C.R.C.I. 4

(a) Issuance of a charging document for civil infraction. A charging document may

be issued by an Officer when present or with probable cause when not present. A copy shall

be filed with the county court where the civil infraction is alleged to have occurred, and a

copy is to be provided to the District Attorney with jurisdiction in that county.

(b) Service. A charging document may be issued by a county court in a prosecution for

a civil infraction by giving a copy to the defendant personally, or by leaving the summons

at the defendant’s domicile or place of abode with a person 18 years of age or older

residing therein, or by mailing a copy to the defendant’s last known address. If a person

refuses to accept service of the charging document, tender of the charging document by the

Officer to the person constitutes personal service.

(c) Content.

(1) Adult. The charging document issued to a person aged 18 or older shall include the

following: (a) the identification of the alleged offender, (b) the name of the civil infraction

alleged, (c) citation to the civil infraction alleged, (d) a brief description of the civil

infraction, including but not limited to the date of infraction and approximate location, (e)

the amount of the fine for the civil infraction and the amount of the surcharges, if

applicable, (f) instructions of when and where to appear in a specified county court if the

fine and applicable surcharges are not paid, (g) the Officer’s signature, and (h) an option

allowing the person to execute a signed acknowledgement of liability and agreement to pay

the fine and surcharges within twenty days.

(2) Minor. The charging document issued to a person under the age of 18 shall include

all matters cited in Rule 4(c)(1)(a-h) and must also include: (a) a declaration that the

minor’s parent or legal guardian has reviewed the contents of the penalty assessment for

the minor, (b) a signature line following the declaration for the minor’s parent or legal

guardian, (c) a signature line for a notary public to duly acknowledge the parent or legal

guardian’s signature, (d) an advisement that (i) the minor shall, within seventy-two hours

of being served, inform the minor’s parent or legal guardian of the charging document, (ii)

the parent or legal guardian is required by law to review and sign the charging document

and to have the person’s signature duly acknowledged by a notary public, and (iii)

non-compliance of this sub-section will require the minor and minor’s parent or legal

guardian to appear in court.

(d) The time specified in the summons portion of the charging document must be at least

thirty days, but not more than ninety days after the date the charging document is served.

(e) In matters alleging a civil infraction in combination with a criminal offense, the

Rules of Criminal Procedure shall apply to the commencement of actions.