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46 Cards in this Set

  • Front
  • Back

3 Types of Stops

Consensual Contact




Reasonable Suspicion




Probable Cause

Consensual Contact

•Withconsensual contacts an officer may talk to any person without “seizing” him orher. The officer, however, has no power during the contact.
•Aconsensual contact is a brief discussion between an officer and a privateperson who is free to walk away or ignore the officer’s questions. It is not a“seizure”, stop, detention or arrest under the fourth amendment. It is not necessary that the officer have anykind of suspicion in order to initiate a contact with consent.
•Theofficer must show that a “reasonable person” in the defendant’s shoes wouldhave felt free to ignore the officer and walk away. Peoplevs. JohnsonAnofficer who wants the court to rule that an encounter was consensual contact,if it all possible, is to explain to the suspect that he is free to leave.

Reasonable Suspicion

•Reasonablesuspicion is a legal standard of proof in the United States law that is lessthan probable cause, but more than an “inchoate and un-particular suspicion” ora “hunch”
•Itmust be based on “specific and articulable facts”, “taken together withrational inferences from those facts”.
•Policemay briefly detain a person if they have reasonable suspicion that the personhas been, is, or is about to be engaged in criminal activity.

Probable Cause

•ColoradoSupreme Court in Gonzales vs. People states,“Probable cause exists were the facts and circumstances within the officer’sknowledge, and of which they had trustworthy information, are sufficient inthemselves to warrant a man of reasonable caution in the belief that an offensehas been or is being committed.”.

Camper Trailer

Cannot exceed 26 feet

Low Powered Scooter

A cylinder capacity not exceeding fifty cubic centimeters if powered by internal combustion

Electrical Assisted Bicycle

electric motor not exceeding seven hundred fifty watts of power, and a top motor-powered speed of twenty miles per hour.

Owner

gives someone permission to use vehicle for 30 days or more

Roadway

"Roadway"




means that portion of a highway




improved, designed, or ordinarily used for vehicular travel,




exclusive of the sidewalk, berm, or shoulder




even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles


and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians.




In the event that a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.

Highway

Publicly maintained

Toy Vehicle

Not authorized for public highways or off-road use

4 Sections of Traffic Code

1 - Definitions


2 - License Required


3 - REGISTRATION, TAXATION, AND LICENSE PLATES


4 - REGULATION

Shall not drive...

•Shallnot drivewithout a currently valid driver’s, minor driver’s license or an instructionpermitissued by the department.


•Shallnot drive if license has been expired for one year or less, and has not beenissued another license by the department, another state or country.


•Shallnot drive without current license in immediate possession.


•Shallnot drive outside of class.

Affirmative defense to driving without a license

•Whenit is necessary as an emergencymeasure to avoidan imminent public or private injury which is about to occur by reason of asituation occasioned or developed through no conduct of saiddriver andwhich is of sufficient gravity that, according to ordinary standards ofintelligence and morality, the desirability and urgency of avoiding the injuryclearly outweigh the desirability of avoiding the injury sought to be preventedby this section.

Exemptions from license

•Operatesa federallyowned military motor vehicle while serving inthe armed forces of the United States.




•Temporarilydrives or operates any road machine, farm tractor, or otherimplement of husbandry.




•Nonresident whois atleast sixteen years of age has in immediate possession a validdriver’s license issued by his or her state or country of residence.




•Nonresidentwhois at least sixteen years of age,


•Stateor country of residence does not require the licensing may operate a motorvehicle notmore than ninety days inany calendar year, If said nonresident is the owner of the vehicle drivenand if the motor vehicle so operated is duly registered insuch nonresident’s state or country of residence and such nonresident hasin his or her immediate possession a registration card evidencingsuch ownership and registration in his or her own state or country.




•Nonresidenton active duty in the armed forces of the United States, has in possession avalid driver’s license issued by such nonresident’s state of domicile.




