Friday, May 9, 2025

Colorado Judicial System: How to Find Your Next Court Date, Jury Duty, Fine Payments, and Webex Virtual Courtrooms 

If you’re involved in a legal matter in Colorado—as a defendant, juror or party to a civil case—it’s important to know how to access your court information, fulfill jury duty, pay fines and attend virtual hearings. The Colorado Judicial Branch has several online tools to help you with these areas. Our law offices are located in Colorado Springs, so a lot of the resources below are specific to El Paso County and Colorado’s Fourth Judicial District. However, some of the links are for statewide resources that you can use to look up information about every Colorado County, and the specifics of your case.  

Find Your Court Date and Location 

To find your upcoming court date and courthouse, use the Colorado Judicial Branch’s Docket Search tool: 

  1. Go to Docket Search: https://www.coloradojudicial.gov/dockets 
  1. Enter Required Information: Enter at least one filter in addition to the date, such as: 
  • Judicial District 
  • County 
  • Courthouse 
  • Court Type 
  • Division 
  • Case Number 
  • Party Name 
  • Attorney Name 
  1. Review Results: After you submit your search, you’ll get a list of dockets that match your criteria, including date, time, and location of the hearing. 

Note: Make sure you have specific information about your case to narrow down your search. 

Jury Duty Information 

If you’ve received a jury summons in Colorado, here’s what to do: 

  • Understand Your Summons: Jury summons are generated from driver’s license records, the Department of Revenue, and voter registration lists. Make sure your information is up to date with these agencies so you get summoned correctly. 
  • Confirm Your Service: After 5:00 p.m. the business day before your reporting date, check the reporting information: 
  • Online: Colorado Judicial Branch’s Jury Information page. 
  • Phone: Call the number on your summons to see if you need to report. 
  • Prepare for Service
  1. Fill out and sign the juror questionnaire on the back of your summons. 
  2. Bring the entire summons with you when you report. 
  3. Arrange for childcare in advance as children are not allowed during jury service. 

For more information, go to Jury Summons Information page. 

Pay Court Fines and Fees 

To pay court-ordered fines and fees in Colorado, you have several options: 

  1. Online Payment: Go to Payment Portal: https://www.its.courts.state.co.us/cjop
  • Choose Your County: Select your county. 
  • Search for Your Case: Enter your case number, ticket number or name. 
  • Pay Now: Follow the prompts to pay securely. 
  1. In Person
  • Visit the Collections Office: Go to the collections office in your county. 
  • Payment Options: Credit/debit cards (except American Express), cash, check or money order payable to Clerk of Court. 
  1. By Phone
  • Call Collections Department: For example, in El Paso County, call (719) 452-5093 between 8:00 a.m. and 5:00 p.m. 
    Every Colorado County will have different contact information.  
  1. By Mail
  • Send Payment: Mail a check or money order payable to Clerk of Court with your name and case number—separate payments for separate cases. 

For county-specific payment information, go to Collections & Payments page. 

Join Webex Virtual Courtrooms 

Many Colorado courts offer virtual hearings via Webex. To join a virtual courtroom: 

  1. Get Approval: Make sure you have prior approval from the court to appear virtually. 
  1. Find Your Virtual Courtroom
  • Choose Your County: Select your county to find the virtual courtroom link. 
  1. Join the Hearing
  • Webex App: Enter the meeting number/access code provided by the court. 
  • By Phone: 720-650-7664 and enter the meeting number/access code. 

Note: Do not try to join a virtual courtroom without prior approval as access may be restricted. 

More Resources 

  • Self-Help Resources: Court forms, rules, and procedures at Self-Help Resources. 
  • Contact Information: For specific questions, contact your local courthouse. For example, El Paso County residents call 719-452-5000 or email 04SelfHelp@judicial.state.co.us. 

By using these resources, you can manage your court responsibilities in the Colorado Judicial System. If you have specific questions about your case, feel free to contact the Colorado Springs defense attorneys at 719-227-0022

The post Colorado Judicial System: How to Find Your Next Court Date, Jury Duty, Fine Payments, and Webex Virtual Courtrooms  first appeared on McDowell Law Firm.



from McDowell Law Firm https://mcdowellfirm.com/all-about-colorado-judicial-system/
https://mcdowellfirm.com/practice-area/dui-defense/

Wednesday, May 7, 2025

Understanding the Differences Between Assault, Harassment, and Menacing in Colorado

In Colorado, the legal definitions of assault, harassment, and menacing differ from those in other states. In the media, we sometimes hear terms like “assault and battery” to refer to incidents where another party injures someone. Notably, Colorado does not have a crime labeled “battery.” What some jurisdictions refer to as “battery” is encompassed under Colorado’s assault statutes. Similarly, actions termed “assault” elsewhere may fall under Colorado’s definition of menacing. Confused yet?

