John Boland, a Colorado attorney, successfully contested a $75 toll lane ticket, highlighting issues with the tolling authority's practices and considering a class action lawsuit for others affected by similar penalties.
In a compelling case that has caught the attention of many, John Boland, a Colorado attorney, recently defeated a $75 toll lane ticket that he received while driving on C-470. This incident not only highlights the complexities of toll lane regulations but also raises questions about the practices of the tolling authority, potentially leading to a class action lawsuit.
The situation unfolded on a fateful afternoon in May of last year when Boland, following his GPS's advice, entered the toll lane on C-470 from I-25. Although he crossed a line to do so, he did not intend to evade the toll; in fact, he paid it. However, he received a notice of civil penalty citing a safety violation for weaving in and out of the tolling area.
As an attorney, Boland was determined to contest the ticket. He appealed through the Colorado Tolling Authority (CTIO) and participated in an online hearing. Unfortunately, his appeal was denied, with the administrative law judge stating, "I disagree with you," which Boland felt was a mere rubber stamp in favor of the toll authority. Reports indicate that only about 6% of individuals are successful in this hearing process, which also incurs an additional $30 fee.
Boland's next step was to take the matter to court. He explained that for drivers to fight their tickets effectively, they must file a lawsuit against the state, which involves serving papers to the Attorney General, creating witness lists, and submitting exhibits. This process can be daunting, especially for those who are not lawyers. Boland noted that many individuals struggle to navigate this system, often feeling compelled to hire legal representation for what seems like a minor infraction.
During the trial, the burden of proof rested on the tolling authority to demonstrate that Boland had committed toll evasion. Ultimately, they failed to do so, leading the judge to dismiss the ticket. The judge acknowledged that while entering the toll lane might constitute a traffic infraction, it did not warrant a civil penalty from the tolling authority.
Although the judge's ruling was not intended to set a precedent, Boland believes that other judges may arrive at similar conclusions in future cases. This has prompted him to consider a class action lawsuit, as he suspects that thousands of individuals have received similar tickets despite having paid the toll.
In response to the ongoing legal issues, the CTIO declined to comment specifically on Boland's case but mentioned that they have prevailed in other court cases with similar arguments. They intend to continue operating the tolling program as it currently stands. Boland has invited anyone interested in joining the potential class action to contact his office for more information.
The financial implications of the tolling authority's practices are significant. Reports indicate that in the first nine months of the tolling program, $40 million in tickets were issued to consumers. While not all tickets are collected, this figure underscores the potential revenue generated from these penalties. As the tolling authority expands its enforcement to additional areas, such as US 36, the likelihood of more tickets being issued increases.
John Boland's experience with the toll lane ticket not only highlights the challenges faced by drivers in contesting such penalties but also raises broader questions about the tolling authority's practices. As he considers a class action lawsuit, many individuals who have faced similar situations may find hope in the possibility of collective legal action against what they perceive as unfair penalties. The outcome of this case could have significant implications for tolling practices in Colorado and beyond.