•Armedforces license shall be valid only for a period of forty five days after thelicensee has returned to the United States




•Nonresident whois temporarilyresiding inColorado for the principal purpose of furthering education, isat least sixteen years of age, has a valid driver’s license fromhis or her state of residence.




•Personwhohas in his or her possession a valid driver’s license issued by such person’s previousstate of residence shallbe exempt, for thirty days afterbecoming a resident of the state of Colorado.

How long after becoming resident does someone need to get a CO license?

30 days

42-2-115License Permit or ID Exhibited onDemand

•(1)No person who has been issued a driver’s or minor driver’s license or aninstruction permit or an identification card as defined in section 42-2-301(2), who operates a motor vehicle in this state, and who has such license,permit, or identification card in such person’s immediate possession shallrefuse to remove such license, permit, or identification card from anybillfold, purse, cover, or other container and to hand it to any peace officerwho has requested the person to do so if the peace officer reasonably suspectsthat such person is committing, has committed, or is about to commit aviolation of article 2, 3, 4, 5, 6, 7, or 8 of this title.

Change of Name and Address

within 30 days

Mandatory Revocation of License and Permit

•Immediatelyrevoke the license or permit of any driver or minor driver after receiving arecord showing that the driver has:




•Convictedof vehicularhomicide or vehicularassault or criminallynegligent homicideas described in whiledrivinga motor vehicle.




•Convictedof driving while under the influence of a controlledsubstance orwhile a habitualuser of such controlled substance.




•Convictedof perjury inthe first or second degree or making a false affidavit orstatement under oath to the department under any law relating to the ownershipor operation of a motor vehicle.




•Convictedthreetimes of reckless driving within a period of twoyears.




•Convictedtwiceof any combination of DUI, Dui Per Se, DWAI, or habitual user committed for acts within a periodof five years.




•Minor(under 21) convicted of underage drinking and driving (UDD)




•Determinedmentallyincompetent bya court, and court finds thatmental incompetency such a degree that the person is incapableof safely operatinga motor vehicle.




•Atwentyone yearold or older convicted of DUI or DUI Per Se(9months)




•Beenconvicted of any felony in which a motor vehicle was used incommission of the crime.




•Convictedof failureto stop and render aid asrequired by 42-4-1601

Points

Accumulation of 12 points within one year
Accumulation of 18 points within two years

Minor:
9 points or more within one year
12 points or more within two years
OR 14 points or more for violations occurring after reaching the age of eighteen (18 until turns 21)

Minor driver under 18:
more than 5 points within one year
more than 6 points for violations occurring prior to reaching 18

A chauffeur who, in the course of employment shall have 16 points in 1 year, 24 points in 2 years, 28 points in 4 years, if all the points are accumulated while the chauffeur is in the course of employment

Commercial License

vehicle weighs 26,001 lbs or more

Low-power electric vehicles

operated only on roadway that has speed limit equal to or less than thirty-five miles per hour; except to cross roadway that has a speed limit of greater than thirty-five miles per hour




•Maybe operated on a state highway that has a speed limit equal to forty miles perhour or cross a roadway with a speed equal to forty miles per hour if:


•Roadway’s lane width is eleven feet orgreater;


•Roadway provides two or more lanes ineither direction;


•No operate on a limited-accesshighway.





Restrictions for minor drivers / GDL

Passengers:


•Shallnot operatemotor vehicle containing a passenger under twenty-one whois not animmediate family memberuntilminorhas held driver’s license for at least six months.


•Shallnot operate motor vehicle containing more than one passenger under twenty-one andwhois not an immediate family member until minor has held driver’s license for atleast oneyear.




Curfew:


•No12midnight to 5 am until minor has had driver’s license for a least oneyear.

GDL exceptions

Passengers:


•Parent,guardian, or other adult responsible for minor is present


•Adult,21 y.o.a. orolder-who has held valid license for at least one year, is present


•Passengerwho is under 21 yoa ispresent on account of a medical emergency


•Allpassengers under 21 yoa areimmediate family members and wearing seatbelt




Curfew:


•Parent,guardian, or other adult responsible for minor is present


•Adult,21 y.o.a. orolder-who has held valid license for at least one year, is present


•Drivingto school or school-authorized activity for which school does not provideadequate transport (must possess signed statement from schoolofficial containing date of said activity).


