Colo. R. Traf. Infra. 7

As amended through Rule Change 2024(18), effective October 2, 2024
Rule 7 - First Hearing
(a) If the defendant has not previously acknowledged guilt or liability and satisfied the judgment, he shall appear before the referee at the time scheduled for first hearing.
(b) The defendant may appear in person or by counsel, who shall enter appearance in the case, providing, however, if an admission of guilt or liability is entered, the referee may require the presence of the defendant for the assessment of the penalty.
(c) If the defendant appears in person, the referee shall advise him in open court of the following:
(1) The nature of the infractions alleged in the charging document;
(2) The penalty and docket fee that may be assessed and the penalty points that may be assessed against the driving privilege;
(3) The consequences of the failure to appear at any subsequent hearing including entry of judgment against the defendant and reporting the judgment to the state motor vehicle division, which may assess points against the driving privilege and may deny an application for a driver's license;
(4) The right to be represented by an attorney at the defendant's expense;
(5) The right to deny the allegations and to have a hearing before the referee;
(6) The right to remain silent, because any statement made by the defendant may be used against him;
(7) Guilt or liability must be proven beyond a reasonable doubt;
(8) The right to testify, subpoena witnesses, present evidence, and cross-examine any witnesses for the state;
(9) Any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and
(10) An admission of guilt or liability constitutes a waiver of the foregoing rights and any right to appeal.
(d) The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.
(e) If the defendant admits guilt or liability, the referee shall enter judgment and assess the appropriate penalty and the docket fee, after determining that the defendant understood the matters set forth in Rule 7(c) and has made a voluntary, knowing, and intelligent waiver of rights.
(f) If the defendant denies the allegations, the matter shall be set for final hearing, and the defendant and officer shall be notified.

Colo. R. Traf. Infra. 7