Test 6

What is involved in a sexual assault?

-Can involve number of different circumstances including: -Victim under the influence -Force -Age -Voyeur Activity (Peeping Tom) -Indecent Exposure -

What does it mean when adjudicated dependent or neglected?

-Child is adjudicated dependent or neglected when: -Parent failed to visit the child pursuant to the treatment plan -Same problems continue with no improvement -Parent is unfit -Conduct or conditions of the parent or parents is unlikely to change within a reasonable time -Unfit under this provision means: -Physical and/or sexual abuse -History of violent behavior -Single incident of life-threatening behavior -Excessive use of alcohol or drugs -Neglect of the child

What is the exceptions for physical abuse?

-Colorado allows a parent to use reasonable and appropriate physical force on a minor. We look at factors including: -Age of child -Implement -Force used -Amount of force (number of times) -Circumstances surrounding incident

What are the rights and remedies for removal (19-3-212)?

-Law enforcement is the only entity that can remove a child without a court order. Human services can only remove a child with a court order. -Whenever a child is removed from both parents' control this form must be given to them. -Human services must be notified and they will facilitate placing the children. -If you need to remove the children due to a temporary situation such as when you are arresting the parents on non child abuse charges or warrants or the parents are intoxicated (unless this is a chronic situation) it does not fall under this procedure.

What is termination of the parent/child legal relationship?

-May occur when there is clear and convincing evidence that -Child is adjudicated dependent or neglected and the child has been abandoned -Child is adjudicated dependent or neglected and the court finds no appropriate treatment plan to address the unfitness of the parents -Unfitness means the parent exhibits one of the following: -Emotionally ill, mentally ill, or has a mental defect that makes them unable to care for the child -Committed a single incident resulting in SBI or disfigurement of the child -Parents are incarcerated •Caused a sibling to die or suffer SBI due to abuse or neglect •Has an identifiable pattern of habitual abuse •Committed an identifiable pattern of sexual abuse •Committed torture to the child, sibling, or other child of either parent

What is civil liability?

-The law protects a person acting in good faith and they will be immune from liability, civil or criminal, unless a competent jurisdiction determines such behavior was willful, wanton, and malicious.

What is the process for taking children into temporary custody (19-3-401)?

-Without a court order, an officer may take a child into temporary custody when the child: -Is abandoned, lost or seriously endangered or is endangering others -Is a runaway or has escaped from parents or guardians -When an arrest warrant has been issued for the parents/guardians for child sex abuse

What is the juvenile process?

1. Delinquent act-•Summons or take into custody •Based on violation, state law, and department policy 2. Temporary custody-•Screening Team (JAC) •Interrogation, search, due process considerations •Housing - sight and sound separation from adults, and no more than six hours in a secure area 3. court- •Detention Hearing •Direct Filing or Transfer •Trial •Sentencing

What are the different types of child abuse?

1. Physical •domestic violence •shaken baby cases •DUI •children exposed to meth labs 2. Neglet 3. Sexual Abuse

What is the purpose of the children's code (19-1-102)?

1. To secure care and guidance for children, PREFERABLY IN HIS OWN HOME, as will best serve his welfare and the interests of society; 2.Preserve and STRENGHTEN FAMILY TIES, including the improvement of the home environment; 3.Remove a child from parents ONLY when his welfare and safety or the protection of the public are endangered; 4.Secure any child who has been removed the necessary guidance to be a productive member of society.

What is eluding or attempting to elude police?

2 types of eluding. Misdemeanor and felony. Felony when they do something on top of it blowing stop signs, turn light off, reckless driving. 42-4-1413 Eluding or attempting to elude a police officer: ¡Any operator of a motor vehicle who the officer has reasonable grounds to believe has violated a state law or municipal ordinance, who has received a visual or audible signal such as a red light or a siren from a police officer driving a marked vehicle showing the same to be an official police, sheriff, or Colorado state patrol car directing the operator to bring the operator's vehicle to a stop, and who willfully increases his or her speed or extinguishes his or her lights in an attempt to elude such police officer, or willfully attempts in any other manner to elude the police officer, or does elude such police officer commits a class 2 misdemeanor traffic offense.

How many days do you have to register your vehicle?

90 days except for military it is 45 days after they return home ¨(4) (a) Within ninety days after becoming a resident of Colorado, an owner of a motor vehicle required to be registered by subsection (1) of this section shall register such vehicle with the department, irrespective of such vehicle being registered within another state or country. A person who violates this paragraph (a) is subject to the penalties provided in sections 42-6-139 and 43-4-804 (1) (d), C.R.S. ¨(b) Within forty-five days after the owner has returned to the United States, the provisions of this title relative to the registration of motor vehicles and the display of number plates shall not apply to motor vehicles registered with and displaying plates issued by the armed forces of the United States in foreign countries for vehicles owned by military personnel.

What are some characteristics for emergency possession of abandoned children (19-3-304.5)?

Also called safe haven -A parent can voluntarily deliver a child to a firefighter or hospital if: -Child is 72 hours old or younger -Parent did not express intent to return -That person will notify law enforcement and Human Services

What is the definition of an automobile?

Any motor vehicle

What is the definition of motor vehicle?

Any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include low-power scooters, wheelchairs, or vehicles moved solely by human power.

Which code is traffic in?

Colorado Revised Statues in title 42.. This is the state traffic code which is the basis for all municipal and adopted traffic codes in which you may use.

What is the definition of highway?

The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.

What is the definition of park or parking?

The standing of a vehicle, whether occupied or not, other than very briefly for the purpose of and while actually engaged in loading or unloading property or passengers

Who is required to mandatory report?

There are 37 •Public or private school official or employee. Medical personnel Therapists Peace officers Firefighters Commercial film developers clergy veterinarians dentists victim advocate animal control officers Child family investigators (CFI'S) Human services Probation Educator providing services through WIC Employees of private sports org. (2013) Emergency medical service providers (effective July,1,2014)

When may a juvenile receive a citation and may appear before a city or county court judge for what charges?

Traffic Tobacco possession Game and fish Parks and recreation law Marijuana offense Illegal possession or consumption of alcohol municipal or county ordinences where penalty is less than 10 days in jail.

What is described in ¨42-4-(1701-1709)?

Will describe what is necessary for citations, what penalties are assessed based on which violation, and what is required of Law enforcement for citations (penalty assessments or summons and complaint

What is the required information

Your identifying info Info about child and suspect (preferably address, home/work/cell number) Your observation (injury description) Your conversation with parties as close to verbatim as possible The emotion presentation of the child When you talked to the individual Any other pertinent info (past issues, etc.)

