The Colorado Sportbike Club

Need a good attorney? Want to know what your rights are?

Marcel Krzystek is a criminal defense attorney and a motorcyclist. He has prepared the following document to answer some frequently asked questions. It outlines some general rules, procedures and guidelines to consider when deciding how best to proceed while and after being issued a traffic ticket in Colorado: Defending Your Ticket (PDF file - requires Acrobat Reader) For more information, contact: Marcel Krzystek, Esq. 1543 Champa St., Suite 400 Denver, CO 80202 Phone: (303) 571-1000 Email: Email:

Here are some facts about speeding in Colorado:

We had previously stated: "Your first license suspension due to points is for 3 months - subsequent suspensions are for 1 year." But the truth of the matter is: Neither the Colorado statutes nor the DMV provide any details whatsoever regarding the length of points suspensions. The only limit is that a points suspension alone cannot exceed 1 year. A pamphlet produced by the DMV specifically provides that it makes no representations or commitments whatsoever regarding the lenghth of suspension, and that such a decision is left to the discretion of the hearing officer. If you are: Your license will be suspended if you get: 21 or oder è 12 points in 12 months or 18 points in 24 months 18 - 20 è 9 points in 12 months or 12 points in 24 months less than 18 è 5 points in 12 months or 6 points before you turn 18 Here is how points are generally assessed (actual fines may differ from one county to the next): 10-19 mph over = 4 point ticket 20-24 mph over = 6 point ticket and $x fine 25-39 mph over = 6 point ticket and $2x fine (or some amount higher) 40+ mph over = 12 point ticket One way of interpreting this (and if money is not an issue) is, if you're going to go more than 10 mph over the limit, you may as well go 39 mph over the limit.

Here are some comments on the question: "Are radar guns less accurate on motorcycles than on cars (due to calibration or any other reason)?"
Jeff wrote:	In a short answer, no. As a former operator of the equipement, a motorcycle is targeted just like any other vehicle and its speed is measured the same. HOWEVER, motorcycles are harder for the radar to lock onto. Most radar units lock onto the best target... most often the biggest target. If there were other vehicles (car/truck) in the area, it is possible that the radar locked onto that and displayed the speed of the other car. Only one unit that I am aware of displays the speed of the fastest target and it is up to the officer to determine which vehicle that is.   The calibration has nothing to do with the size of the target. Radar works by sound and is calibrated using tuning forks. There is WAY more I could talk about...it is a pretty technical piece of equipment making it easy to misunderstand and hard to operate correctly. Most cops cannot do either.
Dietrich offered this advice:	If you know a mechanic, they can write up a ticket stating that your speedometer was not calibrated correctly, stating how bad it was off (keep it realistic), & that it's fixed now. The hard part is finding that mechanic. Correction courtesy of Mike Huskey: Having a note from your mechanic re: "speedo not working properly" does not work in Colorado courts. According to Colorado Laws, you do not even have to have a speedometer.
GixxerBoy33 wrote:	Check out the book titled "Beat The Cops" It has a ton of usefull information. They also have a website: www.cleandrivingrecord.com.
Eric wrote:	I have read several times that Semi trucks are 10 times more sensitive to radar gun signals than passenger cars.... therefore, you would only assume the same when comparing a passenger vehicle to a motorcycle.   Check out www.motorists.org. Everyone riding a bike or driving a car that is fed up with "revenue tickets" should check this organization out and join! It can give you the ammunition to fight any ticket.
Brendan wrote:	Radar picks the largest object moving at the highest speed. The cops are also trained professionals. In court that means the gun is not needed, they can say they determined that you were going 75 in a 45 and it will stand up in court. My father was a cop in NYC and my uncle is one there now. The radar is there to make the people a little less suspicious. If you got the ticket in Boulder you will get a deal offered to you. They always do this, unless you have more than 5 tickets then they might not. Your best bet is to go to court and not fight it, see if you can get a deal. I had a ticket in Boulder where the cop said he picked my tail light out of a group of 10 cars and he determined that I was going 70 in a 55. I tried to call into question his eyesight and everything, but the judge let it stand and I got my 4 point ticket. You will not beat the gun in court.   You can try and delay it and then plead not guilty after that hope the cop doesn't show up for the court date. If he fails to appear then you win on default. But in Boulder they are ordered to appear, or they get docked pay.
Ralph wrote:	As Travis and I found out, when a cop sees you doing between 70 and 120 in a 35 but can't clock you because he doesn't have a gun, it's an instant 12 point ticket (IF you don't get arrested, but I think they need radar for that), for "exhibition of accelleration" (aka: drag-racing).