Colorado Speeding Ticket Defense - Colorado Springs radar, vascar, pace clock, visual estimate, evidence of speed, speed trap, aerial or airplane surveillance. Defense of traffic infractions & traffic offenses and Colorado DOR - DMV driver's license suspension revocation or denial proceedings.  Elements of offense and penalties, Colorado state law - maximum lawful speed limit, reasonable and prudent speed, preemption, Colorado Springs municipal ordinances, traffic engineer's survey, notice - signage requirements, size & placement, velocity and speed conversions, Municipal Court Colorado Springs Colorado, Manitou Springs Municipal Court, Woodland Park Municipal Court, Cripple Creek Creek Municipal Court, Fountain Municipal Court, Calhan Municipal Court, Simla Municipal Court, Town of Simla Colorado, Court Simla Colorado, Pueblo Municipal Court, Castle Rock Municipal Court, Palmer Lake Municipal Court, Calhan Colorado, Simla Colorado, Denver Municipal Court, Aurora Municipal Court, Brighton Municipal Court, Broomfield Municipal Court, Centennial Municipal Court, Englewood Municipal Court, Federal Heights Municipal Court, Golden Municipal Court, Littleton Municipal Court, Sheridan Municipal Court, Thornton Municipal Court, Wheat Ridge Municipal Court, WheatRidge Municipal Court

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DEFINITIONS - COLORADO STATE COURTS

        The elements of this offense are driving a motor vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing.  Special hazards such as snow, rain, construction, or other attendant circumstances may effect the reasonable and prudent speed.

Maximum Lawful Speed

Colorado has one lawful speed limit - 75 miles per hour.  All other "speed limits" are merely prima facie evidence of reasonable and prudent speed.  See below statute. CRS 42-4-1101(8) ¶¶ (b) & (c)

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Reasonable and Prudent Speed
may not be so reasonable or prudent

CRS 42-4-1101(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 vehicles in the business of transporting trash, 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), 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), or are freeways or expressways;
        (h) Any speed not in excess of a speed limit designated by an official traffic control device.

CRS 42-4-1101(4)
        Any speed in excess of the lawful speeds set forth in CRS 42-4-1101(2) shall be prima facie evidence that such speed was not reasonable or prudent under the conditions then existing. "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.

        That means a rebuttable presumption presumption is created that the maximum safe speed is that which was designated - but the presumption can be overcome.  No speed limit in Colorado is an absolute speed limit except 75 miles per hour.  CRS 42-4-1101 (7) creates an exception - any city or town may by ordinance adopt absolute speed limits as the maximum lawful speed limits in its jurisdiction.  See preemption below.

So, what does all this jibberish this mean?
         An attack can be made on the reasonable and prudent "speed limit"
                Traffic engineer's office didn't do a traffic survey when adopting the reasonable and prudent "speed limit" or the survey was inadequate.
                Notice was inadequate
        If not properly adopted with a valid traffic survey and properly posted, the "speed limit" becomes the absolute speed limit of 75 miles per hour.  This may end the case if the driver's speed is alleged below 75 mph.

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CRS 42-4-1101(8)
                (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. (prima facie evidence of reasonable and prudent speed)  
                (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.
        (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 CRS 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 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; 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; and a violation under subsection (3) of this section is a class A traffic infraction.

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Preemption

CRS 42-4-1101(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.

CRS 42-4-1101(8)(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.

Municipalities and Counties adopt ordinances.
        Municipal Codes or Ordinances
        County Codes or Ordinances
        Many smaller towns or counties with limited budgets adopt the model traffic code (MTC)
        Local authorities may adopt by reference all or any part of a model traffic code which embodies 
                the rules of the road and vehicle requirements set forth in state law.  CRS 42-4-110(b)
        To this attorney's knowledge, adoption of the MTC does not eliminate the traffic survey requirement.
            To find the ordinance in your area, run a search engine such as Google, search:
                model traffic code and add the name of the town or county
            An example would be El Paso County Model Traffic Code

        With respect to cities and towns, the general preemption statute is controlled by the specific exception contained in CRS 42-4-1101 (7).  Cities and towns may adopt absolute speed limits below 75 miles per hour.  If stopped in a small "town" (Boondocks, USA) which may not be incorporated, it would be worth investigating whether it qualified as a "town" under the statutes.  I've never had the issue arise, but it would be worth researching the law further if relevant.

