Loss of Driver’s License

Cancellation, Denial, Suspension or Revocation

Cancellation - An action to void a valid Driver  License.

Denial - A restraint action taken when an individual does not have a Colorado Driver License.

Suspension - A restraint action that temporarily  invalidates the Driver License and withdraws the driving privilege.

Revocation - A restraint action that invalidates the Driver License and revokes the driving  privilege.

Cancellation and Denial - A restraint action to  cancel the Driver License and withdraw the driving  privilege. 

Point System

Drivers with a clean driving record have zero points on their driving record.  Accumulation of too many points within certain time periods results in a point suspension. Each traffic conviction is reported by the courts to the Motor Vehicle Division (MVD.)  Each conviction results in a certain number of points being placed on your traffic record.

Point accumulation limits are listed below according to type of driver license:

Minor Driver: Five points in any consecutive twelve months or six points for the period of the license.

Provisional Driver: Nine points in any 12 consecutive months, twelve points in any twenty four consecutive months, or fourteen points for the period of the license.

Adult driver: Twelve points within any twelve consecutive months, or eighteen points in any twenty four consecutive  months.

Chauffeur Points: Sixteen points in any twelve consecutive months, twenty-four points in any twenty-four consecutive  months or twenty-eight points in any forty-eight consecutive  months.  All chauffeur points must have been received in a  motor vehicle in use as a public or common carrier  of persons or property.

Points for Specific Traffic Offenses

Leaving scene of accident
12
Driving while under the influence or with an excessive alcoholic content pursuant to section 42-4-1301(1)(a) or (2)
12
Driving while under the influence of any controlled substance pursuant to section 42-4-1301(1)(c)
12
Driving while ability is impaired pursuant to section 42-4-1301(1)(b)
8
For a person under twenty-one years of age, driving with an alcohol content of at least 0.02 but not more than 0.05 pursuant to section 42-4-1301(2)(a.5)
4
Speed contests
12
Reckless driving
8
Careless driving
4
Speeding:  (note: 0 point is photo radar)
 
One to four miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy-five miles per hour
0
Five to nine miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy-five miles per hour
3
Ten to nineteen miles per hour over the reasonable and prudent  speed or over the maximum lawful speed limit of seventy-five miles per hour
4
Twenty or more miles per hour over the reasonable and prudent speed or over the maximum lawful speed limit of seventy-five miles per hour
6
Failure to reduce speed below an otherwise lawful speed when a special hazard exists
3
Failure to stop for school signals
6
Driving on wrong side of road or driving on wrong side of divided or controlled-access highway in violation of section 42-4-1010
4
Improper passing
4
Failure to stop for school bus
6
Following too closely
4
Failure to observe traffic sign or signal
4
Failure to yield to emergency vehicle
4
Failure to yield right-of-way
3
Improper turn
3
Driving in wrong lane or direction on one-way street
3
Driving through safety zone
3
Failure to signal or improper signal
2
Improper backing
2
Failure to dim or turn on lights
2
Operating an unsafe vehicle
2
Operating a vehicle with defective head lamps
1
Eluding or attempting to elude a police officer
12
Alteration of suspension system
3
Failure to yield right-of-way to pedestrian
4
Failure to yield right-of-way to person with a disability pursuant to section 2-4-808
6
Failure to yield right-of-way to person with a disability pursuant to section 2-4-808
6
Failure to observe high occupancy vehicle lane restrictions pursuant to section 42-4-1012
0
Conviction of violations not listed while driving a moving vehicle, which are violations of a state law or municipal ordinance other than violations classified as class B traffic infractions under section 42-4-1701 or having an equivalent classification under any municipal ordinance
3

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Criteria for Length of Suspension and Probationary Driver's Licenses

A DMV hearing officer may take any one of the following mitigating factors into account in determining length of suspension, including whether to issue a probationary driver's license:

  • Evidence that the licensee has successfully  completed a driver education or defensive driving  course and has not acquired any convictions since  completion of that course;
  • The absence from licensee’s record of all of aggravating circumstances;
  • Any recommendation made by a court at the time  of the conviction of the licensee for a traffic offense which indicates a shorter term of  suspension would be appropriate;
  • Any fact that indicates that the licensee is not a significant risk to public safety; any evidence in the record that indicates that  the licensee has suffered undue delay with regard  to the initiation of proceedings against the  driving privileges of the licensee, or that the  licensee has otherwise been harmed as a result of  errors or omissions committed by the department in  the record-keeping processes;
  • Any other factors which the licensee may submit  in mitigation.

 

Criminal Defense Attorney Alexander Garlin has experience in providing criminal defense of any and all matters pertaining to one's driver's licenses. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.

The criminal defense attorneys at Garlin Driscoll, LLC, welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.

 

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