The most important thing to remember is that each jurisdiction will have its own individual laws and definitions to describe certain crimes. If you have been charged with an assault crime, speak to an attorney near you to discuss the facts of your case. There are many important details involved in assault cases that can determine the level of the charge, and whether there are any additional consequences. Certain assault crimes will have varying consequences and penalties.

Assault in Colorado

Under Colorado law, assault involves causing bodily injury to another person. It is categorized into three degrees, each reflecting the severity and circumstances of the offense:

  • First-Degree Assault (C.R.S. § 18-3-202): This is the most severe form, involving intentional and serious bodily injury, often with a deadly weapon. FELONY
  • Second-Degree Assault (C.R.S. § 18-3-203): This includes intentional or reckless infliction of bodily injury, sometimes involving a weapon or resulting from certain conduct like strangulation. FELONY
  • Third-Degree Assault (C.R.S. § 18-3-204): This pertains to knowingly or recklessly causing bodily injury to another person. MISDEMEANOR

It’s important to note that Colorado does not have a separate statute for “battery.” Therefore, actions that might be considered battery in other states are prosecuted under Colorado’s assault statutes. And what might be considered “assault” in another state, could fall under Colorado “menacing” laws. In every case, review the laws in your area, and look for a lawyer near me to understand the potential outcomes and effects in your assault matter.

Harassment in Colorado

Harassment in Colorado encompasses a range of behaviors intended to harass, annoy, or alarm another person. According to C.R.S. § 18-9-111, a person commits harassment if, with intent to harass, annoy, or alarm another person, they

Strike, shove, kick, or otherwise touch a person or subject them to physical contact.

Direct obscene language or gestures at another in a public place.

  • Follow someone in or about a public place.
  • Initiate communication with someone, anonymously or otherwise, in a manner intended to harass or threaten, including through electronic means.

Harassment charges in Colorado are misdemeanors. Review the statute in your area to see what will fall under harassment, as there will be varied definitions from state to state.

Menacing in Colorado

Menacing, defined under C.R.S. § 18-3-206, involves placing or attempting to place another person in fear of imminent serious bodily injury through threats or physical actions. The Colorado offense of “menacing” is similar to what some other states might classify as “assault.”

  • Misdemeanor Menacing: Occurs when no deadly weapon is involved.
  • Felony Menacing: Elevated to a class 5 felony when the threat involves a deadly weapon or an object that appears to be a deadly weapon.

The key element is the perpetrator’s knowledge that their actions would place someone in fear of imminent serious bodily harm.

Comparing the Offenses: Assault vs Harassment vs Menacing

Offense Definition Physical Injury Required Level of Fear Induced Weapon Involvement Penalty Severity
Assault Causing bodily injury to another person Yes Not necessarily Possibly Varies by degree
Harassment Engaging in behavior intended to harass, annoy, or alarm Not necessarily Possibly Not necessarily Typically misdemeanor
Menacing Placing someone in fear of imminent serious bodily injury No Yes Possibly Misdemeanor or felony (depending on weapon involvement)

Importance of State-Specific Definitions on Assault vs Battery vs Menacing

Criminal statutes and definitions can vary significantly between states. For instance, what constitutes “battery” in one state may be prosecuted as “assault” in Colorado. Similarly, actions labeled as “assault” elsewhere might fall under “menacing” in Colorado. People facing charges should consult the specific statutes in their jurisdiction to understand the nature and implications of the offense.

Conclusion

Understanding the distinctions between assault, harassment, and menacing in Colorado is essential for legal clarity and appropriate defense. Given the nuances in definitions and the absence of certain terms like “battery,” individuals should seek legal counsel familiar with Colorado’s statutes to navigate any charges effectively.

If you have assault, menacing, or harassment charges in Colorado Springs, El Paso County, or Teller County, contact the McDowell Law Firm for a free consultation. We handle first-degree assault, second-degree assault, and third-degree assault cases (felony assault or misdemeanor assault). The McDowell Law Firm also handles all menacing and harassment cases.

Attorney Josh McDowell has extensive experience handling D.V. cases and military domestic violence cases, both as a former prosecutor and as a defense lawyer in Colorado Springs. Give us a call at 719-227-0022, or visit our law offices in beautiful downtown Colorado Springs.

Note: This blog is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult a qualified criminal defense attorney in your area to discuss the specific facts of your case.

The post Understanding the Differences Between Assault, Harassment, and Menacing in Colorado first appeared on McDowell Law Firm.



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Tuesday, May 6, 2025

Colorado Traffic Fines: Important Violations and The Points if Convicted

Colorado’s traffic laws can be complex when you consider the number of different types of charges and Colorado’s point system. The Colorado Department of Revenue (DOR) employs a point system to monitor driving infractions, where accumulating too many points can lead to license suspension. This post covers some significant traffic violations in Colorado, their classifications, and the points assigned upon conviction.

Major Traffic Violations in Colorado

How many points is a DUI?

