Chapter 10.35
VIOLATIONS AND PENALTIES
Sections:
10.35.010 Civil and criminal violations – Right to jury trial.
10.35.010 Civil and criminal violations – Right to jury trial.
(a) It is a criminal traffic offense for any person to violate any of the following provisions of the Model Traffic Code for Colorado Municipalities as adopted by the town of Granby:
(1) Section 1703(1)(a), Stopping for school buses;
(2) Section 1705(f), basic (speed) rule, only where the speed alleged is greater than 19 miles per hour over the lawful speed limit;
(3) Section 1705(g), Speed Contest;
(4) Section 1705(e), Reckless Driving;
(5) Section 1402, Careless Driving;
(6) Section 1413, Eluding or Attempting to Elude a Police Officer.1
(b) Except for those violations classified as criminal offenses pursuant to subsection (a) of this section, all violations of this chapter or of the Model Traffic Code for Colorado Municipalities as adopted by the town of Granby are hereby classified as noncriminal traffic infractions which shall be deemed to be civil matters. The Colorado Municipal Court Rules of Procedure shall apply to proceedings in which the defendant is charged with such a noncriminal traffic infraction, except that no warrant for arrest shall be issued for the defendant’s failure to appear when the only violation charged would constitute a noncriminal traffic infraction. Instead, the court may enter a judgment of liability by default against the defendant for any such failure to appear; assess any penalty and costs established by law; and report the judgment to the state Motor Vehicle Division which may assess points against the defendant’s driving privileges and may deny an application for or renewal of the defendant’s driver’s license until the judgment and all other lawful costs are satisfied. Further, no writ of mittimus shall issue where the only basis for the fine and costs imposed was the finding of guilt or liability for a noncriminal traffic infraction.
(c) Any defendant charged with a criminal traffic offense, as defined in subsection (a) of this section, shall have the right to demand a trial by jury upon compliance with the provisions of state law and the Colorado Municipal Court Rules of Procedure. No defendant shall have a right to a trial by jury for any noncriminal traffic infraction, as defined in subsection (b) of this section. In the event that a defendant is charged with more than one traffic violation arising out of the same incident and at least one of the charged violations is listed in subsection (a) of this section, the defendant shall have the right to demand a trial by jury as to all such offenses, which shall be consolidated for purposes of trial. [Code 1999 § 15-4-1].
10.35.020 Penalties.
The following penalties shall apply to traffic offenses and infractions under this chapter:
(a) Any person convicted of a criminal traffic offense, as defined in GMC 10.35.010(a), shall be punished by a fine not exceeding the maximum penalty set forth in GMC 1.05.090, or by imprisonment not exceeding 90 days, or by both such fine and imprisonment.
(b) Any person admitting liability for, found to be guilty of, or against whom a default judgment has been entered for any noncriminal traffic infraction, as defined in GMC 10.35.010(b), shall be fined in an amount not exceeding the maximum penalty set forth in GMC 1.05.090. No defendant found to be guilty of any noncriminal traffic infraction shall be punished by imprisonment for such infraction. [Ord. 822 § 2, 2014; Ord. 808 § 1, 2014; Ord. 450, 1993. Code 1999 § 15-4-2].
Model Traffic Code section numbers in GMC 10.35.010 have been changed to correspond to the appropriate section numbers in the 1995 Edition of the Model Traffic Code.