What are the rules about juvenile records? (19-1-304)

uJuvenile records may be available without an order of the court to: uThe juvenile, parents, guardian, legal custodian uAttorney or GAL uProbation uAgency having legal custody uAny law enforcement agency uAny court with jurisdiction over the juvenile uDept. of Human Services uC.B.I. uJuvenile records may be available without an order of the court to: uThe juvenile, parents, guardian, legal custodian uAttorney or GAL uProbation uAgency having legal custody uAny law enforcement agency uAny court with jurisdiction over the juvenile uDept. of Human Services uC.B.I. •Members of Child Protection Team •Persons conducting custody evaluation •State researcher •Victim and complainant if authorized by DA •Dept. of Corrections •School District

What are some rules on motorcycle?

¡A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on either side of the motorcycle. ¡No person shall operate a motorcycle while carrying packages, bundles, or other articles which prevent the person from keeping both hands on the handlebars. ¡No operator shall carry any person nor shall any person ride in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

When can you exceed the speed limit?

¨(2) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this article. The driver of an authorized emergency vehicle may: except that an authorized emergency vehicle being operated as a police vehicle while in actual pursuit of a suspected violator of any provision of this title need not display or make use of audible or visual signals so long as such pursuit is being made to obtain verification of or evidence of the guilt of the suspected violator. ¨(4) The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard (have to follow it when driving) for the safety of all persons, nor shall such provisions protect the driver from the consequences of such driver's reckless disregard for the safety of others.

What are some school bus requirments?

¨(II) A school bus shall be exempt from the provisions of subparagraph (I) of this paragraph (b) when stopped for the purpose of discharging or loading passengers who require the assistance of a lift device only when no passenger is required to cross the roadway. Such buses shall stop as far to the right off the roadway as possible to reduce obstruction to traffic. ¨(c) The alternating flashing yellow lights shall be actuated at least two hundred feet prior to the point where the bus is to be stopped for the purpose of receiving or discharging schoolchildren, and the red lights shall be actuated only at the time the bus is actually stopped. ¨(3) Every school bus used for the transportation of schoolchildren, except those small passenger-type vehicles described in subsection (1) of this section, shall be equipped with school bus pedestrian safety devices that comply with 49 CFR 571.131 or its successor regulation. ¨(4) The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway. For the purposes of this section, "highway with separate roadways" means a highway that is divided into two or more roadways by a depressed, raised, or painted median or other intervening space serving as a clearly indicated dividing section or island. ¨(5) Every school bus shall stop as far to the right of the roadway as possible before discharging or loading passengers; except that the school bus may block the lane of traffic when a passenger being received or discharged is required to cross the roadway. When possible, a school bus shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus that has stopped shall allow time for any vehicles that have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic. ¨(5) Every school bus shall stop as far to the right of the roadway as possible before discharging or loading passengers; except that the school bus may block the lane of traffic when a passenger being received or discharged is required to cross the roadway. When possible, a school bus shall not stop where the visibility is obscured for a distance of two hundred feet either way from the bus. The driver of a school bus that has stopped shall allow time for any vehicles that have stopped behind the school bus to pass the school bus, if such passing is legally permissible where the school bus is stopped, after the visual signal lights, if any, are no longer being displayed or actuated and after all children who have embarked or disembarked from the bus are safe from traffic.

What is the traffic code for change of adress?

¨42-2-119 - Notices - change of address or name ¨ ¨(1) (a) Whenever any person, after applying for or receiving a driver's license or identification card, moves from the address named in such application or in the license or identification card issued to such person or when the name of the licensee is changed, such person shall, within thirty days, provide notice to the department of such person's old and new address and the number of any license or identification card held by such person. Such notice shall be provided to the department in writing or in electronic form on the department's official web site. A licensee who changes his or her name shall, within thirty days, apply in person to renew such license pursuant to section 42-2-118 and in compliance with sections 42-2-107 and 42-2-305. ¨(2) All notices and orders required to be given to any licensee or registered owner under the provisions of the motor vehicle laws shall be in writing; and, if mailed, postpaid by first-class mail, to him or her at the last-known address shown by the records kept by the department pursuant to this article. Such mailing shall be sufficient notice in accord with the motor vehicle laws. Any notice or order of the department mailed first-class under the provisions of this title creates a presumption for administrative purposes that such notice or order was received if the department maintains a copy of the notice or order and maintains a certification that the notice or order was deposited in the United States mail by an employee of the department. Evidence of a copy of the notice mailed to the last-known address of the licensee as shown by the records kept by the department pursuant to this article and a certification of mailing by a department employee, or evidence of delivery of notice in person to the last-known address of the licensee as shown by the records kept by the department pursuant to this article, or evidence of personal service upon the licensee or upon any attorney appearing on the licensee's behalf of the order of denial, cancellation, suspension, or revocation of the license by the executive director of the department, or by the executive director's duly authorized representative, is prima facie proof that the licensee received personal notice of said denial, cancellation, suspension, or revocation. (3) Any person who violates subsection (1) of this section commits a class B traffic infraction.

What is unlawful possession or use of licence?

¨42-2-136 - Unlawful possession or use of license ¨ ¨(1) (a) No person shall have in such person's possession a lawfully issued driver's, minor drivers, or temporary driver's license or instruction permit, knowing that such license or permit has been falsely altered by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or any other means so that such license or permit in its thus altered form falsely appears or purports to be in all respects an authentic and lawfully issued license or permit. ¨(b) No person shall fraudulently obtain a driver's, minor driver's, or temporary driver's license or an instruction permit. ¨(2) No person shall have in such person's possession a paper, document, or other instrument which falsely appears or purports to be in all respects a lawfully issued and authentic driver's, minor driver's, or temporary driver's license or instruction permit, knowing that such instrument was falsely made and was not lawfully issued. ¨(3) No person shall display or represent as being such person's own any driver's, minor driver's, or temporary driver's license or any instruction permit which was lawfully issued to another person. ¨(4) No person shall fail or refuse to surrender to the department upon its lawful demand any driver's, minor driver's, or temporary driver's license or any instruction or temporary permit issued to such person which has been suspended, revoked, or cancelled by the department. The department shall notify the district attorney's office in the county where such violation occurred, in writing, of all violations of this subsection (4). ¨ ¨(5) No person shall permit any unlawful use of a driver's license issued to such person. ¨(5.5) No person shall photograph, photostat, duplicate, or in any way reproduce any driver's license or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in such driver's license unless authorized by the department or otherwise authorized by law. ¨ ¨(6) (a) Any person who violates any provision of subsections (1) to (5) of this section commits a class 2 misdemeanor. (b) Any person who violates any provision of subsection (5.5) of this section commits a petty offence and, upon conviction thereof, shall be punished as provided in section 18-1.3-501, C.R.S.