  • Classification: Unclassified Misdemeanor (Felony upon fourth offense)
  • Points: 12
  • Details: Operating a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher is considered DUI. Penalties increase with subsequent offenses and can include license suspension, fines, and imprisonment.

How many points for Driving While Ability Impaired (DWAI)

  • Classification: Unclassified Misdemeanor
  • Points: 8
  • Details: DWAI is charged when a driver’s BAC is between 0.05% and 0.08%, indicating impaired ability to operate a vehicle safely.


How many points for Reckless Driving

  • Classification: Class 2 Misdemeanor Traffic Offense
  • Points: 8
  • Details: Defined as driving with a willful disregard for the safety of persons or property. Convictions can lead to fines and jail time.


How many points for Careless Driving

  • Classification: Class 2 Misdemeanor Traffic Offense
  • Points: 4
  • Details: Involves driving without due regard for road conditions or surroundings. If the offense results in death, it escalates to a 12-point violation.


How many points for Leaving the Scene of an Accident (Hit and Run)

  • Classification: Misdemeanor or Felony, depending on severity, and attendant factors
  • Points: 12
  • Details: Failing to stop and provide information or assistance after an accident can lead to severe penalties, including license revocation.


How many points for eluding a Police Officer

  • Classification: Misdemeanor or Felony
  • Points: 12
  • Details: Attempting to flee from law enforcement during a traffic stop is a serious offense with significant legal consequences.


How many points for Speeding Violations

  • Classification: Varies (Infraction to Misdemeanor)
  • Points:
    • 5–9 mph over limit: 1 point
    • 10–19 mph over limit: 4 points
    • 20–39 mph over limit: 6 points
    • 40+ mph over limit: 12 points
  • Details: Excessive speeding, especially in construction zones, can elevate the offense to a misdemeanor with potential jail time.


How many points for Failure to Stop for a School Bus

  • Classification: Traffic Offense
  • Points: 6
  • Details: Not stopping for a school bus with flashing signals endangers children and carries substantial penalties.


How many points for Driving Without Proof of Insurance

  • Classification: Traffic Offense
  • Points: 4
  • Details: Operating a vehicle without valid insurance can result in fines and even license suspension.


How many points for Failure to Yield to Emergency Vehicles

  • Classification: Traffic Offense
  • Points: 4
  • Details: Not yielding to emergency responders can impede critical services.


Colorado’s Point System and License Suspension

Accumulating points on your driving record can lead to license suspension. The thresholds are:

  • Adult Drivers (21 and over):
    • 12 points within 12 months
    • 18 points within 24 months
  • Minor Drivers (18 to 20 years old):
    • 9 points within 12 months
    • 12 points within 24 months
    • 14 points during the period the license was issued
  • Minor Drivers (Under 18 years old):
    • 6 points within 12 months
    • 7 points during the period the license was issued

Points remain on your driving record for seven years, and accumulating points can lead to increased insurance premiums and other consequences.

The Legal Consequences Behind the Points

While the DMV points system primarily affects your driving privileges, the legal ramifications of certain violations can go much further. Traffic misdemeanors—like DUI, DWAI, reckless driving, and leaving the scene of an accident—are criminal offenses in Colorado. A conviction may appear on your permanent criminal record, affecting employment opportunities, professional licensing, immigration status, and more.

For instance:

  • A first-time DUI can result in up to one year in jail, fines of up to $1,000, community service, MADD panel attendance, and mandatory alcohol education classes, on top of a license suspension.
  • Reckless driving, while less severe than DUI, still carries potential jail time of up to 90 days and significant fines. High point offenses can increase your insurances rates.
  • A hit and run (especially if someone was injured) can elevate to a Class 4 felony, punishable by 2 to 6 years in prison.

Most infractions, like minor speeding or failure to signal, won’t result in jail, but enough of them can still result in a suspended license and spiked insurance premiums.


Why Hiring a Traffic Attorney Matters

If you’ve been cited or arrested for a traffic violation in Colorado, don’t assume you’re out of options. A skilled traffic lawyer can:

  • Challenge radar or speed detection accuracy
  • Negotiate reduced charges or points
  • Defend your case in court to prevent a criminal record
  • Help you avoid license suspension
  • Advise on mitigating factors


Protecting Your Driving Privileges

Understanding and adhering to traffic laws is crucial for maintaining your driving privileges in Colorado. If you’re facing traffic violations, consulting with a knowledgeable attorney can help navigate the legal system, potentially reduce penalties, and safeguard your driving record.


Final Word

From minor mistakes to major missteps, Colorado traffic law treats violations seriously. Understanding the consequences—and protecting your rights—starts with knowing the law. And when in doubt, consult an experienced defense attorney who knows how to keep you safely on the road and out of court.

