Municipal Court

Mission Statement

To administer justice fairly, efficiently, effectively, and to provide excellent customer service.

Through the authority of the Colorado State Statutes and the City of Salida, the Salida Municipal Court has jurisdiction over municipal code violations, civil traffic infractions, and civil parking infractions within the City limits of Salida. Your citation will say where and when you should appear in Court. Salida Municipal Court is held in the Touber Building, 448 E. 1st Street, Room 190, Salida, CO. Please use the C Street entrance. (Do not confuse us with the Chaffee County Courts which have an address of 142 Crestone Avenue, Salida.)

Upon arrival at the Touber Building C Street entrance, you will be greeted by the bailiff who will hand you the Court’s Advisement of Rights form for you to review and sign, and they will further direct you.

Certain charges require a court appearance (written as a Summons to appear), while many others may be resolved by simply paying a fine. The procedures are more specifically outlined in this website.

The Salida Municipal Court is a court of record. Court staff are not permitted to provide legal advice, however, they are happy to assist you with your procedural questions. Judges are not to discuss your case with you ahead of a Court appearance, and any issues of your guilt or non-guilt to an offense can only be decided after sworn testimony is presented at a trial after a not guilty plea has entered. The City Prosecutor will be available at your Court appearance to discuss your case with you should you wish to speak with him, and he will only do so after you have reviewed and signed your Advisement of Rights. The City Prosecutor is the only one authorized by law to negotiate your case with you.

You have a right to a jury trial for some Salida code violations and for a small handful of motor vehicle cases (which are categorized as Traffic Offenses) so long as you follow procedure (i.e., filing a written request within 21 days of your entry of a not guilty plea which must be accompanied by your jury fee of $25). The judge will further advise you at your initial Court appearance of whether you are/are not entitled to trial by jury given your offense. For all other cases, there is no jury trial right but instead a right to trial in front of the judge (called a bench trial).

At least one parent or legal guardian must accompany a juvenile to Court.

PHONE IN OPTION FOR THOSE LIVING IN EXCESS OF 100 MILES:

The Salida Court has an accommodation for offenders who live over 100 miles from Salida and who either a) received a Summons to Appear by an officer, or b) received a citation for a traffic infraction, were given the option to pay within 20 days and failed to pay within 20 days, and subsequently were held in default and who timely petitioned to set aside that default.

NOTE: This does not apply to parking or parking related tickets.

With ADVANCE ARRANGEMENTS with the Court Clerk you can arrange to appear by telephone for your summons or post-default hearing. Contact the Court Clerk at 719-530-2632

In advance of your summons date and the Clerk will email you a standard Advisement of Rights form which you must return to the Court within 24 hours prior to your summons date. The Clerk will give you further instructions including advising of the window of time you will be phoned by the Judge. The City Prosecutor will be in the Courtroom and available to speak with you about your ticket should you wish, and the Judge will be able to proceed with any plea and sentencing at this hearing. Any trial that may be scheduled after this phone conference will require your personal appearance in Salida Court.

ACTIVE WARRANT:

If you have a currently outstanding, active warrant that you are trying to handle, please turn yourself in at your local county’s jail to be processed (your warrant is a personal recognizance bond which means you will not have to post any funds) and you will, after processing, be released with a new court date in our Court).

PAYMENT PROCEDURE:

Payments for parking infractions and traffic infractions can be made by mailing a check or money order which identifies the license plate number/state and your ticket’s citation number to the City of Salida, 448 E. 1st Street, Ste. 112, Salida, CO 81210. Or you can appear in-person and pay the Clerk or Finance Department, or after hours you can deposit a check or money order (NO CASH) in the drop box on the B Street side of the Touber Building. Payments by credit card can be made online and you will need to know your ticket’s citation number. To pay via credit card go to https://www.municipalonlinepayments.com/salidaco/court/search. Court costs are added after the 20th day after issuance of your citation, so your original fine, if paid after 20 days, will be an additional $35.

Payments for matters that involved a mandatory court appearance either as result of a mandatory summons to appear or as result of a hearing per your request after an entry of default has been set aside can be paid after you have had your appearance date and after your entry of a guilty plea in the same manner as above. Court costs will be added onto all fines imposed by the Judge. Payment plans may be requested from the Judge at hearing.