What are the characteristics of driving under restraint?

¨42-2-138 - Driving under restraint - penalty ¨(1) (a) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD is guilty of a class A traffic infraction. ¨(b) Upon a second or subsequent conviction under paragraph (a) of this subsection (1) within five years after the first conviction thereunder, in addition to any penalty imposed pursuant to said paragraph (a) of this subsection (1), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver's or minor driver's license or extended any driving privilege in this state for a period of three years after such second or subsequent conviction. ¨ ¨(c) This subsection (1) shall apply only to violations committed on or after July 1, 1974 ¨(d) (I) A person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person's license or privilege to drive, either as a resident or nonresident, is restrained under section 42-2-126 (3), is restrained solely or partially because of a conviction of DUI, DUI per se, DWAI, or UDD, or is restrained in another state solely or partially because of an alcohol-related driving offense commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, the person shall be punished by a fine of not less than five hundred dollars nor more than three thousand dollars. The minimum county jail sentence imposed by this subsection (1)(d)(I) shall be mandatory, and the court shall not grant probation or a suspended sentence thereof; but, in a case where the defendant is convicted although the defendant established that the defendant had to drive the motor vehicle in violation of this subsection (1)(d)(I) because of an emergency, the mandatory jail sentence, if any, shall not apply, and, for a first conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than one year and, in the discretion of the court, a fine of not more than one thousand dollars, and, for a second or subsequent conviction, the court may impose a sentence of imprisonment in the county jail for a period of not more than two years and, in the discretion of the court, a fine of not more than three thousand dollars. ¨(II) In any trial for a violation of subparagraph (I) of this paragraph (d), a duly authenticated copy of the record of the defendant's former convictions and judgments for DUI, DUI per se, DWAI, or UDD or an alcohol-related offense committed in another state from any court of record or a certified copy of the record of any denial or revocation of the defendant's driving privilege under section 42-2-126 (3) from the department shall be prima facie evidence of the convictions, judgments, denials, or revocations and may be used in evidence against the defendant. Identification photographs and fingerprints that are part of the record of the former convictions, judgments, denials, or revocations and the defendant's incarceration after sentencing for any of the former convictions, judgments, denials, or revocations shall be prima facie evidence of the identity of the defendant and may be used in evidence against the defendant. ¨(e) Upon a second or subsequent conviction under subparagraph (I) of paragraph (d) of this subsection (1) within five years after the first conviction thereunder, in addition to the penalty prescribed in said subparagraph (I), except as may be permitted by section 42-2-132.5, the defendant shall not be eligible to be issued a driver's or minor driver's license or extended any driving privilege in this state for a period of four years after such second or subsequent conviction. ¨(f) Upon a verdict or judgment of guilt for a violation of paragraph (a) or (d) of this subsection (1), the court shall require the offender to immediately surrender his or her driver's license, minor driver's license, provisional driver's license, temporary driver's license, or instruction permit issued by this state, another state, or a foreign country. The court shall forward to the department a notice of the verdict or judgment of guilt on the form prescribed by the department, together with the offender's surrendered license or permit. Any person who violates the provisions of this paragraph (f) by failing to surrender his or her license or permit to the court commits a class 2 misdemeanor traffic offense. ¨(2) (a) In a prosecution for a violation of this section, the fact of the restraint may be established by certification that a notice was mailed by first-class mail pursuant to section 42-2-119 (2) to the last-known address of the defendant, or by the delivery of such notice to the last-known address of the defendant, or by personal service of such notice upon the defendant.(b) In a prosecution for a violation of this section, the fact of restraint in another state may be established by certification that notice was given in compliance with such state's law. ¨(3) The department, upon receiving a record of conviction or accident report of any person for an offense committed while operating a motor vehicle, shall immediately examine its files to determine if the license or operating privilege of such person has been restrained. If it appears that said offense was committed while the license or operating privilege of such person was restrained, except as permitted by section 42-2-132.5, the department shall not issue a new license or grant any driving privileges for an additional period of one year after the date such person would otherwise have been entitled to apply for a new license or for reinstatement of a suspended license and shall notify the district attorney in the county where such violation occurred and request prosecution of such person under subsection (1) of this section. ¨(4) For purposes of this section, the following definitions shall apply: ¨ ¡(a) "Knowledge" means actual knowledge of any restraint from whatever source or knowledge of circumstances sufficient to cause a reasonable person to be aware that such person's license or privilege to drive was under restraint. "Knowledge" does not mean knowledge of a particular restraint or knowledge of the duration of restraint. ¨ ¡(b) "Restraint" or "restrained" means any denial, revocation, or suspension of a person's license or privilege to drive a motor vehicle in this state or another state. ¨ ¨(5) It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver's license issued subsequent to the restraint that is the basis of the violation.

What are the components of driving after revocation prohibited?

¨42-2-206 - Driving after revocation prohibited ¨ ¨ ¨(1) (a) (I) It is unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect. Any person found to be an habitual offender, who operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect, commits a class 2 traffic misdemeanor. ¨Any person convicted of violating subsection (1)(a)(I) of this section shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subsection (1)(a)(II) shall be in addition to any other penalty provided in section 42-4-1701. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subsection (1)(a)(II). ¨(b) (I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses: ¨(C) Reckless driving, as described in section 42-4-1401 ¨(D) Eluding or attempting to elude a police officer, as described in section 42-4-1413; ¨(E) Violation of any of the requirements specified for accidents and accident reports in sections 42-4-1601 to 42-4-1606; or(F) Vehicular eluding, as described in section 18-9-116.5, C.R.S. ¨(II) Aggravated driving with a revoked license is a class 1 traffic misdemeanor, punishable as provided in section 18-1.3-501, C.R.S.; except that a court shall sentence the offender to a mandatory minimum term of imprisonment of sixty days in the custody of a county jail. ¨HTO is convicted of three major traffic offenses within a seven year period ¨HTO revocation is for five years

What are some characteristics of registration?

