshold applies, and the fines are doubled. Courts take these cases seriously. The state views safety in these zones as a top priority. Police and prosecutors tend to be far more aggressive.
Step #2: Review the Police Officer’s Basis for the Stop
A lawful stop requires reasonable suspicion. Officers cannot pull you over simply because they have a hunch. They need specific, articulable facts that support the decision to initiate the stop. Prosecutors understand that a stop without a lawful basis exposes their case to a suppression motion. You need to look at the officer’s stated reason for pulling you over. If you do not believe that they actually had a reasonable basis, you may be able to challenge the speeding ticket on Fourth Amendment grounds.
Step #3: Evaluate the Method Your Speed Was Measured
With speeding tickets, you have the right to defend yourself against the allegation. You could admit it and pay the ticket. You could also deny liability and fight the charge. Defenses are often raised on the grounds that the police officer was simply wrong in arguing that speeding happened. You need to know how your alleged speeding was measured. Colorado officers use radar, lidar, pacing, and visual estimation. Each method creates a unique opportunity for a challenge during your defense.
Step #4: Inspect the Location and Conditions of the Speeding Stop
Speeding allegations do not occur in a vacuum. Colorado’s terrain and weather create complications that officers cannot always account for. A curve can affect a radar beam. A hill can alter pacing. Wind, rain, snow, or glare can distort the officer’s view. You need to know the exact spot where the officer claims you were speeding. If you are going to fight a speeding ticket, all of these details matter. A Colorado traffic defense lawyer can help you with the investigation.
Step #5: Consider Options for Negotiating Reduced Penalties
Colorado prosecutors handle speeding cases in high volume. A well-prepared defense puts pressure on the state. That pressure often creates room for a reduction or dismissal. A reduction might shift the charge to a lower-point infraction. A dismissal might require a defensive driving class or a deferred judgment. After reviewing all of the evidence, your Colorado traffic defense lawyer can help you determine whether seeking a reduction of penalties is the best approach to save money and/or your driver’s license.
Step #6: Take Your Case to Court
You always retain the right to take your speeding case to court. A trial gives you the chance to cross-examine the officer and force the state to prove the case beyond a reasonable doubt. The state has the burden of proving that you were actually speeding at the degree that you have been charged with.
Why Rely On Our Colorado Speeding Ticket Defense Lawyer
Were you pulled over and cited for a speeding ticket in Montrose County or elsewhere in Colorado? You may have questions about your rights, your responsibilities, and your options for beating the allegations. It is important to remember that you have the right to challenge a speeding ticket in Colorado. In certain cases, that could be the best option to save your driver’s license from being suspended for having too many points. Our founder and managing attorney Brent Martin is a Colorado traffic defense lawyer with the knowledge and expertise that you can rely on.
Contact Our Traffic Defense Attorney Today
At The Martin Law Firm, our Colorado traffic ticket defense lawyers have the professional expertise that you can trust. If you have any questions about how to beat a speeding ticket, we are here as a legal resource. Contact us today to set up your completely confidential consultation.