Documents, notices, or other items considered to be discovery are not available on Photo Enforcement cases until the time of Final Hearing pursuant to Denver Rules for Non-Criminal Infractions Rule 15 and the Colorado Rules for Traffic Infractions Rule 8.
You can receive discovery by contacting the Photo Enforcement Unit at 720-337-1114.
At the Final Hearing a Judge or Magistrate will hear the case. There will be no prosecutor present and you are not entitled to a Jury Trial. The Photo Enforcement Agent will state why the citation was issued. You may hire an attorney or represent yourself. Since there is no possibility of jail, attorneys are not appointed for indigent defendants.
You can:
- Make an opening statement;
- Present evidence;
- Argue the law;
- Bring witnesses;
- Question (cross-examine) the Photo Enforcement Agent, and
- Make a closing statement.
When the case is called, you should step to the counsel table. The agent will testify first. After the testimony, the Judge will ask you if you want to cross-examine the agent. This means you can ask the agent questions about matters brought up in his or her testimony and other related matters concerning the case. It does not mean introducing your testimony at that time.
You have the right to remain silent and not testify in your defense. After hearing the agent’s testimony, you may waive the right to remain silent by testifying to your version of the facts. If you choose to testify, you may be asked questions (cross-examination) on matters that were brought up in the testimony. You may also call witnesses and present evidence such as photographs, charts, or other written materials.
After all witnesses have testified, the Judge will ask if either side wishes to make a closing statement.
If you choose to represent yourself, you should come prepared. You should:
- Understand the charge(s) against you. You can read the charges in the Denver Revised Municipal Code.
- Prepare a list of questions to ask the witnesses and the agent during cross-examination.
- Bring evidence you want to give to the Judge.
- Subpoena witnesses if you want to require someone to come to court to testify and bring documents. Subpoenas are free of charge, however, serving the subpoenas is at your expense.
If you are found not guilty, the matter is concluded. If you are found guilty, you will be sentenced immediately. Usually the sentence is fines and costs. You have a right to speak on your behalf prior to being sentenced. Fine and costs are due immediately upon sentencing.
The fines are as follows:
- $40 for speeding in a residential area
- $40 for stopping over the white line at an intersection
- $75 for running a red light
- $80 for speeding in a school zone
In addition, if you were served by a process server, you will be required to pay the cost of service. By law, no points may be assessed against a persons driving record due to a photo enforcement citation.