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Built on Trust, Focused on Results
Denver Traffic Court Rights, Penalties & Procedures (1437 Bannock Street)
If you received a Denver traffic ticket requiring you to appear at the Denver City and County Building, understanding the court process can be confusing. Denver traffic cases are prosecuted under both the Denver Municipal Code and Colorado law, and the procedures, penalties, and rights available to drivers often depend upon whether the charge is classified as a traffic offense or a traffic infraction.
This guide explains what to expect in traffic cases heard at 1437 Bannock Street, including the difference between offenses and infractions, the possible penalties, your rights at arraignment, and what happens if you contest your ticket. If your case is assigned to a different Denver courthouse, such as the Lindsey-Flanigan Courthouse at 520 W. Colfax Avenue, different procedures may apply.
Is My Denver Traffic Ticket an Offense or an Infraction?
Not every Denver traffic ticket is treated the same. In Denver County Court, traffic violations are generally classified as either traffic offenses or traffic infractions. Understanding which category your ticket falls into is important because it affects your constitutional rights, the court procedures that apply, and the potential penalties you may face.
Generally speaking, traffic offenses are the more serious category of traffic cases. Depending upon the charge, a traffic offense may carry the possibility of jail, larger fines, court costs, and points assessed against your Colorado driving privilege. By contrast, traffic infractions are non-jailable offenses, although they may still result in fines, court costs, and DMV points. Â
In some cases, a driver may be charged with both a traffic offense and one or more traffic infractions arising out of the same incident. When that occurs, the case is generally handled under the procedures applicable to a traffic offense unless the offense charge is dismissed.Â
Because the classification of your case affects everything from your right to appointed counsel to the type of hearing available, it is important to understand how Denver County Court processes each type of traffic charge. The sections below explain the possible penalties for traffic offenses and traffic infractions, as well as the rights afforded to drivers at each stage of the court process.
Possible Penalties for Denver Traffic Offenses
Traffic offenses are generally the more serious category of traffic violations heard in Denver County Court. Unlike traffic infractions, a conviction for a traffic offense may carry the possibility of jail, in addition to fines, court costs, and points assessed against your Colorado driving privilege.
Traffic offenses prosecuted in Denver County Court may carry the following potential penalties:
| Possible Penalty | Traffic Offense |
|---|---|
| Jail | Up to 2 years per charge |
| Fine | Up to $3,000 per charge |
| Court Costs | $21 |
| DMV Points | May be assessed |
| Additional Costs | Statutory surcharges and other assessments may apply |
These are the maximum penalties authorized by law and should not be viewed as the expected outcome in every case. The actual disposition of a traffic offense depends upon numerous factors, including the specific charge, the facts of the case, the driver’s history, and the evidence presented to the court.Â
Because traffic offenses may carry the possibility of incarceration, defendants charged with qualifying offenses have additional constitutional rights that are not available in traffic infraction cases. Those rights are discussed below.
Possible Penalties for Denver Traffic Infractions
Traffic infractions are generally less serious than traffic offenses because they do not carry the possibility of jail. However, a conviction for a traffic infraction may still result in fines, court costs, DMV points, and other statutory assessments.
Traffic infractions prosecuted in Denver County Court may carry the following potential penalties:
| Possible Penalty | Traffic Infraction |
|---|---|
| Jail | None |
| Fine | Up to $999 per charge |
| Court Costs | $26 |
| DMV Points | May be assessed |
| VALE Surcharge | $20 |
| Additional Costs | Other statutory fees and assessments may apply |
Although traffic infractions do not expose a driver to incarceration, they should not be taken lightly. Depending upon the charge and the number of points assessed, a conviction may affect your Colorado driving privilege and could have consequences for commercial drivers, insurance premiums, and future driving history.Â
Because traffic infractions are non-jailable offenses, the procedures followed in Denver County Court differ in several important respects from traffic offense cases. The next section explains the rights afforded to drivers appearing on Denver traffic matters, including the purpose of an arraignment and what to expect if you plead not guilty.
Your Rights in Denver Traffic Court
Whether you are charged with a traffic offense or a traffic infraction, you have important legal rights in Denver County Court. Those rights begin at your arraignment and continue throughout the court process. Understanding these rights can help you make informed decisions about how to proceed with your case.
Among other things, defendants appearing in Denver traffic court generally have the right to:
- Be informed of the charge or charges filed against them.
- Be presumed innocent unless they plead guilty or are found guilty by the court.
- Require the prosecution to prove each element of the charge beyond a reasonable doubt.
- Remain silent, as any statements made in court may be used as evidence.
- Present evidence and witnesses in their defense.
- Cross-examine the witnesses called against them.
- Appeal a conviction as permitted by law. Â
Every defendant has the right to be represented by an attorney. In addition, defendants charged with qualifying traffic offenses may have the right to appointed counsel if they meet the legal requirements and incarceration is a possible sentence. Certain traffic offense cases may also include the right to request a jury trial, subject to applicable rules and deadlines. By contrast, traffic infractions are generally resolved through a final hearing before a judicial officer rather than a jury trial.