        With respect to counties, no such exception is provided in CRS 42-4-1101 (7).  It is this attorney's belief that counties are preempted from enacting ordinances at variance with state law, including the inability to adopt a maximum lawful speed below 75 miles per hour.

10.5.101: REASONABLE AND PRUDENT SPEED; SPECIAL HAZARDS:
        A. It shall be unlawful for any person to drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and hazards, actual and potential, then existing.
        B. The fact that the speed of a vehicle is lower than the limits established in this chapter shall not relieve the driver of the duty to decrease speed when a special hazard exists with respect to pedestrians, animals, property or other traffic by reason of weather, traffic, roadway conditions or any other actual or potential hazard then existing. It shall be unlawful for any person to fail to decrease speed given the presence of any hazard. (1968 Code §§6-5-1, 6-5-2; Ord. 75-86; Ord. 90-24; Ord. 01-42) 

10.5.102 UNPOSTED SPEED LIMITS
        Where speed limits are not posted, and where no special hazard exists, the following speed shall be lawful but it shall be unlawful for any person to drive at any speed in excess of the limits:
                A. Twenty five (25) miles per hour on streets and highways;
                B. Fifteen (15) miles per hour in alleys. 
                Effective 2003
                (1968 Code §§6-5-1, 6-5-2; Ord. 75-86; Ord. 90-24; Ord. 01-42; Ord. 03-49) 
        This constitutes an amendment from the former speed limits which are no longer applicable

10.5.103: POSTED SPEED LIMITS:
        A. It is hereby determined that the speed limits stated in section 10.5.102 of this article are the maximum reasonable and safe speed limits in each zone, except where the City Traffic Engineer determines on the basis of an engineering and traffic investigation that any speed limit set forth in section 10.5.102 of this article is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any parts of any street or highway, in which case the Traffic Engineer shall determine and declare a reasonable and safe maximum speed limit not to exceed fifty five (55) miles per hour which shall be effective when appropriate signs giving notice are erected at the intersection or other place or part of the street or highway.
        B. Appropriate signs giving notice that the speed limit set forth in section 10.5.102 of this article is the maximum speed may be posted by the Traffic Engineer.
        C. Whenever posted speed limits are established in accord with this section, the speed limits shall be recorded as provided in section 10.1.312 of this chapter.
        D. It is hereby determined that the posted speed limits determined, posted and recorded are the maximum reasonable or safe speed limits at the locations.
        E. It is hereby determined that the speed of twenty (20) miles per hour is the maximum reasonable and safe speed in school zones, and the Traffic Engineer shall establish speed zones by posting appropriate signs giving notice thereof in lieu of the requirements of this section. (1968 Code §§6-5-2, 6-5-3; Ord. 75-86; Ord. 79-32; Ord. 90-24; Ord. 01-42) 

10.5.104: EXCEEDING POSTED SPEED LIMIT:
        It shall be unlawful for any person to drive any vehicle:
                A. One to four (4) miles per hour over the posted speed limit;
                B. Five (5) to nine (9) miles per hour over the posted speed limit;
                C. Ten (10) to nineteen (19) miles per hour over the maximum posted speed limit;
                D. Twenty (20) to thirty nine (39) miles per hour over the posted limit;
                E. Forty (40) miles per hour or more over the maximum posted speed limit. (Ord. 98-249; Ord. 00-112; Ord. 01-42) 

