Colorado v. Hoskin

The Colorado State Patrol gave petitioner Gregory Hoskin a speeding ticket. Hoskin pled not guilty, and the matter went to a bench trial, which ultimately ended against Hoskin. He appealed, and the district court reversed, concluding that the county court impermissibly shifted the burden of proof to Hoskin when it required him to prove that his speed was reasonable and prudent, thereby violating his due process rights. After review, the Supreme Court concluded that the speeding statute (C.R.S. 42-2-1101) created a mandatory rebuttable presumption that did not violate due process. Furthermore, the Court found sufficient evidence in the record to support the county court's judgment that Hoskin was speeding. The Court therefore reversed the district court and remanded the case for reinstatement of the county court's judgment. View "Colorado v. Hoskin" on Justia Law