Colorado Supreme Court will hear two cases challenging express lane weaving penalties

Drivers who cross solid white lines into Colorado express lanes can face a $75 penalty even if they pay the toll. Now, the state’s highest court will decide whether that extra fee is actually allowed.

The Colorado Supreme Court is taking up a case that could reshape how the state enforces express lane rules — specifically, whether Colorado’s tolling authority can hit drivers with a $75 civil penalty for entering or exiting a toll lane outside the designated areas, even when the driver pays the toll.

Yes, this is about that lovely little move where someone cuts across the solid white line into an express lane because they missed the entrance, didn’t plan ahead or simply decided lane markings were more of a suggestion. The state calls it “weaving.” Drivers call it “trying to get where I’m going.” The Colorado Transportation Investment Office calls it a $75 violation.

The legal question now is whether CTIO has the authority to impose that penalty when no toll was actually dodged.

Starting Jan. 1, 2025, Colorado began issuing civil penalties to drivers who enter or exit express toll lanes across solid white lines instead of using marked merge zones. The rule applies to corridors including Central 70, the I-25 South Gap, C-470 and U.S. 36.

The penalty is $75. If it is not paid within 20 days, it doubles to $150, because apparently the only thing better than a surprise ticket is a surprise ticket with a growth plan.

The goal, according to supporters, is safety. Sudden lane changes across solid lines can cause crashes, especially in high-speed traffic. Similar enforcement programs in other states have been tied to reductions in highway fatalities, and Colorado officials have argued that discouraging last-second lane diving is a public safety issue.

But the enforcement has also become a major revenue source. In the first nine months, the tolling authority issued more than $40 million in weaving-related tickets, according to Colorado Politics.

That number has raised eyebrows — and lawsuits.

The Supreme Court announced Sept. 14, 2026, that it will hear two consolidated cases challenging the penalties.

One case involves attorney John Bowlin, who missed the entrance to the westbound C-470 express toll lanes and entered at a non-designated point. He paid the $2.30 toll for the trip but was still issued a $75 penalty.

Bowlin challenged the penalty and won in Douglas County Court. The case was appealed, and District Court Judge Stacy Guillon also sided with Bowlin, finding that he had not committed “toll evasion” because he actually paid the toll.

The second case, Dasko v. Colorado High Performance Transportation Enterprise, came out differently. A driver in another jurisdiction was found liable for the same type of penalty under similar circumstances on the same day in October 2025.

That split is one reason the Colorado Supreme Court is stepping in.

That is the central issue.

Bowlin argues that CTIO’s authority is limited to toll collection and toll evasion enforcement. In his view, crossing into an express lane at the wrong spot may be a traffic issue, but it is not “toll evasion” if the driver paid the toll.

His argument, essentially, is this: If the state wants to punish people for crossing solid white lines, it needs clear legal authority to do that. It cannot simply label the conduct “toll evasion” when the toll was paid.

CTIO, on the other hand, has treated the improper entry or exit as part of toll-lane enforcement. The agency argues that drivers must use express lanes as designed, and that unauthorized lane changes undermine both safety and the tolling system.

The Supreme Court will now decide whether the current law actually gives CTIO that power.

For drivers, the most obvious issue is money. A $75 penalty on top of a $2.30 toll is not exactly pocket change, especially if thousands of people are being ticketed across metro Denver.

If the court rules against CTIO, it could limit or potentially undo the agency’s ability to issue these penalties under the current framework. If the court sides with CTIO, the $75 weaving penalty will likely continue, and drivers will have one more reason to stop pretending solid white lines are optional decor.

But the decision could also matter beyond tickets.

This case also has potential implications for crash cases.

Under Colorado law, violating a safety statute can sometimes support a negligence per se claim. That means if a driver breaks a law designed to protect public safety and causes a crash, the violation may help establish that the driver was negligent as a matter of law.

So, if a driver cuts across a solid white line into or out of an express lane and causes a wreck, that weaving violation could become important evidence in a personal injury claim.

The Supreme Court case is focused on CTIO’s authority to impose civil tolling penalties — not whether reckless lane changes are safe. Spoiler: They are not. But if the court narrows how these violations can be enforced, it could affect how the conduct is framed in related legal disputes.

The Colorado Supreme Court will hear the consolidated cases and decide whether CTIO can legally impose civil penalties on drivers who enter or exit express lanes outside designated areas when the toll itself has been paid.

Until then, the safest and cheapest option is pretty simple: Enter and exit express lanes only where the signs and lane markings say you can.