TRIALS

You may enter a plea of not guilty and ask for a trial even if you think you have committed the offense charged. At trial, the City Prosecutor will be required to prove your guilt to either the civil standard of proof for traffic matters and most code violations which is preponderance of the evidence, and to the criminal standard of proof beyond a reasonable doubt for certain code violations. In most instances in Salida Court, your trial will be a bench trial. You may represent yourself at trial or you may hire an attorney. If you represent yourself (pro se), the court cannot give you legal advice, however, the court will advise you of the process of a trial. There will be deadlines set by the judge for witness disclosure and the prosecutor will provide you with a copy of the police reports. If you fail to appear for a scheduled trial in many types of cases, a conviction by default will enter against you. You will be responsible for costs and fines which will be reported to collections. A failure to appear warrant may issue for your arrest for other types of cases.

CONSEQUENCES FOR YOUR FAILURE TO APPEAR OR HANDLE YOUR CASE:

Your failure to either handle your matter by paying your traffic or parking or other type of ticket timely or your failure to appear in Court will have consequences. Failure to appear on a non-traffic infraction summons for Traffic Offenses such as Failure to Provide Evidence of Insurance (MTC 1409), Careless Driving (MTC 1402) and Speeding 25 mph hour over the limit and other higher speeding tickets written under MTC 1101 (8)(a) could result in a bench warrant being issued for your arrest for failure to appear. Likewise, a bench warrant for your arrest could issue for your failure to appear on a non-traffic related matter (such as theft, criminal mischief, etc.).

Your failure to timely pay a civil infraction fine and any applicable costs for a parking matter or properly handle to its conclusion any other civil traffic matter will cause an entry of judgment of liability by default to be entered against you. Handle your case timely and to its conclusion in order to avoid these consequences.

Civil Parking and Traffic Infraction Procedure and Notices of Liability by Default:

With limited exceptions for only the most serious traffic offenses, parking and traffic violations within the City of Salida are classified as civil infractions. As a civil infraction, the Court can and will enter a Judgment of Liability by Default if the ticket is not handled by the recipient to its conclusion. Having a Judgment of Liability by Default become final means that a conviction will enter with points (if any) reported to the Colorado Department of Revenue and fines (and court costs plus surcharge totaling $35 being added onto to your base ticket cost). There are two categories of tickets that fall within this section. No arrest warrant issues for failure to pay or conclude these types of tickets and this Default process provides the consequences.

