CRS 42-4-1101 is the Colorado law that prohibits speeding. Driving less than 25 mph over the limit is a class A traffic infraction, which carries a civil fine and possibly DMV points. But driving 25 mph or faster over the limit is a criminal traffic misdemeanor, though judges rarely impose jail time. Ignoring a misdemeanor traffic ticket will cause a bench warrant to issue for the defendant’s arrest, and the DMV can suspend the person’s license.
Below, our Denver, Colorado criminal defense lawyers will discuss:
- 1. What are the speeding penalties in Colorado?
- 2. How do I fight a ticket for CRS 42-4-1101?
- 3. What happens if I ignore the ticket?
- 4. Does speeding give police probable cause for a DUI stop?
- 5. Can I sue if I was hit by a speeding driver?
CRS 42-4-1101 makes speeding 24 mph or slower a traffic infraction.
1. What are the speeding penalties in Colorado?
The punishment for violating CRS 42-4-1101 depends on how fast the defendant was allegedly driving over the maximum lawful speed limit. Note that penalties are doubled if the speeding occurred in a maintenance, repair, or construction zone.1
| Colorado speeding violation | Penalties |
| 1 to 4 mph over the limit | Class A traffic infraction:
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| 5 to 9 mph over the limit | Class A traffic infraction:
|
| 10 to 19 mph over the limit | Class A traffic infraction:
|
| 20 to 24 mph over the limit | Class A traffic infraction:
|
| Driving too fast given the road conditions | Class A traffic infraction:
|
| Exceeding a prudent speed on a bridge | Class A traffic infraction:
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| 25 or more mph over the limit | Class 2 traffic misdemeanor:
DMV points:
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| 25 or more mph over the limit in a construction zone | Class 1 traffic misdemeanor:
DMV points:
|
In addition to criminal penalties, defendants can also expect their insurance premiums to increase for moving violations.
Note that racking up too many DMV points in the state of Colorado can cause the DMV to suspend the person’s license for a 6-month to a 12-month period. For instance, under this point system, adult drivers 21 and older automatically lose their driving privileges if they pick up 12 DMV points in 12 consecutive months. (It may be possible to eliminate some number of points from the driving record by doing traffic school.) 2
Also, note that commercial drivers face a 60-day license suspension of their CDL if they commit two “serious” traffic violations in a commercial vehicle in a 3-year period. Speeding 15 mph or higher counts as a serious violation.3
See our related articles on speed contests (CRS 42-4-1105), careless driving (CRS 42-4-1402), and reckless driving (CRS 42-4-1401).
An emergency situation may get a speeding charge dropped in Colorado.
2. How do I fight a ticket for CRS 42-4-1101?
Four defense strategies to fight charges of alleged speeding violations include arguing that:
- The police were wrong;
- An emergency justified the speed;
- The driver was falsely accused; or
- The signage was wrong
Note that prosecutors have the burden to prove guilt beyond a reasonable doubt to prove the defendant violated a traffic law. It does not matter whether the charge is for an infraction or a misdemeanor.4
The police were wrong
Police radars can malfunction. Or perhaps the police officer pulled over the wrong driver. Either way, the defense attorney’s job is to investigate the matter in detail. This includes finding surveillance video and eye-witnesses and testing the law enforcement’s radar gun for defects. Depending on the available evidence, the prosecutor may be willing to drop the case.
An emergency justified the speed
An emergency does not make speeding legal. But prosecutors may choose to drop the case if the defense attorney can show that any reasonable person in the defendant’s situation would have exceeded a safe speed as well. Potential examples that may justify otherwise unlawful speeding include:
- Escaping from a tornado or other special hazard
- Rushing to a hospital (if no ambulances are available)
- Eluding a dangerous motorist
- Having a seizure or other medical episode which causes the driver to lose control
- Making way for an authorized emergency vehicle or other such vehicle
The driver was falsely accused
Perhaps the peace officer issued a bogus citation to meet some sort of quota or to get back at an obnoxious driver. In these cases, the police’s dashcam footage is very important. And defense attorneys would search for any other available evidence – such as witnesses or other people’s smartphone videos – to show that the defendant violated no traffic regulations.