The post Colorado Traffic Fines: Important Violations and The Points if Convicted first appeared on McDowell Law Firm.



from McDowell Law Firm https://mcdowellfirm.com/colorado-traffic-fines-important-violations-and-the-points-if-convicted/
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Friday, May 2, 2025

Where is my case? El Paso County Courthouse or City of Colorado Springs Municipal Court

Downtown Colorado Springs is home to both the El Paso County Courthouse (4th Judicial District of Colorado) and to the Municipal (or “City”) Courthouse. They are only a few blocks from each other, and when I’m in court, I often hear people asking directions for the other building.


These courts handle different types of cases, are located at separate addresses, and operate under distinct statutory frameworks. This post will clarify the differences between the two, using Colorado Springs as an example.​ There are, of course, other municipal courts in our County, including Monument, Fountain, Manitou Springs, etc. Some of the smaller towns will hire outside Judges or prosecutors part-time because their dockets aren’t very big. For example, the Town of Calhan’s Municipal Court only has court every other month.

The most important thing: Look at your ticket! It will give you an address and a time/date to appear. Pay attention to the address on your summons, and that will save you a lot of rushing around to make it on time to the other courthouse.

Colorado Springs Municipal Court: Local Ordinance Enforcement

Location: Robert M. Isaac Municipal Court Building, 224 E. Kiowa Street, Colorado Springs, CO 80903​

Colorado Springs Municipal Court

The Colorado Springs Municipal Court handles cases involving violations of city ordinances within the city limits. These are typically less severe offenses. such as:

  • Traffic violations (e.g., speeding, running red lights)
  • Petty theft and shoplifting
  • Disorderly conduct
  • Public intoxication
  • Animal control violations
  • Noise complaints
  • Zoning infractions​

Municipal courts are established under Colorado Revised Statutes § 13-10-101 et seq. and are empowered to enforce city-specific laws. They are not part of the state court system but operate independently to address local matters.​

Key Characteristics of Colorado Springs Municipal Court:

  • Jurisdiction: Limited to city ordinance violations within city limits.
  • Sentencing: Penalties may include fines, community service, probation, or jail time up to 189 days.
  • Appeals: Decisions can be appealed to the state district court.
  • Prosecution: Handled by the City Attorney’s Office.​

    If you receive a citation from a Colorado Springs Police Officer that directs you to appear at 224 E. Kiowa Street, it indicates a municipal court matter.​

El Paso County Courthouse: County Court, District Court and Civil Law Matters

Location: El Paso County Judicial Building, 270 S. Tejon Street, Colorado Springs, CO 80903​


El Paso County courthouse

The El Paso County Court is part of Colorado’s state judicial system and addresses cases involving state law violations. Its jurisdiction includes: ​Colorado Judicial Branch

  • Misdemeanor criminal cases, e.g., third-degree assault, harassment. (County Court)
  • Felony Matters (District Court)
  • Traffic infractions
  • Civil cases
  • Small claims cases
  • Probate
  • Divorce/Custody

Established under Colorado Revised Statutes § 13-6-106, county courts have broader authority than municipal courts and handle more serious offenses.

Key Characteristics of El Paso County Courthouse:

  • Jurisdiction: Covers state law violations within the county.
  • Sentencing: Penalties can include fines, probation, community service, or jail time, depending on the offense.
  • Appeals: Decisions can be appealed to the district court.
  • Prosecution: Handled by the District Attorney’s Office.​


    If you receive a summons to 270 S. Tejon, it indicates a matter at the County Courthouse (Terry R. Harris)​

Colorado Springs Municipal Court vs El Paso County Courthouse

Parameters
Municipal Court County Court
Jurisdiction City ordinance violations State law violations

Location
224 E. Kiowa Street 270 S. Tejon Street
Types of Cases Traffic, petty theft, local code issues Criminal, civil, Domestic relations, juvenile
Prosecution City Attorney’s Office District Attorney’s Office
Appeals To state district court To state district court
Maximum Penalty Up to 189 days in jail Varies by offense; can include jail time or prison (felony only)

Pay attention to where your ticket/summons lists your appearance. It will save you time and the panic of being late to court by checking before you go. Honestly, I’m still surprised how many people I overhear asking for help when they’re at the wrong courthouse. It’s a very common mistake, but easily avoidable. Parking in downtown Colorado Springs can be rough , so it’s best not to have to do it twice.

As Always: If you are facing legal issues in either court, it’s advisable to consult with a qualified attorney who can provide guidance specific to your situation.

The post Where is my case? El Paso County Courthouse or City of Colorado Springs Municipal Court first appeared on McDowell Law Firm.



from McDowell Law Firm https://mcdowellfirm.com/court-case-lookup-el-paso-county-courthouse-or-city-of-colorado-springs-municipal-court/
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Wednesday, April 30, 2025

How Long Does A Traffic Ticket Stay On Your Record?

Short Answer: Forever.
Traffic convictions will permanently stay on your record in Colorado. However, keep reading, because there are some important things to know about points and your motor vehicle history.

