§ 42-4-1705 — Person arrested to be taken before the proper court

Colorado § 42-4-1705

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Regulation of Vehicles and Traffic

Text

(1)
Whenever a person is arrested for any violation of this article 4 punishable as a
misdemeanor, the arrested person must be taken without unnecessary delay before
a county judge who has jurisdiction of such offense as provided by law, in any of the
following cases:

(a) When a person arrested demands an appearance without unnecessary
delay before a judge;

(b) When the person is arrested and charged with an offense under this
article causing or contributing to an accident resulting in injury or death to any
person;

(c) When the person is arrested and charged with DUI, DUI per se, or UDD;

(d) When the person is arrested upon a charge of failure to stop in the event
of an accident causing death, personal injuries, or damage to property;

(e) In any other event when the provisions of section 42-4-1701 (5)(b) and
(5)(c) apply.

(2) Whenever any person is arrested by a police officer for any violation of
this article 4 punishable as a misdemeanor and is not required to be taken before a
county judge as provided in subsection (1) of this section, the arrested person must,
in the discretion of the officer, either be given a written notice or summons to
appear in court as provided in section 42-4-1707 or be taken without unnecessary
delay before a county judge who has jurisdiction of such offense when the arrested
person does not furnish satisfactory evidence of identity or when the officer has
reasonable and probable grounds to believe the person will not appear in court. The
court shall provide a bail bond schedule and available personnel to accept
adequate security for such bail bonds.

(2.5) In any case in which the arrested person who is taken before a county
judge pursuant to subsection (1) or (2) of this section is a child, as defined in section
19-1-103, section 42-4-1706 (2) applies.

(3) Any other provision of law to the contrary notwithstanding, a police
officer may place a person who has been arrested and charged with DUI, DUI per se,
or UDD and who has been given a written notice or summons to appear in court as
provided in section 42-4-1707 in a state-approved treatment facility for alcohol use
disorders even though entry or other record of such arrest and charge has been
made. Placement is governed by article 81 of title 27, except where in conflict with
this section.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2418, � 1, effective January 1, 1995. L. 2004: (2.5) added, p. 1332, � 3, effective July 1, 2005. L. 2008: (1)(c) and (3) amended, p. 253, � 22, effective July 1. L. 2010: (3) amended, (SB 10-175), ch. 188, p. 809, � 89, effective April 29. L. 2013: (1)(c) amended, (HB 13-1325), ch. 331, p. 1887, � 17, effective May 28. L. 2018: (3) amended, (SB 18-091), ch. 35, p. 390, � 36, effective August 8. L. 2021: (2.5) amended, (SB 21-059), ch. 136, p. 752, � 140, effective October 1. L. 2022: IP(1), (1)(e), and (2) amended, (HB 22-1150), ch. 53, p. 250, � 1, effective August 10.