The signage was wrong
Many official traffic control devices on public highways and controlled-access highways are turning digital and can be operated remotely. Therefore, there is always the possibility that human error or a technical defect caused the sign to display the wrong posted speed limit. If the traffic lawyer can show that the driver was just obeying what the traffic sign said, the prosecutor may dismiss the CRS 42-4-1101 case.
3. What happens if I ignore the ticket?
If the ticket is for a traffic infraction, failing to appear in court or making a fine payment will result in a default judgment against the defendant. The case will then be sent to collections.
If the ticket is for a traffic misdemeanor, failing to appear or paying a fine will result in the judge issuing a bench warrant. The defendant also faces an additional charge – for a class 2 misdemeanor traffic offense. This carries $150 to $300 in fines, and/or 10 to 90 days in jail.5
Bench warrants make the defendant vulnerable to arrest at any time, especially during any future traffic stops. The only way to get a bench warrant recalled (“quashed”) is to file a motion to quash the warrant with the court and appear at a hearing. Defendants are advised to hire an attorney to handle this process.
Another consequence of ignoring a traffic ticket is that the DMV will suspend the person’s Colorado driver’s license. The DMV usually gives defendants 30 days to get pay the default judgment and get warrant quashed (if necessary) before suspending the driver’s license.6
See our related article on driving with a suspended license / driving under restraint (CRS 42-2-138).
4. Does speeding give police probable cause for a DUI stop?
Usually, no. But many speeding-related traffic stops turn into DUI/DWAI arrests.
Once a Colorado State Patrol officer pulls over an alleged speeder, the officer may ask if the driver has had anything to drink. And if the officer smells alcohol or marijuana or detects that the driver is intoxicated, the officer then may proceed with administering a preliminary breath test to check blood alcohol content and field sobriety tests.
Depending on the results of these tests, the officer may then have probable cause to arrest the driver for driving under the influence or driving while ability impaired.
5. Can I sue if I was hit by a speeding driver?
Yes. Many car accident cases stem from a driver of a vehicle exceeding the speed limit or other traffic violations. Victims may then be able to sue the at-fault driver for negligence per se. This “cause of action” has four elements that the victim (plaintiff) would need to show by a preponderance of the evidence:
- The defendant violated a law (by speeding);
- This law was meant to protect people like the plaintiff (as someone who shared the road with the defendant);
- The defendant’s violation caused the plaintiff’s injuries; and
- These injuries resulted in money damages.
The plaintiff’s Colorado personal injury attorney would fight for enough compensatory damages to cover all the plaintiff’s medical bills for bodily injury, lost wages (if any), motor vehicle property damage, and pain and suffering. Note that most car crash cases settle out of court between the plaintiff’s law firm and the defendant’s insurance company.
Law in Other States:
Ticketed in California? See our article on speeding tickets (VC 22350).
Ticketed in Nevada? See our article on speeding tickets (NRS 484B.600).
Legal references:
- CRS 42-4-1101. The language of the code section reads as follows:
(1) No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.
(2) Except when a special hazard exists that requires a lower speed, the following speeds shall be lawful:
(a) Twenty miles per hour on narrow, winding mountain highways or on blind curves;
(b) Twenty-five miles per hour in any business district, as defined in section 42-1-102(11);
(c) Thirty miles per hour in any residence district, as defined in section 42-1-102(80);
(d) Forty miles per hour on open mountain highways;
(e) Forty-five miles per hour for all single rear axle vehicles in the business of transporting trash that exceed twenty thousand pounds, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 42-4-507(3);
(f) Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101(2), C.R.S., and are not surfaced, four-lane freeways or expressways;
(g) Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101(2), C.R.S., or are freeways or expressways;
(h) Any speed not in excess of a speed limit designated by an official traffic control device.
