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Colorado justices to weigh whether paid tolls can still bring express-lane fines

The Colorado Supreme Court will review whether drivers could be fined for crossing a solid white line into an express lane even when they paid the toll. The ruling could affect people cited before state lawmakers changed the law to explicitly cover those crossings.

Colorado justices to weigh whether paid tolls can still bring express-lane fines
The Colorado Supreme Court has agreed to hear two cases that could determine whether drivers who paid express-lane tolls may still be penalized for crossing a solid white line to enter or leave a lane. One case involves John Bowlin, who received a $75 citation after crossing a solid white line to enter an express lane more than two years ago. He does not dispute crossing the line, but argued that state law did not authorize a toll-evasion fine because he paid the toll. Bowlin won in county court, but the state appealed and a district court ruled against him. The Supreme Court’s decision will clarify how the law applied to citations issued before a later legislative change, which specifically made crossing a solid white line into or out of an express lanes a form of toll evasion, even if the driver paid. Bowlin said the cost and effort of challenging a $75 citation can make it difficult for drivers to contest one, since doing so may require a lawsuit and trial. He said a ruling in his favor could give some drivers who paid penalties grounds to seek refunds, potentially affecting thousands of people. The justices’ interpretation of the earlier law will determine whether the state could impose those penalties before lawmakers expressly added line-crossing to the definition of toll evasion.

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