Lawyer Wins Case Against Toll Lane Violation in Colorado

News Summary

A Greenwood Village attorney has successfully contested a $75 toll lane weaving ticket, exposing potential overreach by Colorado’s toll enforcement. Armed with over 15 years of legal experience, the lawyer’s case raises questions about the authority of the Colorado Transportation Investment Office to impose fines. The ruling may lead to a class-action lawsuit for drivers who have faced similar penalties despite complying with toll payment regulations.

Legal Victory: Greenwood Village Attorney Takes on Toll Lane Violation

In a stunning turn of events, a Greenwood Village attorney has successfully challenged a $75 toll lane weaving ticket, shedding light on the controversial practices of Colorado’s toll enforcement. The attorney, equipped with 15 years of trial law experience, took a bold stand against what many see as overreach by state officials in the realm of transportation laws.

Pivotal Court Case Unveils Legal Gray Areas

The attorney, who received a citation for allegedly crossing a solid line to access the express lane on C470, found himself facing the ramifications of a Notice of Civil Penalty. The ticket was issued under the assertion that Bowlin was weaving in and out of a toll lane. Nevertheless, his defense was grounded in the fact that he had legitimately paid the toll via his transponder before entering the lane.

During court proceedings, a Douglas County judge raised pertinent questions about the authority of state officials, particularly the Colorado Transportation Investment Office (CTIO), to issue such fines. This ruling may have significant implications for similar violations that drivers face across Colorado’s roadways.

CTIO’s Stranglehold on Toll Violations

Statistics reveal that the CTIO has issued over $40 million in toll lane weaving violations within the first nine months of its enforcement program, a move that has garnered mixed reactions from the public. Despite many drivers seeking to contest their citations, less than 25% of cases have seen any successful dismissals. Those dissatisfied with online appeal outcomes could venture into further legal territory for a fee of $30, yet only a bleak 6% of those administrative hearings resulted in favorable outcomes for the drivers.

A Lengthy Legal Battle

Bowlin’s determination led him on a challenging path through the complexities of the judicial system after he was unsuccessful in the initial appeal process. He described the administrative hearing process as a “rubber stamp” that favored the toll authority’s decisions. In response, Bowlin took the extraordinary step of filing a lawsuit against state officials, navigating a convoluted legal landscape.

The courtroom drama unfolded over four hours, wherein Bowlin was rigorously questioned, alongside several witnesses from CTIO. His argument hinged on the assertion that the statute cited by CTIO, which pertains to civil penalties for toll evasion, was misapplied to his case.

Judgment Day: A Landmark Decision

After a month of deliberation, the judge reached a ruling that favored Bowlin, decisively stating that the tolling authority lacked the legal foundation to impose the penalty for the alleged infraction. Despite not setting an official legal precedent, this judgment raises the possibility for similar conclusions from other judges in related cases.

A Call to Action: Potential Class Action Lawsuit

In light of his victory, Bowlin is contemplating a class-action lawsuit aimed at assisting countless drivers who were issued similar tickets. He estimates that thousands may have unjustly paid fines for toll violations, even after fulfilling their obligations to pay the associated tolls.

The CTIO, while unable to comment on the specifics of Bowlin’s ruling due to ongoing legal matters, noted that other cases have generally favored them, adding another layer of complexity to the landscape of toll enforcement.

Bowlin is actively encouraging anyone who has encountered similar experiences with toll violations to reach out to his firm regarding the prospective class action lawsuit. As more drivers face the sting of fines despite their compliance with toll policies, this legal saga continues to unfold with potential ramifications for motorists across the state.

Deeper Dive: News & Info About This Topic

HERE Resources

Additional Resources

• 9NEWS
• Wikipedia: Toll Road
• Colorado Transportation Investment Office
• Encyclopedia Britannica: Traffic Law
• Google Search: Colorado Toll Lane Weaving Laws