In Colorado, if you get too many points against your driving record within a certain period of time, you will lose your driver license through a point suspension. The maximum amount of time that you will lose your license if for 1 year however the amount of actual amount of time is determined at a hearing the driver will need to attend when he or she has accumulated too many points on their CO driver's license.
Each time you are convicted of a traffic violation, the court notifies the CO Motor Vehicle Division of the conviction. 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. Each time you get a ticket the Motor Vehicle Division 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 Motor Vehicle Division analyzes records, it determines whether there are enough points to cause a suspension in the proper age group.
Each citation that you receive and are convicted of has a certain amount of points attached to it. When you are convicted of a violation and it is added to your driving record those points are assessed against your driver’s license. Depending in what age category you fall in and how many points you have accumulated your license will be suspended.
The following is a list of points causing a suspension in the state of Colorado:
ADULT DRIVER (over 21) 12 points in any 12 consecutive months. 18 points in any 24 consecutive months.
MINOR DRIVER (18 years or older) 9 points in any 12 consecutive months. 12 points in any 24 consecutive months. 14 or more points between the ages of 18-21
UNDER THE AGE OF 18 6 points in 12 consecutive months. 7 points prior to turning 18
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 sends a notice to the last address you gave on your driver license or to a policeman on a ticket. That notice will tell you when and where the hearing will be.
The hearing is like a small court. You will appear at the hearing to tell your side of things and the hearing officer will ask you questions and make some decisions. If you want to, you may have an attorney come with you. But, an attorney may not represent you without your being there. The hearing officer will want to get some information that only you can provide. The hearing will be tape recorded by the hearing officer. If you think that the hearing officer does not follow the law, you may appeal his or her decision to the District Court in the county where you live.
If you do appeal the decision, you must apply for that appeal within 30 days of the date of the hearing. At the hearing, the hearing officer decides:
- Whether a suspension is required. The hearing officer checks your Motor Vehicle record and allows you to show records that may prove the Motor Vehicle record wrong.
- How long the suspension lasts. Under the point suspension law, the maximum is 1 year with no driving.
- Whether any driving privileges will be granted during the period of suspension. That is, if the hearing officer will let you get a probationary license (red license) while you are suspended.
The hearing officer will tell you about the law, why he or she made the decision they made and give you some instructions on what you need to do after the hearing. While the CO DMV and Department of Revenue was able to give us information on the points suspension, they did not have a points - time of suspension ratio. You can contact the CO DMV to ask them about this ratio or if you are going to your points hearing then the hearing officer should be able to give you this information.
If your Colorado's driver's license is suspended then after your suspension time has run out you will need to apply for reinstatement of your license. Either at the hearing, or through the mail, you will be told of the date you can get reinstated. On or after that date, you may be reinstated.
Reinstatement and relicensing are mandatory in Colorado. Driving after your reinstatement date without reinstating is driving under suspension. In order to get reinstated, you will need to show the CO Division of Motor Vehicles that you have automobile liability insurance and you will need to pay a $60 reinstatement fee. If you reinstate through the mail, send your requirements in 4 to 6 weeks before your reinstatement date. That way, the DMV can send your order of reinstatement out on the very day you are eligible.
Some motorist continue to drive while their license is suspended, we would caution anyone from doing so. In CO the punishment for driving under suspension is harsh. If you get caught, there will be penalties both from the criminal courts and the Division of Motor Vehicles. The criminal courts can convict you of driving under suspension which carries a jail sentence of at least 5 days and a fine of $50 to $500.
If you are convicted of committing any traffic offenses when you are under suspension, the DMV will automatically extend the period of suspension for 1 year with no possibility of obtaining a probationary license. So, if you were supposed to get your license back in May of 2009, and got a ticket, you would not be able to get your license back until May of 2010.
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