Dan Murphy
By: Dan Murphy

It can be confusing and frustrating if the police pull you over for speeding in Denver. Knowing your rights in this situation can mean the difference between being sent on your way and being arrested. A Denver criminal defense attorney can come to your rescue if things go wrong.

Being pulled over doesn’t mean you’re automatically guilty of anything, but a law enforcement officer can cite or detain you. This legal principle is known as probable cause, and several factors determine the situation’s outcome.

After being pulled over by an officer, slow down, avoid slamming on the brakes, and don’t stop in the lane. Instead, use a turn signal and slow down, putting on your hazards to show that you acknowledge what is happening. You’ll also warn other road users of your intentions to pull over. Pull to the right and avoid the left shoulders, even if they’re wider.

How Can Police Prove You Were Speeding?

When a police officer says he thinks you were speeding, that’s merely his opinion, and he must do more to prove his claims. For you to be convicted, the officer must also provide evidence that collaborates his statement that you were speeding. Under English law, speeding is the only offense that requires proof of corroboration, which can be done in several ways.

The most common approach is by static or mobile hand-held laser or camera. The officer may also use a speedometer in his car to corroborate his opinion that you were speeding. The law also allows a second police officer to confirm the evidence of another officer.

In other words, the evidence provided by two police officers is enough to convict you of speeding. A Denver traffic offense lawyer can help you challenge the evidence of corroboration.

What Speed is Reckless Driving in Colorado?

Colorado Law provides a maximum speed limit for cars driven on public highways. The law stipulates the following speed limits, with an exception where there’s ice, fog, snow, or special hazards that require a lower speed:

  • 30 miles an hour in resident districts
  • 25 miles an hour in business districts
  • 20 miles an hour on narrow highways with winding or blind curves
  • 40 miles an hour on open mountain highways
  • 65 miles an hour on four-lane, surfaced highways in the interstate system or are expressways or freeways
  • 55 miles an hour on other open highways, not on the interstate system, not expressways, and not four-lane freeways
  • Any speed that doesn’t exceed a limit designated by a legally recognized traffic control device.

Remember, it’s not required for the speed limits to be shown on the highway for an officer to issue a speeding ticket.

How Many Points is a Speeding Ticket in Denver?

The state of Colorado has a “point system” that police officers utilize to keep track of traffic offenses for licensed drivers. You’ll be assigned points depending on the miles per hour over your driving speed limit. The more speed you exceed over the speed limit, the more points you get. The point values are as follows:

  • Speeding by 5-9 mph.- 1 point
  • Speeding by 10-19 mph- 4 points
  • Speeding by 20-39 mph – 6 points
  • Speeding by over 40 or more mph- 12 points

A driver between the ages of 16 and 18 can accumulate six points in a period of 12 consecutive months or seven points for the duration of the license. A driver between 18 and 21 can get nine points in 12 months, 12 points in 24 months, or 14 points for the duration of the license. Above 21 years, a driver can accumulate 12 points in 12 months or 18 points in 24 months before having the license suspended.

What Are the Penalties for Speeding in Denver?

The penalties for speeding in Denver vary from case to case. Driving over the speed limit by 25 miles per hour or less is classified as a Class A traffic infraction. It carries no jail time, but you may face penalties of:

  • Surcharges
  • Fines
  • Colorado DMV points on your driver’s license

Speeding by 25 mph or more over the limit is a traffic misdemeanor. Depending on the location, the penalties include:

  • Fines
  • DMV points
  • Possible jail time

The court could double the penalties if the speeding occurred in a repair, maintenance, or construction zone. A Denver traffic offense lawyer may be able to get your ticket reduced to a lesser offense and, in some cases, have it dismissed.

Can You Go to Jail for Speeding in Denver?

Careless driving in Denver is a traffic offense often resulting from disregarding the road and the surroundings while driving. The local police are always on the lookout for those driving carelessly. The penalties largely depend on whether someone got injured because of the speeding offense.

Fines, DMV points, and jail time are possible consequences. If another person sustained injuries because of speeding, you might get a jail time of 12 months. It could also attract a fine of $1,000. Let a Denver traffic offense lawyer help you in your case.

Is it Worth Fighting a Speeding Ticket?

You can present a strong defense against your speeding case with the help of an attorney to get your case reduced to a lesser offense or dismissed.

Effective defense strategies for speeding charges include:

  • Your driving didn’t cause any injuries
  • The impact of the elements was unavoidable
  • Your driving wasn’t careless

A Denver traffic offense lawyer can thoroughly examine your case and advise you on the next steps.

Experienced and Aggressive Defense for Your Rights

When the police pull you over for speeding in Denver, you may panic and not know what to do. To be on the safe side, don’t panic but get into contact with a criminal defense lawyer in Denver, CO, to help you in your case.

At our firm, we can help you put up a strong defense. Don’t let an unfortunate incident take away your driving privileges. Contact us today and let us represent you at the hearing.

Dan Murphy
By: Dan Murphy

Denver criminal defense lawyer Daniel M. Murphy provides clients in the Denver area with aggressive and sympathetic legal representation. He graduated from the University of Denver Law School in 1994 and worked as a public defender before starting his own practice in 1996. He has defended clients accused of the most difficult criminal and alcohol-related charges. He also serves as a Moot Court Judge for Denver-area law students who rely on his mentorship.