Colorado Supreme Court to hear case over express lane toll evasion tickets

A Colorado Supreme Court case could have major implications for drivers who received tickets for crossing solid white lines into or out of express lanes, even when they paid the toll.

CBS Colorado has reported on the controversial citations, and the challenges drivers face when trying to fight them. Now, one of those cases is headed to the state's highest court.

John Bowlin received a $75 ticket after crossing a solid white line to enter an express lane more than two years ago. Bowlin does not dispute that he crossed the line. However, he paid the toll and argued that state law did not authorize Colorado to fine him for toll evasion.

"How can it be toll evasion if I paid the toll?" Bowlin told CBS Colorado.

Bowlin, a longtime attorney, challenged the citation in court and won at the county court level. The state appealed, and a district court later ruled against him.

Now, the Colorado Supreme Court has agreed to hear his case, along with another case involving the same legal question.

"That was one of the reasons that we presented the Supreme Court for taking the case up, and they did because they wanted to clarify what the statute says and what the law is," Bowlin said.

Bowlin said the $75 fine makes it difficult for drivers to challenge tickets because contesting them can require filing a lawsuit and going to trial.

He said a ruling in his favor could open the door to refunds for thousands of Colorado drivers who paid penalties despite also paying the toll.

"There's likely to be some grounds for folks to get money refunded," Bowlin said.

Since Bowlin received his citation, the state legislature has changed the law to specifically include crossing solid white lines as toll evasion, regardless of whether a driver paid the toll.

The Supreme Court's decision could help determine what that means for citations issued before the change.