I was given the option to pay the citation within 20 days and have the points reduced from 4 to 2. I noticed today when reviewing the citation that there is a fine of $135 and a surcharge of $32. Additionally there is a standard $2.50 surcharge for DNA. I pulled up the most recent Colorado Motor Vehicle Law Resource Book (2012) that is available on Colorado.gov. It has a table outlining fines and surcharges. The $135 is correct, but according to that table my surcharge should have been $16 and not $32. If I pay the citation early to avoid the points I will be overpaying and already high fine by $16. This appears to be an error on the officer's part. Is this a technicality that presents legitimate grounds for a potential dismissal? Is it worth challenging? Thanks for your advice.
DUI / DWI Attorney
There is nothing about this error that would result in a dismissal. However, you may be able to go to the issuing court and make sure that you don't over pay.
No answer here should be considered to form an attorney-client relationship. You should consult with a licensed attorney in your jurisdiction so that a full evaluation of the facts of your case can be conducted.
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As a former judge, I agree wholeheartedly with Mr. Buckley. A judge could NOT dismiss the case based on that technicality even if the judge WANTED to. All the judge could do was impose the lesser surcharge and impose a lesser fine. Additionally, the Judge has no authority to plea bargain the case for you. As this is an infraction ticket instead of a traffic offense, the DA doesn't usually get involved to plea bargain either. So, paying it in advance is your only REAL chance at a point reduction. I would simply pay it and get the 2-point reduction.
The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.
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Criminal Defense Attorney
Agree with both of my colleagues. You may be able to call the court clerk and have them confirm that you were assessed the incorrect amount. If so, the clerk may be able to reduce the amount owed on the court computer to the correct amount, and you can take care of it without the inconvenience of having to go to court. If not, you're only out the time it took you to make the phone call.
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