Traffic tickets are among the most frequently issued violations every year. They can also be surprisingly costly. We are in the digital age, and these infractions can remain on your driving record forever in Colorado. Every State will have different rules and regulations on what goes on your record, and how long it stays there. But in Colorado, if you’ve been convicted of a pointed traffic offense, the conviction and points will still show up in 2055, and 2125. This doesn’t mean that they will necessarily “haunt” you forever, but it could affect your insurance, and too many points over a period can revoke your license.

When we pull a Colorado MVR (motor vehicle record), we see what happened 30 years ago, and longer. And on some matters that can make a BIG difference. Take, for example, a DUI conviction (12 points) or a DWAI (8 points) that happened in 1992. Do the points affect you? Not in the sense of a point suspension, but the conviction sure does. If you were to get another drunk driving charge, the mandatory minimum penalties are much stiffer on a second offense in Colorado.

Even going a few miles per hour over the speed limit can result in a citation. That is why it’s crucial to be aware of the penalties tied to traffic in Colorado.

Ok, the points are on there forever, but how long do they really “count”?

This is an important distinction. For adults, you face a license suspension at 12 points in a year. This is not a calendar year, but in a 12-month consecutive time period. Or, if you obtain 18 or more points in 2 years. Note: Minors have a different point schedule.

Can I seal a traffic offense?

Class 1 or 2 misdemeanor traffic offenses, class A or B traffic infractions, and DUI convictions are not eligible for sealing. 


DUI charges may be sealable if your charges are dismissed, or you complete a successful deferred sentence. If you are acquitted or the case is otherwise dismissed, it is eligible for immediate sealing. The same applies for a successful DUI/DWAI deferred sentence.

Understanding a Traffic Ticket Record – What Is It?

A traffic ticket record in Colorado shows your history of traffic violations, including speeding, reckless driving, and other infractions. The Colorado Department of Motor Vehicles (DMV) maintains and updates this record regularly. Insurance companies, employers, and law enforcement can access this information.

Every violation adds points to your record under Colorado’s driver’s license point system.

If you accumulate too many points, the DMV can suspend your license. For example, adult drivers who collect 12 points in 12 months risk suspension. Each violation adds a specific number of points, depending on its severity.

Drivers often overlook how long violations stay on their record. Insurance premiums may increase, especially if the violation suggests risky driving behavior. Keeping your record clean protects your driving privileges and financial well-being.

Types of Traffic Violations

Minor violations include common offenses like speeding slightly over the limit, failing to signal, or improper lane changes. These typically carry fewer points and a lower fine. However, they still go on your driving record and can affect your insurance rates for several years.


Major violations, on the other hand, involve more serious or dangerous behavior. Some examples include:

  • Reckless driving (8 points),
  • DUI (12 points),
  • DWAI (8 points),
  • Driving with a suspended license, or leaving the scene of an accident (12 points)

These offenses result in higher point penalties and carry criminal consequences, even possible jail time.
Courts and insurance companies treat these very seriously, often leading to long-term consequences. Maintaining a clean driving history helps protect your freedom on the road and your wallet.

Moving vs. Non-Moving Violations

Traffic violations also fall into 2 other categories: moving and non-moving.


A moving violation occurs when the vehicle is in motion and the driver breaks the law. Speeding, running a red light, or failing to yield are common examples. These infractions usually add points to your license and permanently stay on your record.


Non-moving violations happen when the vehicle is not in motion or when the issue doesn’t relate to how the car is operated. Parking tickets, expired license plates, or broken tail lights fall into this category. These don’t usually result in points, but unpaid fines can escalate.
Many drivers dismiss non-moving violations, which is not a good idea.

How Long Does a Warning Ticket Stay on Your Record?

In Colorado, warning tickets, whether verbal or written, will not appear on your official driving record. Verbal warnings are informal and leave no trace in your driving history. On the other hand, the issuing officer documents the written warnings. It typically remains within the local law enforcement agency’s internal records. It does not impact your driving record or insurance rates. ​ Only convictions will appear on your driving record and criminal history.

Do Convictions for Traffic Offenses Go on Your Record?

Yes, traffic convictions appear on your record. Once you are convicted in Colorado, the court will send the conviction (including the number of points) to the DMV. The DMV will record it on your Colorado driving record. The state officially logs the ticket if it involves a pointed violation like speeding or reckless driving.


While points from these violations drop off after 2 years, the violation stays on your record.

What Do You Do If You Get A Speeding Ticket In Colorado?

If you get a speeding ticket, you have two main choices: pay or fight it. The decision depends on a range of factors. Sometimes, fighting the ticket is the right move, especially if you already have points on your driving record. You may also decide that a plea bargain, that drops points or the fine, is in your best interest.


All points push you closer towards a license suspension. Maybe you didn’t commit the violation, or there are errors on the ticket. Then, contesting it might be worth your time.


Paying the fine may seem more manageable, especially if the ticket is minor and does not add many points. In many situations, it’s more convenient and cheaper to pay than to go through a legal process. That is particularly true if legal fees cost more than the speeding ticket.


