Suspensions

Point Suspensions
What Happens at the Hearing?
What If My Motor Vehicle Record Is Wrong?
Can I Have a Red License?
How Do I Get My License Back After the Suspension?
What Happens If I Drive While Under Suspension?

Colorado driver’s licenses are most commonly suspended due to excessive points.

Point Suspensions

Colorado operates on a driver’s license points system. As an adult driver (21 years of age and older) you are allowed 11 points in one (1) year and 17 points in two (2) years. Points are calculated under Colorado Revised Statutes 42-2-127, under a 24 month and 12 month theory. Probationary licenses are often available for suspensions and a hearing is required to obtain a probationary license.

How Do Point Suspensions Happen?

If you get too many points against your driving record within a certain period of time, you will lose your driver’s license through a point suspension. Each time you are convicted of a traffic violation the court notifies the Division of Motor Vehicles (DMV) of the conviction. A conviction occurs when you plead guilty to a charge, pay the ticket, a default judgment is entered or accept a plea bargain. A conviction occurs when you plead guilty to a charge, pay the ticket or accept a plea bargain.

Also, certain tickets will become convictions by default if you fail to appear in court. Each type of conviction causes a certain number of points to be placed on your traffic record. A list of how many points go with certain tickets may be found below. Each time you get a ticket; the Division of Motor Vehicles places the points on your record and then analyzes your record to see if there are enough points to cause a point suspension. When the DMV analyzes records, it determines whether there are enough points to cause a suspension in the proper age group. You do not “get points back” when you have a birthday.

Minimum Points to Cause a Suspension

If there are enough points on your record to cause a suspension, a suspension is required.  The DMV does not suspend your license without first trying to give you a hearing.  The DMV is supposed to send a notice to the last address you gave on your driver’s license.  That notice will tell you when and where the hearing will be.

If you move and do not notify the DMV of your correct mailing address, you may not receive the notice.  Just filling out an address change at the post office will not work.  If you fail to come to your hearing, the suspension will go into effect for a maximum of one year.

What Happens at the Hearing?

The hearing is like a small court; you will appear at the hearing to tell your side of the story and the hearing officer will ask you questions and make some decisions. You may have a Colorado traffic offense attorney with you at this hearing. Your attorney may not represent you at this hearing alone. You must be present. The hearing officer will want to obtain information that only you can provide. The hearing officer will tape record the hearing. If you do not think the hearing officer followed the law, you may appeal their decision to the District Court in the county where you live. If you choose to appeal the decision, you must file that appeal within thirty (30) days of the date of the hearing.

At the hearing, the hearing officer decides the following:

1. Whether a suspension is required.
2. How long the suspension lasts. Under the point suspension law, the maximum is one (1) year with no driving.
3. Whether any type of driving privileges will be granted during the period of suspension. Basically, the hearing officer determines whether or not they want to give you a probationary license while you are suspended.


What If My Motor Vehicle Record Is Wrong?

It is up to you to show documentation that proves the record is wrong. The courts send official record of the convictions to the DMV. Then, the convictions are placed on your motor vehicle record. Certified court transcripts are required to remove those convictions from the record. A certified court transcript is a sealed document from the court itself.


Can I Have a Red License?

A probationary license, or better known as a “red license”, is always up to the discretion of the hearing officer. The hearing officer will take many things into consideration when determining whether or not to grant you a probationary or red license.


How Do I Get My License Back After the Suspension?

You get your license back through a process called reinstatement. Either at the hearing or through the mail you will be told the date in which you can get full reinstatement. On or after that date you may be reinstated. Driving after your reinstatement date without first getting reinstated is against the law and call driving under suspension.

Click on the link below for the reinstatement process and paperwork at the DMV.

http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1218536116688

What Happens If I Drive While Under Suspension?

Going without a license is a hardship that can seem impossible to endure. However, the penalty for driving under suspension is far worse. If you get caught driving while your license is suspended, there will be both criminal and administrative penalties. The criminal courts can convict you of driving under suspension. That penalty carries a minimum mandatory jail sentence of five (5) days along with a fine.

If you are convicted of any traffic offense while your license is under suspension, the DMV will automatically extend you period of suspension for one (1) additional year with no possibility of obtaining a probationary or red license.