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Reaching out for help

Branham reached out to 9NEWS to ask whether Colorado State Patrol (CSP) even had the authority to issue a ticket on private property, such as a car wash, and if this case was worthy of a citation.

“I just felt like it wasn't right that they gave me the ticket. I mean, there was no damage. I had a tiny, tiny little place where it took the paint off my car, and I could not really see any damage to his car,” she said. “We weren’t even probably going a half a mile an hour, and so I just thought it was just wrong.”

According to Sergeant Patrick Rice, speaking on behalf of CSP, there did appear to be minor damage on the bumper of both vehicles. Rice also explained the state trooper did have jurisdiction to write the ticket, even though it occurred on private property. While troopers can decide not to write a ticket, when there’s damage they generally do.

“Troopers most of the time have complete discretion on a regular traffic stop. But when we are involved in investigating a traffic collision, we tend to pull that discretion back because now there’s money involved and there’s people that need [to be] compensated,” he told 9NEWS.

It appears state troopers are able to enforce traffic laws across Colorado, and CSP further clarified to the local broadcaster that the agency issues tickets for the following violations on private property.

  • Driving under the influence
  • Careless driving
  • Reckless driving
  • Unsafe backing

Traffic citations are typically restricted to public roads and highways, but in many places, officers may hand out tickets for violations on private property if they are severe enough.

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Contesting a traffic ticket

Branham’s frustration stems from her perception the situation could have been handled differently, especially considering it was minor in nature. Still, if she wanted to, traffic tickets can be fought in court.

Drivers in Colorado who wish to do so can contest the ticket and enter a not-guilty plea — it’s best if you gather evidence, including pictures, repair costs and witnesses to prepare your defense. A court date will be scheduled. You might be offered a plea bargain, or be asked to defend yourself before a judge.

Different court systems will have different rules and procedures, and laws will always vary, but drivers commonly have the ability to dispute traffic citations. If you’re confident in your knowledge of the law and believe you were wrongly treated, you may feel compelled to fight a ticket. After all, in addition to a fine and points being added to your license, a traffic violation on your record can affect your auto insurance premiums. If you’re unsure of what to do, you could also consult a traffic attorney or hire one to represent you — but this may come at a price.

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Danielle Antosz Freelance contributor

Danielle Antosz is a freelance contributor to Moneywise.

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