The specific rights available in any particular case depend upon the charge or charges filed. If you are unsure whether your ticket is classified as a traffic offense or a traffic infraction, reviewing the summons with an attorney before entering a plea can help you better understand your options.
What Happens if You Plead Not Guilty?
If you plead not guilty to a Denver traffic charge, your case will not be decided at the arraignment. Instead, the court will schedule the next stage of the proceedings based upon the type of charge you are facing.
For traffic offenses, a not guilty plea generally results in the case being set for a future trial. Depending upon the charge, defendants may have the right to a trial before the court or, in certain cases, a jury trial if the applicable procedural requirements are met.Â
For traffic infractions, a not guilty plea results in the matter being scheduled for a Final Hearing before a judge or magistrate. A Final Hearing is similar to a trial, but it is generally conducted under more informal procedures. During the hearing, both sides have the opportunity to present evidence, question witnesses, and make legal arguments before the court decides whether the charge has been proven.Â
Whether your case involves a traffic offense or a traffic infraction, it is important to be prepared before appearing in court. Witnesses, photographs, videos, and other evidence may play an important role in the outcome of your case. Understanding the applicable court procedures before your hearing can help you avoid unnecessary surprises.
For a more detailed explanation of what occurs during a Denver traffic final hearing, including the order of testimony, presentation of evidence, and cross-examination of witnesses, see our Denver Traffic Final Hearing Guide.
What Happens if You Miss Your Court Date?
Failing to appear in Denver County Court can have serious consequences. The specific result depends on the type of traffic case and the stage of the proceedings. Depending on the circumstances, the court may enter a default judgment, assess fines and court costs, or take other action authorized by law that could affect your driving privileges. Promptly addressing a missed court date is often the best way to avoid additional complications.
If you are unable to attend a scheduled court appearance, it is generally best to address the issue before the hearing date rather than simply failing to appear. Depending on the circumstances, different options may be available.
Why Are Some Denver Traffic Cases Heard at 1437 Bannock Street While Others Are Heard at 520 W. Colfax Avenue?
Many drivers are surprised to learn that Denver traffic cases are not all heard in the same courthouse. Depending upon the charge and the authority under which it is prosecuted, a Denver traffic case may be assigned to either the Denver City and County Building at 1437 Bannock Street or the Lindsey-Flanigan Courthouse at 520 W. Colfax Avenue.
Generally speaking, the 1437 Bannock Street courthouse handles traffic matters prosecuted under the Denver Municipal Code, as well as certain traffic cases prosecuted under Colorado law. The specific court assignment depends upon the charge or charges filed and the manner in which the case is prosecuted.Â
Because the procedures, advisements, and court processes may differ depending upon the courthouse, it is important to carefully review the summons and any notices you receive from the court. Appearing at the wrong courthouse or misunderstanding the applicable procedures can result in unnecessary delays or other complications.
If your traffic case is assigned to the Lindsey-Flanigan Courthouse at 520 W. Colfax Avenue, see our Denver Traffic Cases at 520 W. Colfax Avenue Guide for information regarding that courthouse, its procedures, and the rights and penalties that may apply.
Frequently Asked Questions About Denver Traffic Court
The following answers address common questions about traffic offenses, court procedures, potential penalties, and legal representation in Denver County Court. Because every case depends on its specific facts, the charge, the available evidence, and the courthouse where the case is filed may all affect how the matter proceeds.
Can I go to jail for a Denver traffic ticket?
It depends on how your case is classified. Traffic offenses may carry the possibility of jail, while traffic infractions do not. In addition to the possibility of incarceration, traffic offenses may also result in fines, court costs, and DMV points. Traffic infractions remain serious matters but are non-jailable.
What is the difference between a traffic offense and a traffic infraction?
Traffic offenses are generally more serious violations and provide defendants with additional procedural rights because incarceration may be possible. Traffic infractions are non-jailable offenses that are typically resolved through a final hearing before a judge or magistrate. Whether your ticket is classified as an offense or an infraction affects the procedures that apply to your case.
Will a Denver traffic ticket add points to my driver’s license?
Many Denver traffic convictions carry DMV point assessments. The number of points depends upon the specific violation, and accumulating too many points within the applicable time period may place your Colorado driving privilege at risk. The possible point assessment varies by offense and is separate from any fine imposed by the court.
If I hire you, what evidence will you look at?
Every traffic case is different, and the evidence depends upon the nature of the charge. Depending on the circumstances, I may review the traffic citation, police reports, body-worn camera footage, dash camera video, witness statements, photographs, speed measurement evidence, accident reports, and any other relevant documents or recordings.
I also look for issues involving the legal basis for the stop, the officer’s observations, the accuracy and reliability of the evidence, procedural requirements, and whether the prosecution can prove each element of the charged offense beyond a reasonable doubt. Every case is evaluated on its own facts.
It’s difficult for me to take time off from work to appear in court. If I hire you, can you appear for me?
