Driving under suspension/revocation in Colorado

Thu, 3 March, 2011

A driver may find themselves in a sticky, indimidating, and serious situation if they are facing an interuption in their driving rights. In Colorado, drivers face revocation or suspension based on various driving offenses including alcohol-related driving convictions or other point based driving offenses. If the DMV starts a suspension process against your license, you may have recourse to fight against the suspension. When you recieve a notice of suspension, you are entitled to a DMV hearing on the revocation/suspension. Depending on the circumstances, you may have the possibility of a probationary license (also known as a “red license” ), or interlock license in some alcohol related matters. If you are charged with driving under suspension or revocation, you may face serious consequences including jail time, fines, and extended licenses revocation/suspension. Habitual traffic offenders, also known as HTO, can also face a driving after revocation prohibited charge (DARP) which is a class 1 misdemeanor.

Below is a list of some common offenses and their corresponding drivers license point value.

Driving under the influence of drugs or alcohol: 12 points

Driving while impaired by alcohol: 8 points

Leaving an accident scene: 12 points

Speed contests: 12 points

Evading an officer: 12 points

Reckless driving: 8 points

Careless driving: 4 points

Speeding 5 to 9 mph over limit: 1 point

Speeding 10 to 19 mph over limit: 4 points

Speeding: 20 to 39 mph over limit: 6 points

Speeding: 40+ mph over limit: 12 points

Failure to show proof of insurance: 4 points

Failure to use turn signal: 2 points

The DMV offers the following definitions of driver’s license status:

A Revocation is a mandatory restraint action on a valid driver’s license or driving privilege. A revoked license is invalid and cannot be re-issued. After reinstatement of your driving privilege you must re-test (both written and drive) to be issued a new license. A suspension is a temporary withdrawal of the driving privilege. A suspension is a restraint action but does not void the driver’s license. A valid license may be re-issued upon reinstatement. A license that has expired, must be renewed upon reinstatement. Point suspensions require a written test at renewal. A denial is a restraint action when no valid license exists at the time of restraint. A cancellation or denial are actions to void a Colorado license and deny the driving privilege. Reinstatement is required and passing of a written and a road test is mandatory. A cancellation action will void a valid Colorado license. A cancellation, by itself, is not a restraint action and does NOT require reinstatement if complied with in a timely manner. Another license/permit may be issued, unless the reason for cancellation is still outstanding (1).

One may access their driving record, and inquire about warrants or restrictions, by contacting the DMV. A good first step is to identify your eligibility date (communicated at the hearing or via the mail) and specific reinstatement requirements. If you are unable to locate this information, call Customer Service at 303-205-5613.

The following suspensions and revocations can be reinstated at certain Full Service Driver’s License offices (requirements are listed below suspensions):

Unpaid Tickets (within CO and out of state).

a. Paid receipt from the court

b. $95.00 reinstatement fee

c. New license and fee required

Child Support

a. Compliance received by DMV from child support agency

b. $95.00 reinstatement fee

Point Suspensions

a. Period of suspension complete

b. Evidence of current liability insurance with your name on the policy

c. $95.00 reinstatement fee

For mail in applications, complete the Application for Reinstatement (Form DR 2870). Mail the completed application, check or money order for $95 and specific requirements (for example – evidence of insurance, SR22, etc.) to the address noted on the application. You must clearly write your name and date of birth on the coupon when paying by money order.

Whenever possible, mail this information approximately 30-60 days before your eligibility date. This allows us to complete your request in a timely manner. Allow up to 20 business days (after mailing) for us to complete your application before contacting our office.

Once we verify that all the necessary information has been received and we have completed processing the application, we will mail a Letter of Clearance to the address you listed on the application.

A driver’s license suspension or revocation is a separate action from any court case. You must follow Division of Motor Vehicle reinstatement procedures to regain your driving privileges. Reinstatement is not automatic and may require issuance of a new driver license including a written and/or drive test.

License suspension and revocation information is shared with all 50 states. No state may issue a driver’s license if there is an active suspension or revocation in any other state.

The letter you receive when the restraint action is first taken states the beginning and ending dates of the suspension or revocation period. The Division of Motor Vehicles does not notify drivers when their suspension or revocation period has ended. Information may be requested from the DMV regarding the period and reinstatement requirements of a current restraint.

If you are facing the possibility of an interuption in your driving rights, or if your license has been cancelled, suspended, revoked, or denied, please contact the Colorado Springs traffic lawyers at Pikes Peak Law. We can help with the legal and DMV processes associated with a suspended, cancelled, or revoked license.

1. http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1186476453211