Highway Obstruction in Fort Collins | A ‘Yes’ and a Criminal Charge

A man was charged with Highway Obstruction after stopping traffic to propose to his girlfriend.
A man was charged with Highway Obstruction after stopping traffic to propose to his girlfriend.
Image Credit: FreeDigitalPhotos.net – scottchan

Marriage proposals have always been a grand affair. It seems with YouTube and Facebook, people want to do bigger and better to post it online. One man thought he had an amazing idea, but I don’t think it turned out quite the way he planned. With the help of family and friends, he was able to stop the traffic on a very busy highway in order to get out and propose to his girlfriend. He said he chose that spot because it was her favorite view of the city. She said ‘yes,’ but the story didn’t end there. As you can probably imagine, blocking a multi-lane highway did not go over well with the other drivers who were stopped by the barricade. The police were called and the man was actually charged with a crime- Obstructing a Highway. I guess it will be a story neither he nor his fiancée will ever forget.

Criminal Defense Attorney for Obstructing Highway or Other Passageway in Larimer County

The Colorado law definition of Highway Obstruction – C.R.S. 18-9-107 – is:

An individual or corporation commits an offense if without legal privilege such individual or corporation intentionally, knowingly, or recklessly:

  1. Obstructs a highway, street, sidewalk, railway, waterway, building entrance, elevator, aisle, stairway, or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances, whether the obstruction arises from his acts alone or from his acts and the acts of others; or
  2. Disobeys a reasonable request or order to move issued by a person the individual or corporation knows to be a peace officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard.

For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or hazardous.

While it does seem logical to have a law in place prohibiting people from blocking a highway in Larimer, Boulder and Grand County, highways are not the only passageways that are counted in this crime. Sidewalks and elevators are included. Can you imagine getting charged with a crime for leaving items on the sidewalk in front of your house? If the items make the sidewalk impassable and someone calls the police, it could result in this class 3 misdemeanor charge.

[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Obstructing a Highway or another traffic crime? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

Sentence for Obstructing a Highway in Loveland – How a Criminal Defense Lawyer Can Help

Highway or Other Passageway Obstruction can be charged as a class 3 or class 2 misdemeanor depending on the circumstances. In Fort Collins, Loveland, and Estes Park, it is generally charged as the lesser offense class 3 misdemeanor. The only time it is a class 2 misdemeanor is if the obstruction interferes with a funeral. If the person is caught obstructing the entrance into or exit from a funeral, or obstructs a highway or passageway where a funeral procession is taking place, it would be charged as the higher level misdemeanor. A defense attorney can examine the evidence supporting the accusation against you and make you aware of the defenses to this crime.

If you or someone you love has been charged with Obstructing a Highway or Other Passageway, be smart and exercise your right to remain silent. Then, contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 to schedule a free consultation. Together, we can protect your future.