•Drivingwhen necessary for employment (must possess signed statement from employerverifyingemployment).


•Medicalemergency


•Emancipatedminor

When headlights required to be on

Between sunset and sunrise or cannot see 1000 feet ahead

Tail lamps

At least one tail light, red light visible from 500 feet.


White light for the rear registration plate, clearly visible from 50 feet to the rear


Reflectors also required

Lamp of Flag on projecting load

whenever a load extends to the rear four or more feet beyond the bed or body of vehicle, there shall be a red light or lantern plainly visible from a distance of at least 500 feet to the side and rear (in addition to the vehicle required rear red light)




At any other time, there shall be at the extreme end of the load a red flag or cloth not less than 12 inches square

Load must stick out how far?

4 feet

Lamps on parked vehicles

1000 feet




one lamp displaying white or amber light distance of 500 feet to front and rear

Lamps on farm equipment and other vehicles and equipment

two lamps, each red light from 500 feet to rear and front




two reflectors visible from all distances within 600' and 100' to the rear




•Everyfarmtractor and self-propelled unit of farm equipment or implement of husbandryequipped with an electrical lighting system shall;•Equippedwith twosingle beam head lamps,and at least one red lamp visible from a distance ofnot less than 500’ to the rear




•Everyself-propelledunit of farm equipment other than a farm tractor shall have two redlamps or asan alternative, one red lamp and two red reflectorsvisible from all distances within 600’ to 100’ when directly in front of upper beamsof head lamps.




•Twolampseach displaying a red light visible when lighted from a distance of at least500’ to the rear ofcombination, or as an alternative, at leastone lamp displaying a red light visible from a distance of not less than 500’to the rear andtworeflectors visiblefrom all distances within 600’ to 100’to the rear when illuminated by the upperbeams of head lamps.••Everyfarmtractor and self-propelled unit of farm equipment or implement of husbandryequipped with an electrical lighting system shall;•Equippedwith twosingle beam head lamps,and at least one red lamp visible from a distance ofnot less than 500’ to the rear•Everyself-propelledunit of farm equipment other than a farm tractor shall have two redlamps or asan alternative, one red lamp and two red reflectorsvisible from all distances within 600’ to 100’ when directly in front of upper beamsof head lamps.

Total forward facing lights

4


2 headlamps


2 fog lamps

High beams

•Whenevera driver of a vehicle approaches an oncoming vehicle within500’shall dim high beams regardless road contour.




•Wheneverthe driver of a vehicle follows another vehicle within200’ tothe rear, dim high beams.

Bicycles

•Sunsetto sunrise,bicycle, electric assisted bicycle, or EPAMD shall be equippedwith a white lamp visiblenot less than 500’ to the front.

•Everybicycle, electric assisted bicycle, or EPAMD shall be equipped with a redreflector, visible for 600’ to the rear when directly in front of lower beams ofhead lamps.

•Sunsetto sunrise,bicycle, electric assisted bicycle, or EPAMD also shall be equipped with reflectivematerial of sufficient size and reflectivity to be visible from both sides for600’ whendirectly in front of lower beams of head lamps. Inlieuof such reflective material, a lighted lamp visible from bothsides from a distance of at least 500’.

•Abicycle, electric assisted bicycle, or EPAMD rider may be equipped with lightsor reflector in addition to the requirements.

•Abicycle or electric assisted bicycle shall not be equipped with anysiren or whistle.

•Everybicycle or electric assisted bicycle shall be equipped with brake or brakes thewill enable its rider to stop within twenty five feet from a speed of 10mph, ondry, level, clean pavement.

Brakes

•Servicebrakesshall be adequate to stop a vehicle traveling twenty miles per hour withintwentyfivefeet. The hand brake shall be adequate to hold a vehicle stationary on anygrade which the vehicle is operated.