10.5.105: NOTICE CHARGING SPEED VIOLATION:
        In every charge of a violation relating to speed limits, the complaint or summons or notice to appear shall specify the speed at which the defendant is alleged to have driven and the speed limit applicable within the district or at the location of the City. (1968 Code §6-5-5; Ord. 77-69; Ord. 90-24; Ord. 01-42) 

10.5.106: MINIMUM SPEED REGULATIONS:
        A. No person shall drive a motor vehicle on any street at a slow speed as to impede or block the normal and reasonable forward movement of traffic, except when a reduced speed shall be necessary for safe operation of the vehicle or in compliance with law.
        B. It is hereby determined upon the basis of an engineering and traffic investigation that slow speeds on certain streets described in traffic control records as provided in section 10.1.312 of this chapter consistently impede the normal and reasonable movement of traffic on the facilities described in the records and it is declared that the minimum speed limit upon those streets or expressways shall be as stated, which speed so declared shall be effective at the time specified when signs are erected giving notice. Any speed less than the minimum speed limit shall be prima facie evidence that the lesser speed is unlawful, except when a reduced speed shall be necessary for the safe operation of the vehicle when a special hazard exists. (1968 Code §6-5-6; Ord. 75-86; Ord. 85-263; Ord. 88-151; Ord. 01-42) 

10.5.107: SPEED CONTESTS:
        A. No person shall engage in any motor vehicle speed or acceleration contest or exhibition of speed or acceleration on a street or highway, and no person shall aid or abet in any motor vehicle speed or acceleration contest or exhibition on any street.
        B. No person shall for the purpose of facilitating or aiding or as an incident to any motor vehicle speed or acceleration contest upon a street or public right of way in any manner obstruct or place any barricade, obstruction, starting or timing device or assist or participate in placing any barricade, obstruction, starting or timing device upon any street or public right of way. (1968 Code §6-5-7; Ord. 75-86; Ord. 01-42) 

10.5.109: EMERGENCY VEHICLES EXEMPT FROM SPEED LIMITS:
        A. The speed limitations set forth in this article shall not apply to an authorized emergency vehicle when the driver is responding to an emergency call and is making use of visual and audible signals as prescribed by law, nor shall speed limitations apply to a police vehicle while in actual pursuit of a suspected violator of any provision of this chapter or any other law so long as the pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator or to apprehend the suspected violator.
        B. The provisions of subsection A of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall the provisions protect the driver of any vehicle from the consequences of a reckless disregard for the safety of others. (1968 Code §6-5-9; Ord. 75-86; Ord. 01-42) 

10.5.110: DEFENSES:
        The minimum requirement for commission of a violation of this chapter is the performance by the driver of prohibited conduct, which includes a voluntary act or the omission to perform an act which the driver is physically capable of performing. It shall not be a defense to prosecution for violation of this article 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 regarding the speed of the defendant's vehicle. (Ord. 90-24; Ord. 01-42) 

CRS 42-4-1102. Altering of speed limits - required basis of a traffic investigation or survey or upon the basis of appropriate design standards and projected traffic volumes.  Refer to above link for information.

        Regulatory and advisory roadway signage must conform state law and to a manual - standardized with respect to size, color and placement.  Refer to above link for information.

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CONVERSION
Speed to Velocity
Miles Per Hour To Feet Per Second

Miles per hour can be changed to feet per second by multiplying the number of miles per hour by the feet in a mile (5,280) and dividing by the seconds in an hour (3,600). This is approximately equivalent to multiplying miles per hour by 1.47 (which is 5,280 / 3,600 to two decimal places).