¨42-3-103 - Registration required - exemptions ¨(1) (a) Within sixty days after purchase, every owner of a motor vehicle, trailer, semitrailer, or vehicle that is primarily designed to be operated or drawn upon any highway of this state or any owner of a trailer coach or of special mobile machinery whether or not it is operated on the highways, shall register such vehicle with the department. A person who violates this subsection (1) commits a class B traffic infraction. ¨(b) This subsection (1) shall not apply to the following: ¡(I) A bicycle, electric assisted bicycle, or other human-powered vehicle; ¡(II) Vehicles specifically exempted by section 42-3-104; and ¡(III) Any vehicle whose owner is permitted to operate it under provisions of this article concerning lienholders, manufacturers, dealers, nonresidents, and fleet owners. (c) A person who violates this subsection (1) two or more times in five years commits a class 1 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S. ¨(2) An owner of a foreign vehicle operated within this state for the transportation of persons or property for compensation or for the transportation of merchandise shall register such vehicle and pay the same fees and tax required by this article with reference to like vehicles. This provision shall not be construed to require registration or reregistration in this state of any motor vehicle, truck, bus, trailer, semitrailer, or trailer coach that is used in interstate commerce, but registration or reregistration shall be required in accordance with or to the extent that reciprocity exists between the state of Colorado and a foreign country or another state, territory, or possession of the United States. ¨(3) Every nonresident person who operates a business within this state and owns and operates in such business any motor vehicle, trailer, semitrailer, or trailer coach within this state shall be required to register each such vehicle and pay the same fees and tax therefor as are required with reference to like vehicles owned by residents of this state. This provision shall not be construed to require registration or reregistration in this state of any motor vehicle, trailer, or trailer coach that is used in interstate commerce, but registration or reregistration shall be required in accordance with or to the extent that reciprocity exists between the state of Colorado and a foreign country or another state, territory, or possession of the United States.

What are some characteristics of number plates?

¨42-3-202 - Number plates to be attached ¨(I) Except as provided in subsection (1)(a)(II) of this section, the owner shall attach the number plates assigned to a self-propelled vehicle to the vehicle with one in the front and the other in the rear. ¨(II) The owner shall attach the number plate assigned to any of the following vehicles to the rear of the vehicle: ¨(A) A motorcycle; ¨(B) An autocycle; ¨(C) A street rod vehicle; ¨(D) A trailer, semitrailer, or other vehicle drawn by a motor vehicle; or ¨(E) Special mobile machinery. ¨(III) The owner shall display number plates during the current registration year, except as otherwise provided in this article 3. ¨Editor's note: This version of paragraph (a) is effective January 1, 2023. ¨42-3-202 - Number plates to be attached ¨(I) Except as provided in subsection (1)(a)(II) of this section, the owner shall attach the number plates assigned to a self-propelled vehicle to the vehicle with one in the front and the other in the rear. ¨(II) The owner shall attach the number plate assigned to any of the following vehicles to the rear of the vehicle: ¨(A) A motorcycle; ¨(B) An autocycle; ¨(C) A street rod vehicle; ¨(D) A trailer, semitrailer, or other vehicle drawn by a motor vehicle; or ¨(E) Special mobile machinery. ¨(III) The owner shall display number plates during the current registration year, except as otherwise provided in this article 3. ¨Editor's note: This version of paragraph (a) is effective January 1, 2023. ¨(2) (a) Every number plate shall at all times be securely fastened to the vehicle to which it is assigned, so as to prevent the plate from swinging, and shall be horizontal at a height not less than twelve inches from the ground, measuring from the bottom of such plate, in a place and position to be clearly visible, and shall be maintained free from foreign materials and in a condition to be clearly legible. ¨(a) (I) The owner or driver of a motor vehicle shall securely fasten the license plate to the vehicle to which it is assigned so as to prevent the plate from swinging. ¨(II) Except when authorized by this article or rule of the department, each license plate must be: ¡(A) Horizontal at a height not less than twelve inches from the ground, measuring from the bottom of the plate; ¡(B) In a place and position to be clearly visible; ¡(C) Maintained free from foreign materials and clearly legible; and ¡(D) At the approximate center of the vehicle measured horizontally. ¨(III) Except when authorized by this article or rule of the department, the rear license plate must be mounted on or within eighteen inches of the rear bumper. ¨(b) A person shall not operate a motor vehicle with an affixed device or a substance that causes all or a portion of a license plate to be unreadable by a system used to automatically identify a motor vehicle. Such a device includes, without limitation, a cover that distorts angular visibility; alters the color of the plate; or is smoked, tinted, scratched, or dirty so as to impair the legibility of the license plate.(3) (a) A person who violates any provision of this section commits a class B traffic infraction. ¨(b) A person who violates paragraph (b) of subsection (2) of this section commits a class A traffic infraction and shall be punished by a fine of one hundred dollars. ¨ ¨(4) Notwithstanding subsections (1) to (3) of this section, the owner of a military vehicle may elect to not display the vehicle's assigned license plate if the license plate is physically in the military vehicle and is available for inspection to any peace officer who requests the plate.

What are the exceptions for driving on the right side?

¨42-4-1001 Drive on right side-exceptions: ¡Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except : úWhen overtaking and passing another vehicle proceeding in the same direction When an obstruction exists making it necessary to drive to the left of the center of the highway úUpon a roadway divided into three lanes for traffic úUpon a roadway restricted to one-way traffic ú

What are the laws for overtaking?

¨42-4-1008 Following too closely: ¡The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway ¨42-4-1008.5 Crowding or threatening bicyclist: ¡The driver of a motor vehicle shall not, in a careless and imprudent manner, drive the vehicle unnecessarily close to, toward, or near a bicyclist. ¨42-4-1013 Passing lane: ¡A person shall not drive a motor vehicle in the passing lane of a highway if the speed limit is sixty-five miles per hour or more unless such person is passing other motor vehicles that are in a non-passing lane or turning left, or unless the volume of traffic does not permit the motor vehicle to safely merge into a non-passing lane. ¡"Passing lane" means the farthest to the left lane if there are two or more adjacent lanes of traffic moving in the same direction in one roadway (HOV lane excepted)

What is obedience to police officers?

¨42-4-107 Obedience to police officers ¨No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control, or regulate traffic. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

What are the laws of speed limit?

¨42-4-1101 Speed Limits ¡No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions then existing. ¡Twenty miles per hour on narrow, winding mountain highways or on blind curves; ¡Twenty-five miles per hour in any business district ¡Thirty miles per hour in any residence district ¡Forty miles per hour on open mountain highways ¡Fifty-five miles per hour on other open highways which are not on the interstate system ¡Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system

What is speed contest?

¨42-4-1105 Speed contests - speed exhibitions - aiding and facilitating - immobilization of motor vehicle - definitions: ¡Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed contest on a highway. ¡"Speed Contest" means the operation of one or more motor vehicles to conduct a race or a time trial, including but not limited to rapid acceleration, exceeding reasonable and prudent speeds for highways and existing traffic conditions, vying for position, or performing one or more lane changes in an attempt to gain advantage over one or more of the other race participants. ¡Except as otherwise provided in subsection (4) of this section, it is unlawful for a person to knowingly engage in a speed exhibition on a highway ¡For purposes of this section, "speed exhibition" means the operation of a motor vehicle to present a display of speed or power. "Speed exhibition" includes, but is not limited to, squealing the tires of a motor vehicle while it is stationary or in motion, rapid acceleration, rapid swerving or weaving in and out of traffic, producing smoke from tire slippage, or leaving visible tire acceleration marks on the surface of the highway or ground.