This is where a lawyer can help. An experienced traffic attorney understands local laws and court procedures. They can review the details of your case and look for errors or inconsistencies in the ticket. They might negotiate a reduction in fines or penalties—or even dismiss the case entirely.


A lawyer can also represent you in court, saving you from taking time off work or navigating the legal system alone.

How Speeding Tickets Impact Auto Insurance?  

Speeding tickets almost always affect auto insurance rates, and multiple violations can cause significant increases. Insurance companies have a ton of factors they consider like:

  • How fast you were driving, your driving record
  • Your insurance history when adjusting premiums.

Your provider and policy length further influence how much your rate changes. Remember that the length of a traffic ticket on your record can continue impacting your premiums for years.

Myths About Traffic Tickets and Your Record

Many drivers misunderstand how traffic tickets affect their records. This leads to confusion, poor decisions, and long-term consequences. Misinformation spreads fast, and, unfortunately, myths often influence how people react if they get two speeding tickets or fail to pay a fine.
Traffic violations have lasting impacts, especially in states like Colorado, where records and points matter.

Myth 1: A Traffic Ticket Disappears After You Pay It

Many people think once they pay a traffic ticket, it just vanishes. That’s not true. Paying a fine means you accept guilt, and the violation goes on your record, along with the attendant points.

Myth 2: If You Get Two Speeding Tickets, Only the Latest One Counts

Many drivers believe older tickets don’t matter once a new one arrives. That’s false. If you get two (or more) speeding tickets in Colorado, both will count toward your license point total.
Accumulating too many points in a short period can lead to a suspended license. Each offense stacks up; it does not reset the counter.

Myth 3: Minor Speeding Tickets Don’t Affect Your Insurance Rates

Some people assume insurance companies ignore more minor violations. In truth, any ticket, can impact your premium. Providers check your driving history and increase your rate based on recent activity.


Even a first offense can cause a bump. If you get two speeding tickets, your insurer could see you as a higher risk and hike your rates.

Myth 4: What Happens If You Don’t Pay a Speeding Ticket? Nothing Serious

This myth causes a lot of headaches. Ignoring a fine doesn’t make it go away. If you don’t pay a speeding ticket, or appear in court as required, in Colorado, the court may issue a bench warrant or enter a default conviction based on your failure to appear.


You could face license suspension, additional fees, or even arrest. Your fine can also go to collections, which damages your credit. We suggest you take tickets seriously, as they always cost less in the long run.

Myth 5: You Don’t Need a Lawyer for a Traffic Ticket

Some drivers assume hiring a lawyer isn’t worth it for traffic violations. But legal help can be a wise investment. An experienced attorney can uncover technical errors, negotiate lower charges, or even get the case dismissed. Especially if you get tickets with high points or high fines, a lawyer can protect your driving privileges and save you money over time.

McDowell Law Firm- When Should You Hire Us?

Our experienced traffic defense lawyers understand the complexities of traffic law in Colorado and know how to challenge errors, reduce penalties, or even get tickets dismissed.


Legal representation can make a big difference whether you are facing one citation or multiple. Don’t navigate the legal system single-handedly. Let our defense attorneys protect your record and your future behind the wheel.


Contact McDowell Law Firm today for a free consultation, and let us help you fight your ticket with confidence.

The post How Long Does A Traffic Ticket Stay On Your Record? first appeared on McDowell Law Firm.



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Friday, April 25, 2025

What Happens on DUI Charges in Colorado?

DUI charges in Colorado can be an overwhelming experience. Will you go to jail? How much will the DUI cost? Will you lose your driver’s license or Will you lose your job for a DUI conviction? Will you be on probation? What Happens on a DUI Charge in Colorado?

Those are a lot of the big questions I get. People want to know what the actual step-by-step process is for a DUI or DWAI charge? What happens in court? How do I negotiate with the DA? What is a good deal in my situation?

I’ve been handling DUI cases in Colorado Springs for over 20 years. Both as a deputy DA, and since 2007, as a criminal and DUI defense lawyer. In this article, I’m going to use the Fourth Judicial District (El Paso and Teller Counties) and Colorado Springs as examples of how the process works. From the initial ticket and summons to court proceedings, negotiations, and potential trial. I’ll also cover some ways a DUI defense attorney can help you prepare for court and protect your rights.

The Ticket and Summons

A drunk driving case (DUI, DWAI, or DUI Drugs) typically begins with a traffic stop, where an officer suspects impairment due to alcohol or drugs. If probable cause is established, through field sobriety tests or observable behavior, you may be arrested and taken to jail or issued a summons.


In Colorado Springs, you will typically receive a summons (ticket) that outlines your charges and has a mandatory court date. This means that you will likely not be arrested and required to bond out of jail on a simple DUI. This process will vary county to county in Colorado. For example, in my experience, DUI charges in Teller County are much more likely to result in going to jail and requiring a person to post a bond than in El Paso County.