The first category are parking and parking related tickets. These are civil infraction tickets written by an Officer for an alleged violation involving a parked vehicle. Tickets in this category will not have an automatic summons to Court date on the face of them. These tickets are those that will have citation numbers written on them that fall within the “1200” series under the Model Traffic Code (MTC) such as MTC 1203 (two hour parking law), MTC 1204 (Stopping, standing or parking in a prohibited space) or MTC 1207 (opening and closing door vehicle doors into traffic) by way of example. If not paid in full within 14 days after date of issuance of the ticket, court costs totaling $35 will be added onto the base price of the ticket. If not paid in full within another 6 days (so within a total of 20 days after date of issuance) the Court will enter a Judgment of Liability by Default against you and a written notice will be mailed via first class mail to the registered owner advising of this fact and of their rights under SCC 18-1-30(a)(5) . A sample of the Notice of Default letter that will be mailed can be seen in the attachments below. The date of this mailing starts a strict 10-day time period in which the registered owner can, within that strict time period, make a written petition to the Court to vacate the Default and request a hearing be set. If set aside by the Court, the case will be set for a hearing which will be a trial to the judge on a confirmed date certain. The registered owner, the citing officer, and any other witnesses either side may wish to call shall appear before the Judge at that time and sworn testimony shall be taken and the judge will decide the case. Failure to appear in person at a scheduled trial will cause the previously issued judgment of Liability by Default to be reinstated along with the fines, costs, and referral to Collections. The City Prosecutor is not required to be involved in these types of cases. All unpaid fines and costs will be referred to Collections but can be cured after the fact by payment in full to the City of Salida. With one exception (MTC 1211 for Limitations on Backing) these are all zero (0) point infractions. Often a ticket written for “Limitations on Backing” under MTC 1211 will require a mandatory court appearance as typically an accident was involved so this one charge is the exception to the MTC “1200” rule: if this is your situation, you will have received a different form of ticket requiring your mandatory appearance in Court and you can skip this section and just need to appear in Court as you are not given the option of paying in advance. The citing officer typically explains this to you.
The second category of tickets for which a Judgment of Liability by Default could enter are for unpaid Penalty Assessment tickets where the summons to appear date became a failure to appear. Many of the traffic infraction tickets written into Salida Municipal Court fall into this category. These are such commonly occurring offenses such as Speeding less than 25 MPH over the posted limit, Failure to Stop at a Stop sign, Failure to Yield. These tickets, written as Penalty Assessments, are also civil traffic infractions and will have a Court summons to appear date written on them by the officer but also allows you the opportunity to pay your ticket in advance under the “Penalty Assessment” (PA) procedure. The benefit of making payment within the 20 day PA period is that you will receive, in almost all cases, a point reduction of up to half off the original points and not have to pay any added on court costs. By paying a PA you are admitting liability (guilt) without necessity of coming to Court and saving money and points in the process. If not paid within that 20 day PA period, you can still make payment prior to the Court summons date if you chose to resolve your ticket that way but court costs are added on and the original points will be reported to the Colorado Department of Revenue. Failure to handle the ticket in advance of your summons date by one of those methods will require your personal appearance in Salida Municipal Court on the summons to appear date. (For for those living in excess of 100 miles from Salida permission to appear via phone may be requested per information on this website on requesting a Phone Appearance). On your summons date, you will need to be in Court, will be advised of your rights and can elect to speak with the City Prosecutor about your ticket. You have the right to enter a not guilty plea and set a trial date if you wish to contest the ticket, or enter a guilty plea and bring the case to a conclusion by being sentenced by the Judge. Failure to appear on this summons date will result in entry of a Judgment of Liability by Default to enter with Notice of Judgment of Liability by Default being mailed to you (see sample letter attached below). This mailing starts a strict ten day time period in which you can file a written petition asking that the Default be set aside; if set aside, a new summons date will be scheduled for your mandatory court appearance. If not timely filed, the Judgment of Liability becomes final. Once the Liability of Default becomes final originally assessed points will be reported to the Colorado Department of Revenue and fines and court costs referred to Collections. For those holding licenses from states other than Colorado, the Colorado DOR may report assessed points to the licensing state.

The Colorado Rules of Municipal Procedure shall apply to all civil parking and traffic infraction proceedings. The burden of proof is the preponderance of the evidence. There is no right to trial by jury, but there is a right to a bench trial. There is no privilege against self-incrimination and the accused has the right to retain an attorney at their own expense. No warrant for arrest shall issue for failure to appear.

All unpaid fines and costs will be referred to collections with costs of collection to be assessed against the offender. Once entered, a default can be cured by making payment of the outstanding fines and costs in order to avoid collections but points reported to the Department of Revenue will remain.

KNOW AHEAD OF YOUR TRIAL OR HEARING:

Court staff has no authority to dismiss your ticket; the Judge will not speak to you about your ticket ahead of any scheduled trial. The City Prosecutor will generally not be involved in parking related matters, including “plea bargaining” them.

Before you seek a trial for a parking related ticket, know that the commonly given reasons for violating parking regulations typically do not succeed in Court. While these reasons may seem valid to the violator, they do not address the substance of the City’s parking laws. The following reasons generally will not result in the violation being dismissed should you contest your ticket at trial:

Someone else had my car; I wasn’t even driving it – Proof that a particular vehicle was parked in violation of a law, together with proof that the named Defendant was the registered owner of the vehicle, constitutes a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during, such violation occurred.
I’ve done it for years/weeks/days and this is the first ticket I got (or) everybody else does it – This is never a valid excuse for illegally parking. Nobody should be rewarded for getting away with parking violations. Anyone who parks illegally risks receiving a parking ticket.
I parked where someone just pulled out – That car might also have been ticketed. But either way, just because someone else was parking there doesn’t mean it was legal.
Short errands – No errand, no matter how short or how important to the driver, is an acceptable excuse for illegal parking.
I was late for a business or personal appointment (or) my appointment ran over the two hours (or) the restaurant service was slow – Being late or your appointment running past two hours for whatever reason does not permit the driver the privilege of parking illegally.
There were no other places to park – It is the driver’s responsibility to locate legal parking.
I didn’t see the sign or I didn’t understand the sign – Drivers are required to look for signs when parking. Saying that you did not see a sign (or a painted curb) is not an acceptable excuse.
Only part of my car was illegally parked – A violation is not based on a certain percentage of the vehicle being illegally parked. If part of the vehicle extends into a restricted area, the violation is the same as if the entire vehicle encroached.
I left someone in the car/I left my parking lights on (or blinking)/I left a note on the car as to my whereabouts/I left the motor running – The purpose of parking regulations is to restrict vehicles from certain places. The presence of a passenger, a note, or blinking lights does not satisfy this purpose and does not constitute a valid reason for a violation to be dismissed.
I was only a few minutes past two hours (or) It was only a few minutes that I was parked in a no parking zone – Even if true, parking in a prohibited area is still a violation.
Nobody else got a ticket – The officer may have had to leave the area before checking all the vehicles or some vehicles may have parked in that area after the officer was there. A parking citation stands on its own.
The violation was not enforced in the past – Any apparent failure to enforce parking laws does not constitute a valid excuse for illegally parking.