(3) No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
(4) Except as otherwise provided in paragraph (c) of subsection (8) of this section, any speed in excess of the lawful speeds set forth in subsection (2) of this section shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. As used in this subsection (4), “prima facie evidence” means evidence which is sufficient proof that the speed was not reasonable or prudent under the conditions then existing, and which will remain sufficient proof of such fact, unless contradicted and overcome by evidence bearing upon the question of whether or not the speed was reasonable and prudent under the conditions then existing.
(5) In every charge of violating subsection (1) of this section, the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the alleged reasonable and prudent speed applicable at the specified time and location of the alleged violation.
(6) The provisions of this section shall not be construed to relieve the party alleging negligence under this section in any civil action for damages from the burden of proving that such negligence was the proximate cause of an accident.
(7) Notwithstanding paragraphs (a), (b), and (c) of subsection (2) of this section, any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction, and such speed limits shall not be subject to the provisions of subsection (4) of this section.
(8)(a) Deleted by Laws 1996, H.B.96-1069, § 2, eff. May 25, 1996.
(b) Notwithstanding any other provisions of this section, no person shall drive a vehicle on a highway at a speed in excess of a maximum lawful speed limit of seventy-five miles per hour.
(c) The speed limit set forth in paragraph (b) of this subsection (8) is the maximum lawful speed limit and is not subject to the provisions of subsection (4) of this section.
(d) State and local authorities within their respective jurisdictions shall not authorize any speed limit which exceeds seventy-five miles per hour on any highway.
(e) The provisions of this subsection (8) are declared to be matters of both local and statewide concern requiring uniform compliance throughout the state.
(f) In every charge of a violation of paragraph (b) of this subsection (8), the complaint, summons and complaint, or penalty assessment notice shall specify the speed at which the defendant is alleged to have driven and also the maximum lawful speed limit of seventy-five miles per hour.
(g) Notwithstanding any other provision of this section, no person shall drive a low-power scooter on a roadway at a speed in excess of forty miles per hour. State and local authorities shall not authorize low-power scooters to exceed forty miles per hour on a roadway.
(9) The conduct of a driver of a vehicle which would otherwise constitute a violation of this section is justifiable and not unlawful when:
(a) It is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no conduct of said driver and which is of sufficient gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the consequences sought to be prevented by this section; or
(b) With respect to authorized emergency vehicles, the applicable conditions for exemption, as set forth in section 42-4-108, exist.
(10) The minimum requirement for commission of a traffic infraction or misdemeanor traffic offense under this section is the performance by a driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which said driver is physically capable of performing.
(11) It shall not be a defense to prosecution for a violation of this section that:
(a) The defendant’s conduct was not performed intentionally, knowingly, recklessly, or with criminal negligence; or
(b) The defendant’s conduct was performed under a mistaken belief of fact, including, but not limited to, a mistaken belief of the defendant regarding the speed of the defendant’s vehicle; or
(c) The defendant’s vehicle has a greater operating or fuel-conserving efficiency at speeds greater than the reasonable and prudent speed under the conditions then existing or at speeds greater than the maximum lawful speed limit.
(12)(a) A violation of driving one to twenty-four miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class A traffic infraction.
(b) A violation of driving twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour is a class 2 misdemeanor traffic offense; except that such violation within a maintenance, repair, or construction zone, designated pursuant to section 42-4-614, is a class 1 misdemeanor traffic offense.
(c) A violation under subsection (3) of this section is a class A traffic infraction.
See also HB23-1267 (commercial truck drivers face double fines for speeding in steep-downhill grade zones on highways).
- See same; CRS 42-2-127; Shafron v. Cooke, 190 P.3d 812 (Colo. App. 2008); United States v. Boyer, 935 F. Supp. 1138 (D. Colo. 1996).
- 49 C.F.R. 383.51. Note that defendants may receive summons, complaints, and/or penalty assessment notices.
- CRS 42-4-1708.
- CRS 42-4-1716.
- CRS 42-4-1709.