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1. Jail.  Driving under restraint traffic offenses are misdemeanor criminal charges and carry mandatory jail in addition to fine, court costs, points and other conditions as may be specified by statute or are reasonably related to rehabilitation.  Statutory minimum and maximum amounts of jail depend upon whether alcohol (DUI, DEAC or DWAI) conviction entered in any offense underlying the suspension, revocation or denial.  See below explanations.

2. Bail Bond.  If you were booked into jail, you have likely bonded since you are looking at this webpage.  Alternatively you have a loved one currently sitting in jail shortly after an arrest.  Pending trial, the fasted way to get out of jail is to procure a bail bond.  Refer to the BAIL BOND page for additional information.

3. First Appearance.  

        a.  The ticket is the charging document and advises defendant of the charges filed.  The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties.  At that time defendant will also be asked how he / she wishes to proceed with his / her case.  If defendant fails to appear, a warrant will be issued for his / her arrest.  If this office has been hired, I will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.
        b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

4. Court Appointed Counsel
        a.  If jail may be imposed for any period, including offenses less than 6 months jail, the state has an obligation to appoint an attorney for an indigent (poor) defendant.  An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty."  Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).
        b.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints the Public Defender's Office and if there is a conflict due to multiple defendants, the court a member of the private defense bar who has contracted with the state for court appointments.
        c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).  This could happen by reduction of the charge and waiver of jail by the prosecution.

5.  Entry of Plea & Demand for Trial.  

6. No Pre-Trial Conference.  Pursuant to Colorado Supreme Court Chief Justice Directive 08-05 (benchmarks) which pertains to delay prevention, performance review of judges and retention (judge's jobs), in May, 2008 the courts in El Paso County again changed policy.  DUI, DUS, DUR, traffic offense and misdemeanor cases are no longer set for pre-trial conference.  At the time of first appearance, attorney cases are now set for contested proceedings - subpoena duces tecum return, motion hearing, readiness hearing and jury trial.  Courts will not set motions hearing absent filing of a motion, therefore an initial motion to suppress will be filed with entry of appearance.  Prior to contested hearing dates, the defense attorney may negotiate with prosecutors to discuss possible alternatives and attempt to reach an agreement to dispose of the case.  This is called plea bargaining. Clients have inquired "What's a deferred sentence?"  Refer to the link for information.  Are prosecutors concerned with their statistics? If a plea bargain is obtained which is acceptable to the client, the case is dismissed or set for sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case is set for motion hearings or trial, or both. Locally the courts require a defendant's presence unless an out of state resident.  Offer of flat dismissal is unlikely in most cases.  The goal is to procure a disposition with which the defendant can live, e.g. not going to jail or not losing the driver's license, or perhaps a deferred sentence to a lesser charge which would not be reflected on the consumer driving abstract.  If a plea bargain is obtained which is acceptable to the client, contested hearings are vacated and the case is dismissed or set for sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case continues to contested hearings and trial.  Locally the courts require a defendant's presence unless an out of state resident.

7. Motions Hearings.  Counsel may file any of several motions available.  Traffic most common motions:

8. Trial.

9. Sentencing:  DUR offenses carry mandatory jail - see below.  The court may impose jail, fine, court costs and prosecution costs as provided by statutes.  Law requires every defendant make restitution (make the victim whole).  As a condition of probation, the court may also impose any other condition reasonably related to rehabilitation.  e.g. traffic safety class, useful public service, or if an alcohol related factual basis, alcohol education or therapy, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment.  Points are assessed for traffic offenses.  Based upon points reported by the court, the DMV may take adverse action against Colorado driving privileges.  DUR carries no points, just one additional year loss of license which must run consecutive (back to back) with any other license loss.  Habitual offender status may even be a possibility - that can occur from too many speeding or other minor infraction tickets.  DUR is a major violation for purposes of the habitual offender statute.

10. Preparation for Sentencing.
        In a criminal traffic case, counsel looks for facts which may lead to dismissal of charges or not guilty verdict. Plea negotiations are affected by weaknesses in the DA's case.
        "Shoot for the best - plan for the worst."  It is also wise to plan for other contingencies; conviction of an offense or infraction.  Anticipating you may subsequently face a judge, to prepare for the most favorable sentencing result a defendant should immediately commence 100 hours useful public service and a Level B or Level II traffic safety class.  That will also aid negotiations.

        Felony cases are similar to misdemeanor procedures noted above, except for a few differences.  The defendant is advised in County Court, then in El Paso County the case is transferred to District Court for advisement about a week later.  All proceedings transpire in District Court.  In other counties, preliminary proceedings may be held in County Court, and the case is transferred to District Court at a later time.

        In felony cases, proceedings are held in the division courtroom; the First Appearance Center is not utilized for felony matters.  No specific dates are set for negotiation between a Deputy DA and defense counsel or defendant as happens in misdemeanor cases (pre-trial conference.)  The court may set a case over for further proceedings, and negotiations are frequently conducted at the District Attorney's Office or by phone.  On the return date, the parties advise the court of status (settled, settlement pending or disposition unlikely.)  The court will then set another further proceedings uncontested court date, or will set motions hearing and trial dates.  Negotiations will likely be affected by the strengths or weaknesses of the District Attorney's case and what efforts, if any, defendant has made toward useful public service and / or traffic safety class, although those defendant remedial efforts are less likely to have an impact on a felony disposition than on a misdemeanor disposition. 

        DARP is not sufficiently serious to merit a preliminary hearing.  Contested cases are therefore set for motions hearing and jury trial.  In a felony case, a defendant is entitled to a jury of 12 whereas a misdemeanor is entitled to 6 jurors at the most.

        In both felony and misdemeanor offenses, at trial the prosecutors must prove each and every element of the offense charged beyond a reasonable doubt, and the jury must return a unanimous verdict.  Misdemeanor offenses carry county jail as a possible consequence.  Felony offenses carry state penitentiary longer periods of incarceration as a possible consequence.

        Colorado driver's license or Colorado driving privileges are suspended, revoked or denied as a result of conviction of alcohol related offenses, and/or driving privileges have been revoked for excessive alcohol content or refusing a chemical test and the driver is subsequently arrested on a charge of driving under restraint - suspension, revocation or denial:

CRIMINAL PENALTY
        FINE:  Minimum $500 - Maximum $1,000
        JAIL:  Mandatory minimum 30 days - 1 year maximum
        " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
    &nbs