What are some parking laws?

¨42-4-1201 Starting parked vehicle: ¡No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. Any person who violates any provision of this section commits a class A traffic infraction. ¨42-4-1204 Stopping, standing, or parking prohibited in specified places: ¡Except as otherwise provided in subsection (4) of this section, no person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or an official traffic control device, in any of the following places: ¡On a sidewalk, within an intersection, on a crosswalk, on a bridge or within a tunnel, on any railroad tracks, on any controlled access highway, in the area between roadways of a divided highway, within 5 feet of a public/private driveway, within 15 feet of a fire hydrant, within 20 feet of a crosswalk at an intersection, within thirty feet upon the approach to any flashing beacon or signal, stop sign, yield sign, or traffic control signal located at the side of a roadway; Within twenty feet of the driveway entrance to any fire station or, on the side of a street opposite the entrance to any fire station, within seventy-five feet of said entrance when properly signposted; at any other place where official signs prohibit standing. ¨42-4-1211 Limitations on backing: ¡The driver of a vehicle, whether on public property or private property which is used by the general public for parking purposes, shall not back the same unless such movement can be made with safety and without interfering with other traffic. ¡The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.

What is reckless driving?******

¨42-4-1401 Reckless Driving: ¡A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving.

What is careless driving?*****

¨42-4-1402 Careless Driving: ¡A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.

What is involved with failure to insure?

¨42-4-1409 Compulsory insurance-penalty: ¡ No owner of a motor vehicle or low-power scooter required to be registered in this state shall operate the vehicle or permit it to be operated on the public highways of this state when the owner has failed to have a complying policy or certificate of self-insurance in full force and effect as required by law. ¡No person shall operate a motor vehicle or low-power scooter on the public highways of this state without a complying policy or certificate of self-insurance in full force and effect as required by law

What are the laws against earphones while driving?

¨42-4-1411 Use of earphones while driving: ¡No person shall operate a motor vehicle while wearing earphones. ¡"Earphones" includes any headset, radio, tape player, or other similar device which provides the listener with radio programs, music, or other recorded information through a device attached to the head and which covers all of or a portion of the ears. "Earphones" does not include speakers or other listening devices that are built into protective headgear or a device or portion of a device that only covers all or a portion of one ear and that is connected to a wireless, handheld telephone.

What is the law on wearing a helmet when riding a motorcycle?

¨42-4-1502 Riding on motorcycles-protective helmet: ¡A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent seat if designed for two persons or upon another seat firmly attached to the motorcycle at the rear or side of the operator. ¨Each person under eighteen years of age is required to wear a protective helmet of a type and design manufactured for use by operators of motorcycles. ¨A person driving or riding a motorcycle need not wear a helmet if the motorcycle has: ¡Three wheels, maximum design speed of 25 mph or less, a windshield, and seatbelts. ¨42-4-1504 Clinging to other vehicles: ¡No person riding upon a motorcycle shall attach himself, herself, or the motorcycle to any other vehicle on a roadway.

What are the characteristics for accidents involving death or personal injuries?

¨42-4-1601 Accidents involving death or personal injuries - duties: ¡The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary. ¡It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection, leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603 (2) and 42-4-1606. úAny person who violates any provision of this section commits: A class 1 misdemeanor traffic offense if the accident resulted in injury to any person A class 4 felony if the accident resulted in serious bodily injury to any person; A class 3 felony if the accident resulted in the death of any person.

What is the duty for accidents involving damage?

¨42-4-1602 Accident involving damage - duty: ¡The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense. ¡When an accident occurs on the traveled portion, median, or ramp of a divided highway and each vehicle involved can be safely driven, each driver shall move such driver's vehicle as soon as practicable off the traveled portion, median, or ramp to a frontage road, the nearest suitable cross street, or other suitable location to fulfill the requirements of section 42-4-1603.

What is the duty to give notice?

¨42-4-1603 Duty to give notice, information, and aid: ¡(1) The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, the driver's address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person. ¡(2) In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under subsection (1) of this section and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection (1) of this section, insofar as possible on the driver's part to be performed, shall immediately report such accident to the nearest office of a duly authorized police authority as required in section 42-4-1606 and submit thereto the information specified in subsection (1) of this section.

What is the law for duty upon striking unattended vehicle or other property?

¨42-4-1604 Duty upon striking unattended vehicle or other property: ¡The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and either locate and notify the operator or owner of such vehicle or other property of such fact, the driver's name and address, and the registration number of the vehicle he or she is driving or attach securely in a conspicuous place in or on such vehicle or other property a written notice giving the driver's name and address and the registration number of the vehicle he or she is driving. The driver shall also make report of such accident when and as required in section 42-4-1606. Every stop shall be made without obstructing traffic more than is necessary. This section shall not apply to the striking of highway fixtures or traffic control devices which shall be governed by the provisions of section 42-4-1605. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

What is the law for duty upon striking highway fixtures or traffic control device?

¨42-4-1605 Duty upon striking highway fixtures or traffic control devices: ¡The driver of any vehicle involved in an accident resulting only in damage to fixtures or traffic control devices upon or adjacent to a highway shall notify the road authority in charge of such property of that fact and of the driver's name and address and of the registration number of the vehicle he or she is driving and shall make report of such accident when and as required in section 42-4-1606. Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.

What is the duty to report accidents?

¨42-4-1606 Duty to report accidents: ¡The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603 (1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603 (2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat.

What is an unsafe vehicle?

¨42-4-202 Unsafe Vehicles ¡Unlawful to operate or permit the operation of an unsafe or defective vehicle. ¨42-4-203 Unsafe Vehicles-spot inspections ¡Allows officers with reasonable cause, may require driver of a vehicle to submit to a vehicle equipment inspection. ¡The fact that it is an older vehicle, does not constitute reasonable cause.

When are lights required?

¨42-4-204 When lighted lamps are required: ¡Between sunrise and sunset. ¡Any other time when lighting or atmospheric conditions are unfavorable. ¡Persons and vehicles on the highway are not discernible at a distance of one thousand feet ahead. ¨42-4-206 Tail lamps and reflectors: ¡Required for all vehicles, trailers, to be equipped with at least one tail lamp. ¡Must emit red color light and be visible from 500 feet away. ¡Either a tail lamp or separate lamp must illuminate the license plate with a WHITE light to make it visible from a distance of 50 feet. ¡Every vehicle must have at least 1 red reflector to the rear of the vehicle (either in tail lamp or separately mounted). ¨42-4-209 Lamp or flag on projecting load: ¡When load exceeds more than 4 feet beyond body of vehicle. ¡Red light if lighted lamps are required, minimum 12 inch square red flag during all other times. ¡

What are the rules of tint?