Mathematical Formula
v = 1.47s
v = velocity (feet per second)
s - speed (miles per hour)

Rough estimates: miles per hour can be multiplied by 1.5
Put another way, half the number is added to the number

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CONVERSION
Velocity to Speed
Feet Per Second To Miles Per Hour

Feet per second can be changed to miles per hour by multiplying by the seconds in an hour (3,600) and dividing by the feet in a mile (5,280). This is approximately equivalent to dividing by 1.47 or multiplying by 0.682 (3,600 / 5,280 to three decimal places)

Mathematical Formula
s = v / 1.47  or  s = 0.682v
v = velocity (feet per second)
s - speed (miles per hour)

Rough estimates: miles per hour is two thirds of feet per second

Multiplying by 2/3 (0.6667) is roughly the same as dividing by 1.5

        A judge or magistrate may not let the issue go to a jury (lack of prima facie evidence) unless there is mechanical support (radar, vascar, pace clock or laser) for the visual estimate.  In a trial to the court, I've seen a judge stop the case when the officer admitted the ticket was based only upon a visual estimate.  Other judges may proceed.

        As a part of radar or vascar training, officers must make visual estimates of speed.  To become certified and receive a wallet certification card, each must accurately estimate speeds:
        "On the sit"    10 estimates plus or minus 3 miles per hour
        "On the move"  5 estimates plus or minus 5 miles per hour

To quote the TV credit card commercial: "What's in your wallet?"
Hopefully, the officer doesn't possess the certification card and it's not "To the neighbors!"

        State patrol troopers, city police and county deputy sheriff's typically have access to radar devices.

DEFINITIONS AS APPLIED TO RADAR TERMINOLOGY
testing officer's radar knowledge

1. Batching: Effect caused by rapid acceleration or deceleration of patrol vehicle while obtaining a clock using moving radar. Patrol speed calculation is not accurate, causing faulty target reading.

2. Target Bumping: Same as batching.

3. Multiple Bounce: Radar beam is bounced off a radar reflective object. Several various effects mat be noted, depending upon circumstances.
           a. Patrol speed is doubled and presented in target window. No reading in patrol window (moving radar).
           b. Radar beam bounces off a building, sign, etc., to clock a target approaching from the rear instead of to the front. (moving or stationary. Not too frequent in moving mode, but possible.)
           c. Radar Beam bounces off reflective surfaces to clock a target over a hillcrest or around a curve in a canyon. The clock may be quite accurate, but is invalid due to no tracking history.       

4. Own Speed Capture: (Moving mode only) Patrol and target speed identical in the absence of a target vehicle.

5. Shadowing: Effect noted when patrol speed is referenced from a moving object. Patrol window shows opening or closing speed between moving object and adds the difference between false and true patrol speed onto target's speed.

6. Panning or Scanning: As defined by Webster's Unabridged Dictionary, both imply movement. As applied to CLETA Radar Instruction, either term describes moving the radar antenna to follow a target, "Quick-Draw" movement, etc.

7. Feedback Effect: Caused by aiming radar antenna at or across readout portion of control module. May result in high readings or unusual audio or both. (D.O.T. calls this panning)

8. Cosine Factor: Effect noted when an angle exists between the radar and a target. Effect on target speed varies according to circumstances.
           a. Stationary Radar - Always favors target vehicle. Displayed speed is less than true speed.
           b. Moving Radar - If no cosine angle exists on patrol speed, any cosine effect favors the target vehicle.
           c. Moving Radar - If a cosine angle is present on patrol speed, the error in patrol speed is added to the target vehicle's speed.

9. Interference: Accidental introduction of a false signal into a radar may be natural or man made in origin.

10. Jamming: Deliberate introduction of a signal to cause a false radar reading or to prevent any reading at all from being displayed.

11. Low Speed Combining: (Moving Radar Only) Effect noted when radar combines patrol and target speed and gives the speed in the patrol window. No target reading is present. Usually happens at or below low end of moving radar operating limit. (Older officers trained by manufacturer may refer to this as Low Speed Batching.)

