Denver Photo Radar / Red-Light — CRS 42-4-110.5 Service & Affidavit Defense
Denver's red-light cameras and photo-radar are governed by CRS 42-4-110.5. The notice must be served by personal service or first-class mail within 90 days; failure to serve voids the citation. Penalties are capped at $75 (red light) and $40 (school zone speed cam) and CANNOT be reported to insurers / DMV. CRS 42-4-110.5(2)(b)(III) provides an absolute defense if the registered owner files an affidavit within 90 days stating the vehicle was operated by another person or was stolen. Photo-radar speed citations are also limited by CRS 42-4-110.5(2)(c) to within 1 mile of a school zone, residential neighborhood, construction zone, or maintenance zone.
Legal basis
CRS 42-4-110.5; CRS 42-4-110
Sample appeal wording
[COURT] RE: Photo Radar / Red Light Citation [#] Defenses under CRS 42-4-110.5: 1. UNTIMELY SERVICE — Citation was mailed [DATE], more than 90 days after the alleged violation. Void. 2. NOT THE DRIVER — I declare under penalty of perjury under CRS 18-8-503 that I was not operating the vehicle at the date and time alleged. Driver: [NAME, ADDRESS]. (CRS 42-4-110.5(2)(b)(III) affidavit attached.) 3. ZONE — The photo-radar location is not within 1 mile of a school, residential, construction, or maintenance zone as required by CRS 42-4-110.5(2)(c). 4. The penalty may not be reported to my insurance carrier under CRS 42-4-110.5(2)(b)(I). Dismiss. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- CRS 42-4-110.5
- Denver Photo Enforcement — https://www.denvergov.org/Government/Agencies-Departments-Offices/Department-of-Public-Safety/Police-Department/Programs-Services/Photo-Enforcement