In many Denver traffic cases, yes. Depending on the type of charge and the stage of the proceedings, I am often able to appear in court on behalf of my clients, eliminating the need for them to take time away from work or travel to court.
There are exceptions. Certain proceedings—such as evidentiary motions, trials, and hearings where the court requires the defendant’s personal appearance—may require you to be present. If your attendance is necessary, I will discuss that with you well in advance so you know what to expect.
One of my goals is to make the court process as convenient as possible while ensuring your case is properly prepared and presented. During our initial consultation, I can explain whether your personal appearance is likely to be required based on the specific charge and the current posture of your case.
The police officer said I was driving 40 mph or more over the speed limit and also charged me with reckless driving. Do you have experience handling these types of cases in Denver, and can you help?
Yes. I have represented clients charged with serious speeding offenses and reckless driving in Denver County Court, including cases involving allegations of excessive speed. These cases often carry significant consequences, including criminal charges, substantial DMV point assessments, fines, and, in some situations, the possibility of jail. Extreme speeding cases are treated much differently than routine traffic citations.
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Every case is different. Depending on the circumstances, I review the available discovery, including the traffic citation, police reports, body-worn camera footage, dash camera video, speed measurement evidence, witness statements, photographs, and any other relevant evidence. I also evaluate whether the prosecution can prove each element of the charged offenses and identify any legal or factual issues that may affect the outcome of the case.
If you have been charged with excessive speeding, reckless driving, or both, it is generally advisable to have your case evaluated as early as possible so that the available evidence and your options can be carefully reviewed before your court date.
There Was a Minor Fender Bender and the Police Officer Charged Me with Careless Driving. Can You Help?
Yes. I regularly represent drivers charged with careless driving, including cases involving minor property damage collisions. Although an accident may lead an investigating officer to issue a careless driving citation, the mere fact that a collision occurred does not automatically establish that the driver committed careless driving.
When evaluating a careless driving case, I review the available discovery, including the police report, body-worn camera footage, dash camera video, witness statements, photographs, accident scene evidence, vehicle damage, and any other relevant materials. Depending on the circumstances, I also evaluate whether the prosecution can prove each element of the charge beyond a reasonable doubt.
Because a careless driving conviction may carry significant consequences, including DMV points and, in some cases, criminal penalties, it is often beneficial to have the evidence reviewed before deciding how to proceed with your case.
Is Careless Driving a Criminal Charge in Denver County Court?
Yes. In Denver County Court, careless driving is generally prosecuted as a criminal traffic offense, not a traffic infraction. Whether your case is heard at the Denver City and County Building (1437 Bannock Street) or the Lindsey-Flanigan Courthouse (520 W. Colfax Avenue), a careless driving charge may carry criminal penalties, including the possibility of jail, fines, court costs, and DMV points.
Although every case is different, a careless driving charge should not be treated like an ordinary traffic ticket. The prosecution must still prove each element of the offense beyond a reasonable doubt, and the available evidence should be carefully reviewed before deciding how to proceed.
If you have been charged with careless driving in Denver County Court, consulting with an experienced traffic defense lawyer before entering a plea can help you better understand the charge, the court process, and the options that may be available in your case.
I Was Involved in an Accident and the Police Officer Charged Me with Careless Driving Causing Injury. The Other Driver Didn’t Go to the Hospital and Appeared to Be Fine Afterwards. Can You Help?
Yes. I have represented clients charged with careless driving resulting in bodily injury in Denver County Court.
Although the fact that the other person did not go to the hospital or appeared to be uninjured at the scene may be relevant, it does not automatically determine whether the prosecution can prove a bodily injury allegation. Likewise, the filing of an injury charge does not automatically mean the charge can be proven beyond a reasonable doubt.
Every case is different. Depending on the circumstances, I review the available discovery, including the police reports, body-worn camera footage, dash camera video, witness statements, photographs, medical records (when applicable), and any other relevant evidence. I also evaluate whether the prosecution can prove each element of the charged offense beyond a reasonable doubt.
Because careless driving resulting in bodily injury is a serious criminal charge with potentially significant consequences, it is generally advisable to consult with an experienced traffic defense lawyer before entering a plea.
Do You Help CDL Holders in Denver County Court Traffic Cases?
Absolutely. I regularly represent commercial driver’s license (CDL) holders charged with traffic offenses in Denver County Court.
For CDL holders, the consequences of a traffic conviction often extend beyond fines and DMV points. Depending on the charge, a conviction may affect your commercial driving privileges, employment, insurance, or future career opportunities. Because of these additional considerations, it is important to evaluate not only the immediate court case but also the potential impact on your CDL.
Every case is different. Whether you are charged with speeding, careless driving, reckless driving, or another traffic offense, the strategy that may be appropriate for a CDL holder is not always the same as it would be for a non-commercial driver.
If you hold a commercial driver’s license and have been charged with a traffic offense in Denver County Court, consulting with an attorney who understands the unique issues affecting CDL holders can be an important step before entering a plea.
Map of the Denver City and County Building (1437 Bannock Street), where many Denver County Court traffic cases are heard.
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