Another factor determining whether you are taken to jail is whether there are other charges in addition to the DUI. If you are charged with other counts, such as a felony (4th or greater DUI), vehicular assault or vehicular homicide, you will be arrested, and a bond will be set in your case.

DMV notice

If you refuse to take a chemical test, or do a breath test that results in a BAC of a .08 or greater (for adults over 21), the officer will take your license and provide a “Notice of Express Consent Affidavit and Notice of Revocation,” This EC Affidavit states that you have seven days to request a hearing with the Colorado Department of Revenue to contest the automatic revocation of your driver’s license. Failing to act within this window results in an automatic revocation. ​

Note: This is for refusals to cooperate in chemical testing and for breath tests. On blood tests, they will not issue the EC affidavit because they won’t know the results of your blood test until the results come back from the lab. This can take weeks or months, depending on the lab’s backlog.

DMV Hearing: Administrative Proceedings

Separate from the criminal case, the administrative process addresses your driving privileges. Requesting a DMV hearing within the required time is essential. If you miss the deadline to request the hearing, you essentially “forfeit” the ability to contest the license revocation. The DMV hearing focuses solely on whether your license should be revoked (suspended), based on factors like blood alcohol content (BAC) levels or refusal to submit to chemical testing. An experienced DUI attorney can represent you at this hearing, challenging the evidence and potentially preserving your driving rights. ​

Your First Court Appearance

The first appearance in Colorado Springs is at the El Paso County Combined Courts, the Terry R. Harris Building, located at 270 S. Tejon, in downtown Colorado Springs. You will appear in room W119, the appropriately named First Appearance Center, or “FAC”. In Colorado Springs, arraignments for DUI cases are typically scheduled within 30 to 60 days post-arrest. ​

  • If you are pro se: The DA will call you back into an office to briefly discuss your case and typically make an initial offer (plea bargain) in your case. You can accept the offer and set the case for sentencing, or you can set it for another court date, called a pre-trial conference in court.
  • If you have an attorney: The attorney will contact the Court before your date, and change your appearance date. In Colorado Springs, your attorney may appear for you at this first court date in the FAC. They will present mitigating evidence/information and discuss with the DA ways to resolve your DUI charges in a favorable manner. It’s advisable to have legal counsel at this stage to understand the implications of your plea fully.

Pre-Trial Motions and Discovery

Your next court date is called a pretrial conference or disposition date. Before this date, you can obtain “discovery” in your case. This is the evidence that will be used against you in court: police reports, dashcam/bodycam, 911 calls, chemical test results, and witness statements. Your attorney may file pre-trial motions to suppress evidence if there were legal or procedural errors during your arrest, such as improper traffic stops or mishandling of chemical tests. Successfully suppressing key evidence can significantly weaken the prosecution’s case, sometimes leading to reduced charges or even dismissal. ​

Plea Negotiations

Many DUI cases are resolved through plea bargaining, where the defense and prosecution agree on a reduced charge or lighter sentence in exchange for a guilty plea. Factors influencing plea deals include the strength of the evidence, prior offenses, and other mitigating circumstances. A DUI lawyer can negotiate favorable terms, potentially reducing a DUI to a lesser offense like DWAI (Driving While Ability Impaired), a deferred sentence, or another plea arrangement that is beneficial to the client

Trial: Contesting the Charges

If a plea agreement isn’t reached, the case proceeds to trial. Here, both sides present evidence and question witnesses before a judge or jury. The prosecution must prove guilt beyond a reasonable doubt. Your defense may challenge the validity of the traffic stop, the accuracy of BAC tests, or the credibility of officer observations. A skilled attorney will craft a defense strategy tailored to the specifics of your case. ​

Sentencing: Plea bargain or Conviction

If your case was dismissed, or you were found not guilty at trial, you can stop reading here. Congratulations!

However, if you have accepted a plea agreement, this next part is very important. A plea bargain will require you to complete stay out of trouble, and complete you will know the majority of terms in your case. The agreement may leave some things open to the court, such as length and type of probation, fines and monitored sobriety. Other terms , such as alcohol and drug treatment will be based on the recommendations of the alcohol evaluation.

However, if you go to trial, and are convicted, the Judge will determine your sentence. The Judge will sentence based on factors like BAC level, prior offenses, and whether any aggravating circumstances were present (e.g., accidents or minors in the vehicle). Penalties may include:​

  • Fines: Up to $1,000 for a first offense.​
  • Jail Time: 5 days to 1 year for a first DUI.​
  • License Revocation: Up to 9 months for a first offense.​ If there are no other suspensions/revocations on your license, you will be eligible for early reinstatement with an interlock device, SR-22 and other conditions.
  • Probation: Including mandatory alcohol education, community service and a MADD victim impact panel.​

How a DUI Attorney Can Help

Navigating a DUI charge without legal representation can be daunting. An experienced DUI attorney offers invaluable assistance by:​

  • Protecting Your Rights: Ensuring law enforcement procedures were lawful and challenging any violations.​
  • Analyzing Evidence: Scrutinizing the prosecution’s case for weaknesses or inconsistencies.​
  • Negotiating Plea Deals: Leveraging relationships and knowledge to secure favorable outcomes.​
  • Representing You in Court: Presenting a robust defense and advocating on your behalf.​

In Colorado Springs, where DUI laws are stringently enforced, having a dedicated attorney can make a significant difference in the trajectory of your case. From preserving your driving privileges to potentially reducing or dismissing charges, legal counsel is an investment in your future stability and peace of mind.​

Note: This article is for informational purposes only and does not constitute legal advice. For personalized guidance, consult a qualified DUI attorney.

