C.R.S. § 42-4-1709

Penalty assessment notice for traffic infractions - violations of provisions by officer - driver's license - definition.

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42-4-1709. Penalty assessment notice for traffic infractions - violations of
provisions by officer - driver's license - definition. (1) Whenever a penalty
assessment notice for a traffic infraction is issued pursuant to section 42-4-1701
(5)(a), the penalty assessment notice that the peace officer serves upon the
defendant must contain the name and address of the defendant, the license
number of the vehicle involved, if any, the number of the defendant's driver's
license, if any, a citation of the statute alleged to have been violated, a brief
description of the traffic infraction, the date and approximate location of the
offense, the amount of the penalty prescribed for the traffic infraction, the amount
of the surcharges pursuant to sections 24-4.1-119 (1)(f), 24-4.2-104 (1), and 24-33.5-415.6, the number of points, if any, prescribed for the traffic infraction pursuant to
section 42-2-127, and the date the penalty assessment notice is served on the
defendant; must direct the defendant to appear in a specified county court at a
specified time and place in the event the penalty and surcharges are not paid; must
be signed by the peace officer; and must contain other information as may be
required by law to constitute the penalty assessment notice to be a summons and
complaint if the prescribed penalty and surcharges are not paid within the time
allowed in section 42-4-1701.

 (1.5) A penalty assessment notice issued and served pursuant to subsection
(1) of this section on a minor under the age of eighteen years shall also contain or be
accompanied by a document containing:

 (a) A preprinted declaration stating that the minor's parent or legal guardian
has reviewed the contents of the penalty assessment notice with the minor;

 (b) Preprinted signature lines following the declaration on which the
reviewing person described in paragraph (a) of this subsection (1.5) shall affix his or
her signature and for a notary public to duly acknowledge the reviewing person's
signature; and

 (c) An advisement to the minor that:

 (I) The minor shall, within seventy-two hours after service of the penalty
assessment notice, inform his or her parent or legal guardian that the minor has
received a penalty assessment notice;

 (II) The parent or legal guardian of the minor is required by law to review and
sign the penalty assessment notice and to have his or her signature duly
acknowledged by a notary public; and

 (III) Noncompliance with the requirement set forth in subparagraph (II) of this
paragraph (c) shall result in the minor and the parent or legal guardian of the minor
being required to appear in court pursuant to sections 42-4-1710 (1)(b), 42-4-1710
(1.5), and 42-4-1716 (4).

 (2) One copy of said penalty assessment notice shall be served upon the
defendant by the peace officer and one copy sent to the supervisor within the
department and such other copies sent as may be required by rule of the
department to govern the internal administration of this article between the
department and the Colorado state patrol.

 (3) The time specified in the summons portion of said penalty assessment
notice must be at least thirty days but not more than ninety days after the date
such penalty assessment notice is served, unless the defendant shall demand an
earlier hearing.

 (4) The place specified in the summons portion of said penalty assessment
notice must be a county court within the county in which the traffic infraction is
alleged to have been committed.

 (5) Whenever the defendant refuses to accept service of the penalty
assessment notice, tender of such notice by the peace officer to the defendant
shall constitute service thereof upon the defendant.

 (6) Any officer violating any of the provisions of this section is guilty of
misconduct in office and shall be subject to removal from office.

 (7) (a) A person is not allowed or permitted to obtain or renew a permanent
driver's, minor driver's, or probationary license if such person has, at the time of
making application for obtaining or renewing such driver's license:

 (I) to (V) (Deleted by amendment, L. 2021.)

 (VI) Issued a check or order to the department to pay a penalty assessment,
a driver's license fee, a license reinstatement fee, or a motor vehicle record fee and
such check or order is returned for insufficient funds or a closed account and
remains unpaid. For the purposes of this subsection (7), the term insufficient
funds means having an insufficient balance on account with a bank or other
drawee for the payment of a check or order when the check or order is presented
for payment within thirty days after issue.

 (VII) Repealed.

 (VIII) (Deleted by amendment, L. 2021.)

 (b) (Deleted by amendment, L. 2021.)

 Source: L. 94: Entire title amended with relocations, p. 2423, § 1, effective
January 1, 1995. L. 95: (7)(a) amended, p. 1004, § 2, effective July 1. L. 96: IP(7)(a)
amended, p. 1205, § 6, effective July 1. L. 97: (7)(a)(VI) added, p. 1386, § 7, effective
July 1. L. 2000: (2) amended, p. 1645, § 33, effective June 1; IP(7)(a) amended, p.
1359, § 39, effective July 1, 2001. L. 2003: (7)(a)(VII) added, p. 1388, § 1, effective
August 6. L. 2004: (1.5) added, p. 1334, § 7, effective July 1, 2005. L. 2005: (7)(a)(VII)
repealed, p. 838, § 3, June 1. L. 2007: (1) amended, p. 1121, § 7, effective July 1. L.
2009: (1) amended, (SB 09-241), ch. 295, p. 1580, § 8, effective July 1. L. 2012:
IP(7)(a) amended and (7)(a)(VIII) added, (SB 12-044), ch. 274, p. 1448, § 3, effective
June 8. L. 2021: (7) amended, (HB 21-1314), ch. 460, p. 3098, § 7, effective January 1,
2022. L. 2022: (1) amended, (HB 22-1150), ch. 53, p. 251, § 3, effective August 10.

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