Legal Question in Constitutional Law in Colorado

A small suburb here in the Denver metro area no longer meets the definition of a statutory town and has no eligible voters or electors. I have spoken to the Deputy of Elections for Jefferson County and the Colorado Dept of Local Affairs which tracks and records data on Colorado towns and they agree with me. The town attorney cancels elections every two years and there is no record they have announced an election in a publication of major circulation as required by C.R.S. 31-3-201(1)(a). There are no residential properties within the town boundaries according to the county tax assessor. They have no full time employees but they do have a part time police officer and attorney who hears traffic cases every other Tuesday evening, because they collect over $250,000 in traffic fines every year.

My question: I want to challenge the traffic ticket I received, since it will put me over in points and suspend my drivers license. I have all of the evidence and statutes, do I take them to district court or county court? With all of these people paying tickets that were not valid, would this be a class action law suit? What burden must be met? Is the attorney guilty of fraud? How do I ask where $250,000 goes to every year without residents?

Kevin


Asked on 11/30/10, 6:04 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The issuance of your traffic ticket started a case against you. That is where you must present any challenges to it. You cannot attack it in a different case, let alone in a different court.

I have no opinion to offer about the merits of your argument.

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Answered on 12/05/10, 3:34 pm


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