The post What Happens on DUI Charges in Colorado? first appeared on McDowell Law Firm.



from McDowell Law Firm https://mcdowellfirm.com/what-happens-on-a-dui-charge-in-colorado/
https://mcdowellfirm.com/practice-area/dui-defense/

Thursday, April 17, 2025

Colorado Gun Laws 2025: Semiautomatic Gun and Conversion Device Bill

On April 10, 2025, Colorado Governor Jared Polis signed Senate Bill 25-003 into law, one of the state’s most extensive gun control measures to date. This bill about Colorado gun laws 2025 restricts the sale, manufacture and transfer of certain semiautomatic firearms and rapid-fire devices to reduce gun violence. Let’s review the highlights of the new law to see what Colorado gun owners need to know about the upcoming changes of illegal weapons in colorado.

Key Provisions of Senate Bill 25-003 of Colorado Gun Laws 2025


Definition and Prohibition of Specified Semiautomatic Firearms

Beginning August 1, 2026, the law prohibits the manufacture, sale, and purchase of “specified semiautomatic firearms” which are:

  • Semiautomatic rifles or shotguns with detachable magazines
  • Gas-operated semiautomatic handguns with detachable magazines.

Exemptions from these Colorado Gun Laws 2025 include firearms with permanently fixed magazines of 15 rounds or less, manually operated firearms (bolt action, pump action), and certain models used for hunting or recreational purposes.

Permit-to-Purchase Requirement

To legally acquire a specified semiautomatic firearm you must:
Apply for a firearms safety course eligibility card through your county sheriff, which includes a fingerprint-based background check.

  • Complete a state-approved basic or extended firearms safety course covering safe handling, legal responsibilities, and de-escalation techniques
  • Pass a written and practical exam.
  • The eligibility card is good for 5 years and must be renewed upon expiration.

Ban on Rapid Fire Devices

The law immediately classifies rapid-fire devices (bump stocks and trigger cranks) as dangerous weapons. Possession, sale or transfer of these devices is now a Class 5 felony.

Penalties for Non-Compliance

  • First-time violators for the manufacture, sale or purchase of specified semiautomatic firearms are a Class 2 misdemeanor, up to 120 days in jail and fines.​
  • Subsequent offenders are a Class 6 felony, up to 18 months in prison.
  • Violators may also have their state firearms dealer permit revoked and be prohibited from future firearm ownership.


Exemptions and Special Considerations under Colorado Gun Laws 2025

The law exempts:​

  • Law enforcement agencies and peace officers
  • Military personnel and armored vehicle businesses.​
  • Gunsmiths and educational institutions conducting accredited firearms training programs.​
  • Transfers by operation of law or by inheritance.
    Note: The law does not affect the possession of firearms legally owned prior to the law’s effective date.

Legal and Political Ramifications

Senate Bill 25-003 is a big shift for Colorado’s gun laws, to follow some laws passed in California and New York. Colorado has been home to some very high-profile mass shootings in the past, including Columbine High School, the Aurora theater shooting, and Club Q in Colorado Springs.​

As with any new gun law, there are supporters and detractors of the new gun law. Supporters say it’s for public safety and responsible gun ownership. Opponents say it infringes on constitutional rights and burdens law-abiding citizens. Gun rights organizations are already planning to challenge the law in court.

Full Text of the Law

For the full text of Senate Bill 25-003, including definitions, procedures and legal language, go to the Colorado General Assembly’s website:​

Full Text of Senate Bill 25-003 (PDF)

As Colorado implements this new law, individuals and entities affected by the new rules should consult with a Colorado attorney to ensure compliance and understand the implications for firearm ownership and buying/selling certain firearms and attachments in the state.

The post Colorado Gun Laws 2025: Semiautomatic Gun and Conversion Device Bill first appeared on McDowell Law Firm.



from McDowell Law Firm https://mcdowellfirm.com/colorado-gun-laws-2025/
https://mcdowellfirm.com/practice-area/dui-defense/

Colorado Judicial System: How to Find Your Next Court Date, Jury Duty, Fine Payments, and Webex Virtual Courtrooms 

If you’re involved in a legal matter in Colorado—as a defendant, juror or party to a civil case—it’s important to know how to access your co...