¨42-4-227 Windows unobstructed: ¡Cannot have film on windows that allows less than 27 % light transmittance. ¡Windows to the rear of the driver's compartment can have less than 27% if the front windows allow at least 70% light transmittance. ¡No tinting of the windshield is permitted. ¡L.E. vehicles can have less than 27% for the purpose of providing a law enforcement service.

What is the law for car seats?

¨42-4-236 Child restraint systems required-exemptions ¡Any child under the age of 8 is required to be restrained in child restraint system. ¡Less than 1 year and 21 pounds- Rear facing seat ¡Between ages 1 to 4 & less than 40 lbs. - rear or forward facing. ¡Every child over 8 but less than 16 is required to be seat belted. Primary Violation ¨Exceptions: medical emergency and seat not available, in a commercial motor vehicle operated by child care center, in limo or other vehicle that is in business of transporting persons for compensation.

What are regular seat belt requirements?

¨42-4-237 Safety belt systems-mandatory use-exemptions: ¡Every driver and front seat passenger while vehicle is operated on public roadway ¡Secondary Violation ¨Exceptions: Child required to be restrained by child restraint system, member of ambulance, a peace officer performing official duties, physical or psychological condition (must have doctors note with them at ALL times), postal carrier, residential or commercial delivery driver. ¡ ¨

What are the laws of telephone use while driving?

¨42-4-239 Misuse of a wireless telephone: ¡Persons under 18: Shall not talk on or listen to a wireless telephone, or engage in wireless telephone for text messaging or other similar forms of manual data entry or transmission. ¡Persons over 18: Shall not use a wireless telephone for the purpose of engaging in text messaging or other similar forms of manual data entry. ¡Cannot seize phone as evidence. ¨Exceptions: During emergency or contacting public safety entity.

What are the laws for traffic signals?

¨42-4-603 Obedience to official traffic control devices: ¡No driver shall disobey any traffic control device unless otherwise directed by a police officer. 42-4-605 Flashing Signals: ¡Flashing yellow- Driver can proceed through intersection with caution ¡Flashing red- Treated as a stop sign and driver must come to complete stop ¨42-4-608 Signals by hand or signal device: ¡Any stop or turn shall be given by either hand direction or signal lamps. ¨42-4-702 Vehicle Turning left: ¡Driver of a vehicle intending to turn left in an intersection or into an alley, private road, or driveway shall yield the right-of-way to any approaching vehicles from the opposite direction. ¨

What are the rules for right of way?

¨42-4-705 Operation of vehicle approached by emergency vehicle - operation of vehicle approaching stationary emergency vehicle or stationary towing carrier vehicle: ¨(1) Upon the immediate approach of an authorized emergency vehicle making use of audible or visual signals meeting the requirements of section 42-4-213 or 42-4-222, the driver of every other vehicle shall yield the right-of-way and where possible shall immediately clear the farthest left-hand lane lawfully available to through traffic and shall drive to a position parallel to, and as close as possible to, the right-hand edge or curb of a roadway clear of any intersection and shall stop and remain in that position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. ¨(2) (a) A driver in a vehicle that is approaching or passing a stationary authorized emergency vehicle that is giving a visual signal by means of flashing, rotating, or oscillating red, blue, or white lights as permitted by section 42-4-213 or 42-4-222 or a stationary towing carrier vehicle that is giving a visual signal by means of flashing, rotating, or oscillating yellow lights shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2). ¨c) On a highway that does not have at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle or stationary towing carrier vehicle is located, or if movement by the driver of the approaching vehicle into an adjacent moving lane, as described in paragraph (b) of this subsection (2), is not possible, the driver of an approaching vehicle shall reduce and maintain a safe speed with regard to the location of the stationary authorized vehicle or stationary towing carrier vehicle, weather conditions, road conditions, and vehicular or pedestrian traffic and proceed with due care and caution, or as directed by a peace officer or other authorized emergency personnel. ¨(2.5) (a) A driver in a vehicle that is approaching or passing a maintenance, repair, or construction vehicle that is moving at less than twenty miles per hour shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.5). ¨(2.6) (a) A driver in a vehicle that is approaching or passing a motor vehicle where the tires are being equipped with chains on the side of the highway shall exhibit due care and caution and proceed as described in paragraphs (b) and (c) of this subsection (2.6). ¨(3) (a) Any person who violates subsection (1) of this section commits a class A traffic infraction.(b) Any person who violates subsection (2), (2.5), or (2.6) of this section commits careless driving as described in section 42-4-1402.

What are the laws for pedestrians?

¨42-4-801 Pedestrian obedience to traffic control devices and traffic regulations: ¡A pedestrian shall obey the instructions of any official traffic control device specifically applicable to the pedestrian, unless otherwise directed by a police officer. ¨42-4-802 Pedestrians' right-of-way in crosswalks: ¡(1) When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger. ¨ ¡ (2) Subsection (1) of this section shall not apply under the conditions stated in section 42-4-803. ¡(3) No pedestrian shall suddenly leave a curb or other place of safety and ride a bicycle, ride an electrical assisted bicycle, walk, or run into the path of a moving vehicle that is so close as to constitute an immediate hazard. ¨42-4-803 Crossing at other than crosswalks: ¡Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

What is the required position for turning?

¨42-4-901 Required position and method of turning: ¡Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway. ¡Left turns. The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection so as to leave the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as such vehicle on the roadway being entered.

What are the limits on turning around?

¨42-4-902 Limitations on turning around: ¡No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic. ¡The driver of any vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic.

What are the laws of turning?

¨42-4-902 Limitations on turning around: ¡No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within such distance as is necessary to avoid interfering with or endangering approaching traffic. ¡The driver of any vehicle shall not turn such vehicle at an intersection or any other location so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with or endangering other traffic. ¨42-4-903 Turning movements and required signals: ¡No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in section 42-4-901, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in sections 42-4-608 and 42-4-609. ¡A signal of intention to turn right or left shall be given continuously during not less than the last one hundred feet traveled by the vehicle before turning in urban or metropolitan areas and shall be given continuously for at least two hundred feet on all four-lane highways and other highways where the prima facie or posted speed limit is more than forty miles per hour. Such signals shall be given regardless of existing weather conditions. ¡

What is the definition of official traffic control devices?

¨All signs, signals, markings, and devices, not inconsistent with this title, placed or displayed by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

What is the definition of authorized emergency vehicles?

¨Authorized Emergency Vehicle: means such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a governmental agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law

What are the characteristics of defendant discovery?