Summons to Appear:

In certain circumstances, an officer may issue you a summons to appear in Court on a specific date at a set time. This type of ticket will require your appearance in Court at the indicated time and does not give you the option to pay in advance of Court. A bench warrant for your arrest can be issued for failure to appear on your summons.

A summons to appear may be issued for a civil traffic infraction that involved an accident (such as citations for Improper Backing of Failure to Yield that involved an accident, whether or not the driver had insurance in effect).
A summons to appear may also be issued for more serious traffic matters written under the Model Traffic Code, called Traffic Offenses. Driving without Evidence of Insurance is Salida Municipal Court's most frequently issued summons that is a traffic offense.
A summons to appear may also be issued for the many non-traffic matters that are in the Salida Municipal Code. As example, cases such as theft, dog at large, junk/garbage property, camping on private/public property, disorderly conduct, underage drinking/smoking/tobacco will be written into Court as a summons.

If you have any questions about procedure, please call the Court Clerk, Sara Law, in advance of any court date (719-530-2632) or email her at sara.law@cityofsalida.com.

Questions Regarding Failure to Provide Proof of Insurance and/or Registration:

What if I was cited for Failure to Provide Proof of Insurance and I did have active auto insurance but did not have my insurance card with me?

Failure to provide proof of insurance is a summonsable offense. However, if you can provide proof of insurance for the vehicle on the date and time of the citation, the Court can dismiss the charge of No Proof of Insurance and the fines related to that charge. If you fail to provide proof to the Municipal Court Clerk before 4 p.m. on the day prior to your Court date you must appear in Court.
If you were cited for other charges in addition to Failure to Provide Proof of Insurance, you will need to appear in court and/or pay fines related to those charges. Please call the Court Clerk at 719-530-2632 if you have questions regarding other charges on your citation.

What if I was cited for Failure to Provide Proof of Insurance and I have since purchased auto insurance?

If you were NOT insured at the time of the citation but have since purchased insurance, you MUST appear in Court on the date and time shown on your citation. However, the Prosecutor will generally reduce the $500 fine by half to $250 if a copy of your insurance is presented to, and verified by, the Court. All other charges listed on the citation will be adjudicated when you appear.

What if I was cited for Unregistered Vehicle on Public Way and the vehicle was registered but I did not have the registration card with me?

If you email or bring a copy of the registration to the Court Clerk to verify, the Court can dismiss the charge of Unregistered Vehicle and fines related to that charge. If, however, you fail to provide proof of registration or fail to pay the fine in full by 4 p.m. the day prior to your scheduled Court date, you must appear for Court.
If you were cited for other charges in addition to Unregistered Vehicle, you will need to appear in court and/or pay fines related to those charges. Please call the Court Clerk at 719-530-2632 if you have questions regarding other charges on your citation.

What if I was cited for Unregistered Vehicle on Public Way and I have since registered that vehicle?

If you email or present a copy of your current registration to the Court Clerk to verify, even if it was not active at the time you were cited, the Court can dismiss the charge of Unregistered Vehicle and the related fine. If, however, you have failed to register the vehicle and fail to provide proof by 4 p.m. the day prior to your scheduled Court date, you must appear for Court.
If you were cited for other charges in addition to Unregistered Vehicle, you will need to appear in court and/or pay fines related to those charges. Please call the Court Clerk at 719-530-2632 if you have questions regarding any other charges on your citation.