Defendant Instructions

DEFENDANT INSTRUCTIONS

THIS IS A LEGAL DOCUMENT - READ CAREFULLY ALL OF THE INSTRUCTIONS ON THIS PAGE WHICH APPLY TO THE TYPE OF SUMMONS OR PENALTY ASSESSMENT CHECKED ON THE YOUR TICKET.

 

SPECIAL INSTRUCTIONS FOR DEFENDANTS THAT ARE MINORS: (Persons under 18 years of age on the date of the violation.)

 

INSTRUCTIONS: SUMMONS - If you are summoned to appear in court, Colorado law requires that you be accompanied by your parent or legal guardian,unless you are declared by the court to be an emancipated minor pursuant to 42-4-1716(4)(a)(III). You must appear with your parent or guardian even if you become 18 years of age prior to your court date. The court date shown on the front may be for arraignment only. If you plead “not guilty” at that time, it may be necessary for you to return on another date for a trial or final hearing. Emancipated minors must show proof of emancipation.

 

INSTRUCTIONS: PENALTY ASSESSMENT - If you receive a penalty assessment, Colorado law requires that you notify your parent or legal guardian within 72 hours of receiving the penalty assessment. If you are paying the penalty assessment by mail or in person, your parent or legal guardian is required to review the contents of your penalty assessment and sign the “Parent or Legal Guardian Advisement,” printed below, in the presence of a notary public. Mail the payment, with this copy of the citation to the correct governmental agency at one of the address shown below. Without your parent or legal guardian’s notarized signature, this document may be returned to you and you will be required to appear in court with your parent or legal guardian on the date designated on the penalty assessment notice. If you decide to contest the charge(s) on the penalty assessment, you must appear in court with a parent or legal guardian on the date designated on the citation (see “Summons” instructions, above). A parent or legal guardian commits a class 1 petty offense if they fail to appear with the defendant minor as required under Colorado law.

 

PARENT OR LEGAL GUARDIAN ADVISEMENT

I affirm under penalty of law that I am this minor’s parent or legal guardian and that I have

reviewed the contents of this penalty assessment notice with the minor.

________________________________________________ Date ____________________

Parent or Legal Guardian Signature

 

Any attempt, conspiracy, or solicitation to commit forgery under C.R.S. 18-5-102 on this advisement will result in the immediate suspension of that person’s driver’s license for a period of at least six months [C.R.S. 42-2-127.4(1)(a)].

 

Sworn and subscribed before me on this

_______ day of ____________________, 20 ____

Signed __________________________________

Printed Name ____________________________

Commission Expires _______________________

 

GENERAL INSTRUCTIONS FOR DEFENDANTS OF ALL AGES

The court date shown on the front may be for arraignment only. If you plead “not guilty” at that time, it may be necessary for you to return on another date for trial or final hearing.

 

INSTRUCTIONS: SUMMONS - You are required to appear in court at the time, place, and date indicated on this citation. If you fail to appear, your driver’s license will be canceled and denied until you pay the court the amount of any judgment plus a fee as required by law. If you are charged only with a traffic Infraction, the court will enter a default judgment against you, and the points listed will be entered on your driving record. If you are charged with an offense, the court will issue a warrant for your arrest, and you may be charged with the additional charge of “Failure to Appear.”

 

INSTRUCTIONS: PENALTY ASSESSMENT - You may acknowledge guilt and pay a fine and surcharge in the amount required by Colorado law without appearing in court and paying additional costs. You are to pay the Governmental Agency at the address shown below. A payment by mail must be postmarked no later than 20 days from the date this notice was issued. If not paid or mailed by that date, the notice becomes a Summons requiring you to appear in court at the time and place shown. If you fail to appear, your driver’s license will be canceled and denied until you pay the court the amount of the judgment plus any fee as required by law. If you are charged only with a traffic infraction, the court will enter a default judgment against you, and the points listed will be entered on your driving record. If you are charged with an offense, the court will issue a warrant for your arrest, and you may be charged with the additional offense of “Failure to Appear.”

 

BY PAYING THE PENALTY ASSESSMENT YOU ACKNOWLEDGE GUILT OR LIABILITY AND WAIVE THE FOLLOWING RIGHTS:

(1) To be informed of the nature of the offenses alleged against you; (2) To be represented by an attorney. If you are indigent, one may be appointed for you; (3) To deny the allegations against you and to have a trial or final hearing before a referee, judge, or a jury if applicable; (4) To remain silent; (5) To have a speedy and public trial or final hearing; (6) To have your guilt or liability proved beyond a reasonable doubt; (7) To testify, subpoena witnesses, present evidence, and cross-examine witnesses for the state; (8) To appeal the decision to a higher court.

 

AUTOMATIC POINT REDUCTION FOR PROMPT PAYMENT OF PENALTY ASSESSMENTS

Penalty Assessment citations that are paid and postmarked within 20 days of issuance will result in an automatic point reduction and will not be assessed any additional court costs:

 

(1) For each violation having an assessment of three or more points, the points will be reduced by two points; 

(2) For each violation having an assessment of two points, the points will be reduced by one point. 

 

For citations charged under Colorado Revised Statutes (“C.R.S.” checkbox is checked on the upper right of the ticket).

 

TO PAY BY MAIL - Within 20 days of the date of issuance of the ticket, send a check or money order made payable to the Colorado Department of Revenue and a copy of this citation to: Department of Revenue, Department A, Denver, CO, 80243

 

TO PAY IN PERSON - No sooner than 7 days from the date of issuance of the ticket, bring this citation to the Colorado Division of Motor Vehicles, 1881 Pierce Street, Lakewood, CO 80214

 

For citations charged under county or city ordinance (“Ordinance” checkbox is checked on the upper right of the ticket)

 

TO PAY BY MAIL - Send a check or money order and a copy of the citation within 20 days of the date of issuance of the ticket to the correct location listed below (correct location is indicated by the summons court checked on the front of the citation in the lower section.) Payment through the mail should be by check or money order only, made out to “Larimer County” for county violations, “Wellington Municipal Court” for Wellington violations or “Berthoud Municipal Court” for Berthoud violations.

 

TO PAY BY PHONE - After 7 days, but no later than 20 days, from the date of issuance Larimer County citations may be paid by phone. You may pay by credit card, debit card, or echeck by calling the Larimer County Clerk & Recorder at 970-498-7860. All credit, debit, and echeck payments are subject to an additional fee.

 

TO PAY IN PERSON - You may pay Larimer County, Berthoud, and Wellington citations after 7 days from issuance by bringing the citation to the correct location listed below (as indicated by the designated court checked on the citation). 

 

Larimer County Clerk & Recorder

200 W. Oak Street, Suite 1000

P.O. Box 1280

Fort Collins, CO 80522

 

Court Clerk, Town of Wellington

3735 Cleveland Avenue

P.O. Box 127

Wellington, CO 80549

 

Court Clerk, Town of Berthoud

328 Massachusetts Avenue

PO Box 1229

Berthoud, CO  80513

 

 

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