Colorado § 42-4-1709 - Penalty assessment notice for traffic infractions - violations of provisions by officer - driver's license - definition.

§ 42-4-1709. Penalty assessment notice for traffic infractions - violations of provisions by officer - driver's license - definition.

(1) Whenever a penalty assessment notice for a traffic infraction is issued pursuant to section 42-4-1701 (5)(a), the penalty assessment notice that the peace officer serves upon the defendant must contain the name and address of the defendant, the license number of the vehicle involved, if any, the number of the defendant's driver's license, if any, a citation of the statute alleged to have been violated, a brief description of the traffic infraction, the date and approximate location of the offense, the amount of the penalty prescribed for the traffic infraction, the amount of the surcharges pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, the number of points, if any, prescribed for the traffic infraction pursuant to section 42-2-127, and the date the penalty assessment notice is served on the defendant; must direct the defendant to appear in a specified county court at a specified time and place in the event the penalty and surcharges are not paid; must be signed by the peace officer; and must contain other information as may be required by law to constitute the penalty assessment notice to be a summons and complaint if the prescribed penalty and surcharges are not paid within the time allowed in section 42-4-1701.

(1.5) A penalty assessment notice issued and served pursuant to subsection (1) of this section on a minor under the age of eighteen years shall also contain or be accompanied by a document containing:

(a) A preprinted declaration stating that the minor's parent or legal guardian has reviewed the contents of the penalty assessment notice with the minor;

(b) Preprinted signature lines following the declaration on which the reviewing person described in paragraph (a) of this subsection (1.5) shall affix his or her signature and for a notary public to duly acknowledge the reviewing person's signature; and

(c) An advisement to the minor that:

(I) The minor shall, within seventy-two hours after service of the penalty assessment notice, inform his or her parent or legal guardian that the minor has received a penalty assessment notice;

(II) The parent or legal guardian of the minor is required by law to review and sign the penalty assessment notice and to have his or her signature duly acknowledged by a notary public; and

(III) Noncompliance with the requirement set forth in subparagraph (II) of this paragraph (c) shall result in the minor and the parent or legal guardian of the minor being required to appear in court pursuant to sections 42-4-1710 (1)(b), 42-4-1710 (1.5), and 42-4-1716 (4).

(2) One copy of said penalty assessment notice shall be served upon the defendant by the peace officer and one copy sent to the supervisor within the department and such other copies sent as may be required by rule of the department to govern the internal administration of this article between the department and the Colorado state patrol.

(3) The time specified in the summons portion of said penalty assessment notice must be at least thirty days but not more than ninety days after the date such penalty assessment notice is served, unless the defendant shall demand an earlier hearing.

(4) The place specified in the summons portion of said penalty assessment notice must be a county court within the county in which the traffic infraction is alleged to have been committed.

(5) Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant.

(6) Any officer violating any of the provisions of this section is guilty of misconduct in office and shall be subject to removal from office.

(7) (a) A person is not allowed or permitted to obtain or renew a permanent driver's, minor driver's, or probationary license if such person has, at the time of making application for obtaining or renewing such driver's license:

(I) to (V) (Deleted by amendment, L. 2021.)

(VI) Issued a check or order to the department to pay a penalty assessment, a driver's license fee, a license reinstatement fee, or a motor vehicle record fee and such check or order is returned for insufficient funds or a closed account and remains unpaid. For the purposes of this subsection (7), the term "insufficient funds" means having an insufficient balance on account with a bank or other drawee for the payment of a check or order when the check or order is presented for payment within thirty days after issue.

(VII) Repealed.

(VIII) (Deleted by amendment, L. 2021.)

(b) (Deleted by amendment, L. 2021.)

Source: L. 94: Entire title amended with relocations, p. 2423, § 1, effective January 1, 1995. L. 95: (7)(a) amended, p. 1004, § 2, effective July 1. L. 96: IP(7)(a) amended, p. 1205, § 6, effective July 1. L. 97: (7)(a)(VI) added, p. 1386, § 7, effective July 1. L. 2000: (2) amended, p. 1645, § 33, effective June 1; IP(7)(a) amended, p. 1359, § 39, effective July 1, 2001. L. 2003: (7)(a)(VII) added, p. 1388, § 1, effective August 6. L. 2004: (1.5) added, p. 1334, § 7, effective July 1, 2005. L. 2005: (7)(a)(VII) repealed, p. 838, § 3, June 1. L. 2007: (1) amended, p. 1121, § 7, effective July 1. L. 2009: (1) amended, (SB 09-241), ch. 295, p. 1580, § 8, effective July 1. L. 2012: IP(7)(a) amended and (7)(a)(VIII) added, (SB 12-044), ch. 274, p. 1448, § 3, effective June 8. L. 2021: (7) amended, (HB 21-1314), ch. 460, p. 3098, § 7, effective January 1, 2022. L. 2022: (1) amended, (HB 22-1150), ch. 53, p. 251, § 3, effective August 10.