Horn

Should be heard at no less than 200'

Window tint

•Disallowsany window, exceptthe windshield,to be composed of,covered by, or treated with any material or component that presents an opaque,nontransparent, or metallic or mirrored appearance in such a way that it allowslessthan twenty–sevenpercentlight transmittance.The windshieldshall allow at least seventy percent lighttransmittance.




•Exceptwindows to the rear of the driver including the rear window, mayallow less thantwenty-seven percent light transmittance ifthe front side windows and windshield of such vehicle allowat least seventy percent lighttransmittance.




•Law enforcementvehicles may have their windows, except the windshield treated in a manner toallow less than twenty-seven percent light transmittance providing a valid lawenforcement service. A law enforcement vehicle with treatedwindows shall not be used for any traffic law enforcement operations.

Windows unobstructed - certain materials - windshield wiper requirements

•Nontransparentmaterial may be applied, installed, or affixed to the topmost portion of thewindshield ifthe material doesn’t extend more than four inches from the top ofthe windshield down. The material may not be red or amber, or doesn’taffect perception of primary colors. The material does not reflect sunlightor headlight glare into occupants of oncoming or preceding vehicles.




•Nometallic or mirrored appearance shall be applied to any window.

Commercial Vehicle

10001 lbs or more used in commerce on public highways or is designed to transport 16 or more passengers including the driver unless it's a school bus being operated by a school district

Child Restraint

•Lessthan1 year old,weighs lessthan 20lbs,restrained rear-facingrestraintsystem ina rear seat ofthe vehicle.




•1-4years old,weighs 20-40lbs,restrained in a rear-facing or forward-facing restraintsystem




•4-6years old and less than 55 inchestall must be restrained in a booster seat.




•Atleast 6 yearsold or is fifty-fiveinches tallor more, child shall be properly restrained with the motor vehicle's safetybelt properly adjusted and fastened aroundthe child's body




•Atleast eight but less than sixteen shall be properly restrained in safety beltor child restraint system according to manufacture’s instructions.




•Childrestraint is not required if the child is being transported as a result of amedical emergency or in a commercial vehicle.

Trailers and towed vehicles

•Shallnot exceed fifteenfeet fromone vehicle to the other.




•Whenone vehicle is towing another and the connection consists of a chain,rope, or cable awhiteflag shallbe displayed. The white flag or cloth should be no less than twelve squareinches

Maximum legal limits on interstates for weight

80,000 lbs.

Approaching or entering intersection

•When2 vehicles approach or enter an intersection from different highways at aapproximately the same time, driver on the left shall yield theright of way tothe vehicleon the right.

Operation of Emergency Vehicle Approach

•Upon immediate approach of an emergency vehicle which is using audible or visual signals, every driver of every other vehicle shall yield the right of way and where possible shall immediately clear the farthest left-hand lane, and drive as close as possible to the right-hand edge or curd of the roadway, clear any intersection and shall stop and remain in that position until the emergency vehicle has passed.




•Drivers must yield to stationary emergency vehicles and maintenance's, and if possible move a lane away, or if a lane is not available they must reduce and maintain a safe speed.

Stopping, Parking, or standing prohibited

•On a sidewalk


•Withinan intersection


•On acrosswalk


•Betweensafety zone


•Atany other place where signs prohibit


•Within5’of public or private driveway


•Within15’of fire hydrant


20’of a crosswalk or intersection


30’of signal or sign

Following a firetruck

do not follow closer than 500'

10 Offense types in the traffic code

M - Misdemeanor penalty class


M1 - Class 1 misdemeanor


M2 - Class 2 misdemeanor


M3 - Class 3 misdemeanor


T - Misdemeanor traffic infraction


T1 - Class 1 misdemeanor traffic infraction


T2 - Class 2 misdemeanor traffic infraction


TI - Traffic infraction with no penalty class stated


TIA - Class A traffic infraction


TIB - Class B traffic infraction