¨Be sure to review any evidence the defendant may present against you. (again, any submittable evidence). ¨ ¨The Judge or Magistrate will confirm this has happened, and if it has not taken place prior to testimony it will take up the courts time. Remember how many citations happen in a day.

What is involved in the drivers license?

¨C.R.S. 42-2-101 - Licenses for drivers required: ¨ ¨(1) Except as otherwise provided in part 4 of this article for commercial drivers, no person shall drive any motor vehicle upon a highway in this state unless such person has been issued a currently valid driver's or minor driver's license or an instruction permit by the department under this article. ¨(2) No person shall drive any motor vehicle upon a highway in this state if such person's driver's or minor driver's license has been expired for one year or less and such person has not been issued another such license by the department or by another state or country subsequent to such expiration. ¨(3) No person shall drive any motor vehicle upon a highway in this state unless such person has in his or her immediate possession a current driver's or minor driver's license or an instruction permit issued by the department under this article. ¨ ¨(4) No person who has been issued a currently valid driver's or minor driver's license or an instruction permit shall drive a type or general class of motor vehicle upon a highway in this state for which such person has not been issued the correct type or general class of license or permit. ¨ ¨(5) No person who has been issued a currently valid driver's or minor driver's license or an instruction permit shall operate a motor vehicle upon a highway in this state without having such license or permit in such person's immediate possession. ¨(6) A charge of a violation of subsection (2) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance, exhibits to the court a currently valid driver's or minor driver's license. ¨(7) A charge of a violation of subsection (5) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant's scheduled court appearance, exhibits to the court a currently valid license or permit issued to such person or an officially issued duplicate thereof if the original is lost, stolen, or destroyed. ¨ ¨(8) The conduct of a driver of a motor 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 injury sought to be prevented by this section; or(b) The applicable conditions for exemption, as set forth in section 42-2-102, exist. ¨(9) The issue of justification or exemption is an affirmative defense. As used in this subsection (9), "affirmative defense" means that, unless the state's evidence raises the issue involving the particular defense, the defendant, to raise the issue, shall present some credible evidence on that issue. If the issue involved in an affirmative defense is raised, then the liability of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the traffic infraction. ¨ ¨(10) Any person who violates any provision of subsection (1) or (4) of this section is guilty of a class A traffic infraction. Any person who violates any provision of subsection (2), (3), or (5) of this section commits a class B traffic infraction.(11) Notwithstanding any law to the contrary, a second or subsequent conviction under subsection (1) or (4) of this section, when a person receiving such conviction has not subsequently obtained a valid Colorado driver's license or the correct type or general class of license, shall result in the assessment by the department of six points against the driving privilege of the person receiving such second or subsequent conviction.

What is the definition of driver?

¨Every person, including a minor driver under the age of twenty-one years, who drives or is in actual physical control of a vehicle.

What is the duty of a officers investigating a crash?

¨It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident.

What is the definition of minor drivers license?

¨License issued to a person who is at least sixteen years of age but who has not yet attained the age of twenty-one years.

What is model traffic code?

¨Model traffic code is an adopted version of the state title 42 code, that unincorporated counties and municipalities use. This allows us to write traffic code into a "county ordinance or city ordinance" making most (not all) traffic infractions enforceable to county court or city court.

What are the characteristics of tickets?

¨Most agencies are using electronic ticketing systems now (like Brazos). ¨Electronic ticketing makes for faster traffic stops and more efficient time management (but be aware it is prone to operator errors) ¨Errors include not proofing automatically copied information, clicking wrong charge, too many charges, etc.

What are the characteristics of discovery in traffic court?

¨Rules of evidence are generally more relaxed in traffic court. ¨However, you are still required to present discovery the day of trial. 1.This includes certifications that are applicable, Body camera, Dash camera, and any other evidence that may be submitted to the court for evidence. ● ¨Note: All evidence must be submittable to court (flash drive)

When so we not complete an investigation?

¨The law enforcement officer shall not be required to complete an investigation or file an accident report: In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person; except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance; or

What is the difference between infraction and offense?

¨Traffic infraction (class A or B) points off with fine ¨Traffic offense (class A or B) have to go to court

What is a status offense?

• a juvenile offender who has been charged with or adjudicated for conduct which would not, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult.

What are the laws of interrogation (19-2.5-203)?

•-> No statements or admissions of a juvenile made under CUSTODIAL INTERROGATION shall be admissible unless a parent, guardian, or legal or physical custodian or a responsible adult acting in that role was present, and they were all advised of Miranda. Legal representation can substitute for parents •-> Child and parent can waive (must be in writing after full advisement) the parent's presence. If Human Services are appointed legal guardian, they cannot waive right to be present during custodial interrogation

What is insufficient age?

•: Under 10 yoa no child shall be found guilty of any offense.

What is the process when trying Juvenile's like adults?

•A juvenile who is to be tried as an adult for criminal proceedings pursuant to a direct file or transfer shall not be held in an adult jail unless the district court finds, after a hearing, that the jail is the appropriate place of confinement. •A juvenile arrested on minor charges (traffic, ordinance viol, etc) should be taken before the court or detained in a juvenile detention facility. A juvenile cannot be in-processed in a jail more then 6 hours and while there must be sight and sound segregated from adults. A violation of this section can result in the Sheriff or Chief of Police being fined- no more than a $1000. •A juvenile who allegedly commits a status offense shall not be held in a secure area of a jail. Violations may result in fines to the Sheriff or Chief of Police.

What are some aspects for sentencingas a parent?

•A sentence imposed may require a parent/guardian to: • •Perform, with the juvenile, volunteer (not so voluntarily though) service in the community designed to contribute to the rehabilitation of the juvenile or the ability of the parent or guardian to provide proper parental care and supervision of the juvenile • •Attend parental responsibility training • •Perform, with the juvenile, services for the victim • •Make restitution to the victim, not to exceed $25,000 for any one delinquent act unless it is shown the parent has made a diligent, good faith effort to prevent or discourage the juvenile in engaging in delinquent activity.

What is neglect?

•Can cross all socio-economic groups •Leaving a child unattended at home (no legal age in Colorado to leave child along-based on cognitive ability of child and circumstances) •Leaving a child unattended in a car •If outside, it is 93 in a car it will be 125 in 20 minutes even with the window cracked •140 degrees in 40 minutes

What are the conditions transfers?

•Child is 12 or 13 and committed a delinquent act that constitutes C-1-F or C-2-F or crime of violence •Child is 14 or older and committed a felony •After investigation and hearing jurisdiction may be transferred to District Court •Same sentencing options as direct file •The seriousness of offense and whether protection of comm. requires isolation of juvenile •Offense committed in aggressive, violent, premeditated, or willful manner •Person or property crime •Maturity of juv. as considered juv. home, environment, emotional attitude, and pattern of living •Juvenile's history •Likelihood of rehabilitation •Interest of the community •Impact of the victim •Use or possessed and threatened the use of a deadly weapon

What is the process for searches?

