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City Of Greenwood Village V. Fleming

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eBook details

  • Title: City Of Greenwood Village V. Fleming
  • Author : Colorado Supreme Court
  • Release Date : January 29, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

We granted certiorari to review a decision of the district court of Arapahoe County, which invalidated an ordinance and a procedural system of adjudication adopted thereunder by the petitioner, City of Greenwood Village, as violative of Article XX, Section 6, of the Colorado Constitution. The ordinance in question purported to decriminalize Class 3 and Class 4 traffic offenses. A separate procedural system, civil in nature, was established by the city for the adjudication of these violations. The respondent, Michael Wayne Fleming, had been charged with violating the city's speeding ordinance, a class 3 traffic offense. The municipal court of Greenwood Village granted the respondent's pretrial motion to dismiss on the ground that the decriminalization ordinance and the city's civil system of adjudication violated that part of Article XX, Section 6, of the Colorado Constitution, commonly referred to as "the counterpart provision" of the Home Rule Amendment. The city appealed the judgment of dismissal to the district court. Although agreeing that the ordinance and civil system of adjudication violated the counterpart provision, the district court reversed the judgment of dismissal and returned the case to the municipal court with directions to reinstate the charge and to conduct the trial in accordance with those basic safeguards applicable to a criminal prosecution. We conclude that the ordinance and civil system for adjudicating class 3 and class 4 traffic offenses are constitutionally infirm but nevertheless are severable from other provisions of the municipal code and, therefore, we affirm the judgment of the district court.


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