12. Cosine Factor - Angle Error
            Error is linked to angle.
            v = Actual velocity
            va = Apparent velocity (what radar sees)
            va = v (cos 0)

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CERTIFICATION * CALIBRATION * SET UP
radar speed enforcement

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OPERATION AND USE
radar speed enforcement

1. Preferable to voir dire officer prior to introduction of speed reading
           Alternative: cross examination

2. Visual estimate of speed of Defendant's vehicle
           Reinforce lack of certification re visual estimation
           Distance of Defendant's vehicle at estimation of speed
           Length of time of observation prior to speed estimation
           Obstructions to vision
           Time of day of citation
           Light or dark

3. Weather date of stop
           Rain, sleet, snow, blowing dirt/sand/debris

4. Number of vehicles in each lane and each direction of travel

5. Describe defendant's vehicle

6. Describe other vehicles in proximity to Defendant's vehicle

7. Audio (Speedgun 8, K-55, MR-7, MR99, HR-8, K-911)
           On/Off
           Volume
           Doppler signal strength
           Detection of interference or other vehicles
           Describe sound
           TV or Radio test pattern
           pitch vary with speed of target
           volume vary with speed of target

8. Round off vs. lop off by device; i.e.: 49.4 or 49.6
           Speed unknown; insufficient evidence

9. Identification of terms and effect on radar device:
           Ghosting: weak signal or multiple bounce
           Shadowing: beam bounce off reflective object (trunk) add patrol to D.
           Low speed Combining: combine target & patrol in patrol window.
           Multiple Bounce: i.e.. buildings in town
           Panning: move stationary unit increase speed reading (stationary).
           Batching: rapid acceleration/deceleration of radar car (moving mode).
               radar device unable to interpret
           Cosine Error: angle of antenna to target (stationary unit or mode).
               45 Degree: 100 mph = 70 mph
               30 Degree: 100 mph = 86 mph Aim 500'_750" = 5 Degree
               20 Degree: 100 mph = 93 mph Lift.
               10 Degree: 100 mph = 98 mph
           Scanning: move stationary unit increase speed reading
               arc = 2_3 mph "Quick Draw"
               push =10 mph
               Same as panning
           Target Bumping
               Same as batching
           Feedback Effect: aim antenna at or across readout
               window ==> high reading.
           Interference: accidental false signal
           Jamming: deliberate introduction of false signal
           Own Speed Capture: Moving mode; own speed in patrol & target window.
           Beam shape
               Wedge from antenna - angle?
               NO: CIGAR SHAPE
               How identify target if unaware of beam shape and targets in zone
           Log of checks personal diary or journal
           Target distance

10. Accuracy
            Maximum distance with accuracy
            Minimum distance with accuracy

11. Interference
            Heater fan: false reading or shorten beam range
            Power source: direct to car battery, cigarette lighter, portable battery pack.
                Cigarette lighter = engine & all electrical interference
                Ignition alternator AC alternating current interference
            Shielded cable from power source to battery: hearsay
                engine & electrical interference *Panel instruments in in patrol car.
            Multiple cables twisted; antenna, power and remote control
                    Induction coil effect=increase speed reading
            Damage to antenna: effect signal received
            Damage to cords; exposed wires Inspection date of arrest
                suck in antenna or diodes and amplify

12. Location:
            Microwave transmitters; radio, CB, Amateur base stations, e.g. KBPI ROCKS THE ROCKIES
            High voltage power lines: how does officer check effect
            Hospital, doctor, dentist, chiropractors: X-ray
            Service station, banks, business: Neon Fluorescent Light
            Generators
            Arc welding equipment

13. Effect of weather
            Wind, rain, snow, blowing sand or debris

14. Buildings or reflective signs or burglar alarms
            Around curve: bounce off power lines
            Behind: bounce mirror

15. Area and traffic: size area and amount of traffic
            position, mass, speed of other

16. Moving or stationary mode

17. Automatic lock: first speed exceed threshold entered
            failure to release: improper speed for defendant.
            Lock, automatic or manual
                failure to relea