•Consent: 19-2.5-202- In determining the voluntariness of a juvenile's consent to a search or seizure, the court shall consider the totality of circumstances •If a juvenile is in temporary custody, he or she cannot give consent to a search without the presence of parents/legal guardians. People vs Reyes •Same due process rules that apply to adults apply to juveniles. If not in custody, a juvenile may consent to a search the same as is provided for adults

What is detention hearing?

•Court may order that the juvenile: •Be released to parents (PR) •Be placed in a shelter facility •Be held until bond is posted •Be held without bail and further detained pending charges •Be placed in a preadjudication service program •The court may further detain a juvenile if danger to himself or community. Rebuttable evidence includes the juvenile alleged to have: •Committed a crime of violence •Used or possessed a firearm and threatened to use the weapon in the commission of a felony persons crime •Committed a weapons offense

What is direct filing? (18-2.5-801)

•Direct Filing: a filing that goes directly to District Court. Requirements are that a juvenile who was 16 or older committed: •Class 1 or 2 Felony •Sexual assault crime of violence or sexual assault pursuant to 18-3-402 (5)(a) •Crime of violence, sexual assault (non crime of violence), sexual assault on a child only if the offender has a prior felony adjudication. •Allows if juvenile has been previously direct filed on or transferred to adult court •

What are the different jurisdictions?

•Human Services •Responsible for investigating intra-familial or institutional abuse or if the suspect is under 10 yoa •Jurisdiction falls where the child primarily reside •Law Enforcement •Responsible for investigating 3rd party abuse •Jurisdiction falls where the crime occurred.

Will the suspect know you reported?

•Human services by law cannot disclose reporting party on child abuse cases. •If the case is prosecuted then the defendant will have access to all info obtained during investigation.

What is the process for housing juveniles?

•If taken into detention, a juvenile is entitled to a hearing within 48 hours (excluding weekends and holidays) •The purpose of the detention hearing is to determine if the juvenile is to be detained further and consider conditions for that detention

What are some steps to adjudication?

•Juvenile is entitled to preliminary hearing under same conditions as adult (1, 2, 3 Felonies, crime of violence, sex offenses, or in custody) •Mandatory protection orders are issued at juvenile's first appearance and stay in effect until final disposition (applies to juveniles and parents) •All due process afforded adults are afforded juveniles •Prior felony convictions or adjudications may be used to show witness credibility •Juvenile has right to testify (is informed outside presence of jury) •Evidence obtained in good faith shall not be suppressed •Voluntary confessions shall not be suppressed •If adjudicated a delinquent (found guilty) then a presentence investigation report will be conducted by probation •After making a determination of guilt the court shall hear evidence of the proper disposition of what will best serve the juvenile and the public

What is the duties of officers after taking a juvenile into custody (19-3-402)?

•Juvenile shall be released to the care of parents unless the officer or court determines: •There is concern for child's immediate welfare •There is a concern for the protection of the community •If the juvenile cannot go home, notify the screening team (JAC). The screening team will notify the parents. •Release after identifying info is obtained and parents are notified. •Assessment Centers are always an option to take runaways and out of control juveniles.

What are some characteristics of protection orders?

•Law enforcement may obtain an emergency protection order when a child is a victim of domestic abuse or unlawful sexual behavior (same form as that used for domestic violence) •Can restrain suspect from child or wherever child may be found •Generally expires at the close of the next business day can be extended for crimes involving children during the investigative phase

What is a deliquent act?

•Means a violation of any statute, ordinance, or order

What constitutes taking a child into temporary custody (19-3-401)?

•Probable Cause: Law enforcement may take a juvenile into temporary custody if the officer has reasonable grounds that he or she committed a delinquent act or if they have a lawful warrant •Probation can take into temporary custody if they commit a delinquent act or if they violate terms of prob. •Citizen Arrest: Private citizen may if they committed a delinquent act in their presence (must notify LE without delay)

How should you report?

•Report to human services or appropriate law enforcement jurisdiction. •If the case is emergent (parent shows up intoxicated, the child is in imminent danger, or it is after business hours then call law enforcement). •First verbally and then with a written report.

How does the investigation work?

•Someone will respond to where the child is. THEN •Order from Chief Judge of the 18th Judicial District which allows us to interview a child who is the subject of possible child abuse at a school, day care, or any other place where a child may be found •19-3-306: Any medical personnel that has a child in front of them that they reasonably know has been abuse or neglected may take color photographs of the child. These will be forwarded to Human Services or law enforcement. •Copies of x-rays shall also be available (mostly done digitally now) -No privilege between patient and doctor in regard to child abuse -No privilege between husband and wife in regard to child abuse - -Ultimately child may be interviewed at Sungate (Child Advocacy Center). 19-3-401 requires interviews done by "competent interviewers" and strongly encourages recording of interview with child. -If sexual abuse a medical exam may be performed (SANE) -Safety plan will be created (usually done through human services). -If standard of proof is met-case will be filed with D.A.

What are the different types of interrogation?

•Telephone interrogation: •an officer may question a juvenile by phone, and this is not custodial interrogation requiring parental consent. People in the interest of J.C. •Questioning juveniles as victims or witnesses does not require parental consent •Custodial Interrogation includes actions and words calculated to elicit an incriminating response. "Do you know why you are here?" People vs. Lowe •Interrogation techniques (trickery) acceptable to parents • may not be when interrogating juveniles given their mental and psychological characteristics. • Rhode Island vs. Innis

What is involved in mandatory reporting (19-3-304)?

•The mandatory reporting statute was enacted by legislators through the Child Protection Act of 1987. THEN •If a person "suspects" that a child has been subject to abuse or neglect they shall immediately report to law enforcement or human services.

What is the definition of a child?

•Title 19 defines a child as a "PERSON UNDER THE AGE OF 18." (Title 18 defines the age of a child differently based on each statute). •"Person" is not defined in Title 19 but it is in 18-3-101 as "a human being who had been born and was alive at the time of the homicidal act."

What is involved in a release to a school district?

•When a petition is filed in juvenile court involving: •Any Felony •Any C-1-M •Menacing, harassment, 4th Deg Arson, MVT, Crim, Mischief, hazing, Poss of handgun by Juv. THEN •DA has to notify suspect's principal and provide arrest and criminal records within 3 working days

How do you know if a child has been abused?

•You are not required to know-but if you suspect then report. •If a child presents with injuries inconsistent with explanation (scraped knee versus black eye from "falling down").