Due Process — Insufficient Evidence Motion at Magistrate Hearing
Colorado parking hearings are 'preponderance of the evidence' proceedings. The issuing agency must produce admissible evidence of every element. Where the agency cannot produce the issuing officer's notes, the photo, the meter calibration record, or the LPR confidence score on demand, the registered owner can move for dismissal under Colorado due-process principles (CO Const. art. II § 25). Magistrates routinely dismiss when the state's file is missing.
Legal basis
Colorado Const. art. II § 25; CRS 24-4-105 (admin procedure act); CRS 42-4-1709
Sample appeal wording
[MAGISTRATE] RE: Citation [#] Motion to Dismiss — Insufficient Evidence. The issuing agency has not produced [officer notes / meter calibration / LPR confidence score / photo] despite request. Without that record the agency cannot meet its preponderance burden. Under CO Const. art. II § 25 and CRS 24-4-105, dismissal is required. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- CO Const. art. II § 25
- CRS 24-4-105
- CRS 42-4-1709