Convictions from the Southern Ute Indian Tribal Court and any Military
Court in Colorado are included in the point system.
Point System as defined in CRS 42-2-127
42-2-127. Authority to suspend license - to deny license - type of
conviction - points. (1) (a) Except as provided in paragraph (b) of subsection
(8) of this section, the department has the authority to suspend the license of
any driver who, in accordance with the schedule of points set forth in this
section, has been convicted of traffic violations resulting in the accumulation
of twelve points within any twelve consecutive months or eighteen points within
any twenty-four consecutive months, or, in the case of a minor driver,
who has accumulated nine points within any twelve consecutive months, or twelve
points within any twenty-four consecutive months, or fourteen points within the
time period for which the license was issued, or, in the case of a minor
driver, who has accumulated more than five points within any twelve consecutive
months or more than six points within the time period for which the license was
issued; except that the accumulation of points causing the subjection to
suspension of the license of a chauffeur who, in the course of employment, has
as a principal duty the operation of a motor vehicle shall be sixteen points in
one year, twenty-four points in two years, or twenty-eight points in four
years, if all the points are accumulated while said chauffeur is in the course
of employment. Any provision of this section to the contrary notwithstanding,
the license of a chauffeur who is convicted of a violation of section 42-4-1301
(1) or (2) or leaving the scene of an accident shall be suspended in the same
manner as if the offense occurred outside the course of employment. Whenever a
minor driver receives a summons for a traffic violation, the minor's parent or
legal guardian or, if the minor is without parents or guardian, the person who
signed the minor driver's application for a license shall immediately be
notified by the court from which such summons was issued.
(b) If any applicant for a license to operate a motor vehicle has
illegally operated a motor vehicle in this state prior to the issuance of a
valid driver's, or minor driver's license or instruction
permit or in violation of the terms of any instruction permit within thirty-six
months prior to said application, the department has the authority to deny the
issuance of said license for not more than twelve months if the violation did
not occur prior to July 1, 1974.
(c) For the purpose of this section, any points accumulated by a minor
under a temporary instruction permit shall apply to the minor driver's
license subsequently issued to or applied for by such
minor.
(d) Except as otherwise provided in subsection (9) of this section, no
suspension or denial shall be made until a hearing has been held in accordance
with the provisions of this section. This section shall not be construed to
prevent the issuance of a restricted license pursuant to section 42-2-116.
(2) (a) The time periods provided in subsection (1) of this section for
the accumulation of points shall be based on the date of violation, but points
shall not be assessed until after conviction for any such traffic violation.
(b) The accumulation of points within the time periods provided in
subsection (1) of this section shall not be affected by the issuance or renewal
of any driver's, minor driver's license issued under
the provisions of this article or the anniversary date thereof.
(3) Nothing in subsections (1) and (2) of this section shall affect or
prevent any proceedings to suspend any license under the provisions of law
existing prior to July 1, 1974.
(4) Statutory provisions for cancellation and mandatory revocation of
drivers' licenses shall take precedence over this section.
(5) Point system schedule:
Type of conviction.......................................................Points
(a) Leaving scene of accident..........................................12
(b) (I) Driving while under the influence or with an excessive alcoholic
content pursuant to section 42-4-1301 (1) (a) or (2).........................12
(II) Driving while under the influence of any controlled substance
pursuant to section 42-4-1301 (1) (c)........................................12
(III) Driving while ability is impaired pursuant to section 42-4-1301 (1) (b)
...........................................................................8
(IV) For a person under twenty-one years of age, driving with an alcohol
content of at least 0.02 but less than 0.05 pursuant to section 42-4-1301 (2) (a.5)
........................................................................4
(c) Speed contests.....................................................12
(d) Reckless driving....................................................8
(e) Careless driving....................................................4
(f) Speeding:
(I) 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
(II) 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............1
(III) 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
(IV) Twenty to thirty-nine miles per hour over the reasonable and prudent speed
or over the maximum lawful speed limit of seventy-five miles per hour.........6
(IV.5) Forty or more miles per hour over the reasonable and prudent speed
or over the maximum lawful speed limit of seventy-five miles per hour........12
(V) Failure to reduce speed below an otherwise lawful speed when a
special hazard exists.........................................................3
(g) Failure to stop for school signals..................................6
(h) 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
(i) Improper passing....................................................4
(j) Failure to stop for school bus......................................6
(k) Following too closely...............................................4
(l) Failure to observe traffic sign or signal, except as provided in
paragraph (ff) of this subsection (5).........................................4
(m) Failure to yield to emergency vehicle...............................4
(n) Failure to yield right-of-way, except as provided in paragraphs (y)
to (bb) of this subsection (5)................................................3
(o) Improper turn.......................................................3
(p) Driving in wrong lane or direction on one-way street................3
(q) Driving through safety zone.........................................3
(r) Conviction of violations not listed in this subsection (5) 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
(s) Failure to signal or improper signal................................2
(t) Improper backing....................................................2
(u) Failure to dim or turn on lights....................................2
(v) (I) except as provided in subparagraph (II) of paragraph (v),
Operating an unsafe vehicle.........................................2
II Operating a vehicle with defective headlamps.........................1
(w) Eluding or attempting to elude a police officer...................12
(x) Alteration of suspension system.....................................3
(y) Failure to yield right-of-way to pedestrian.........................4
(z) Failure to yield right-of-way to pedestrian at walk signal..........4
(aa) Failure to yield right-of-way to pedestrian upon emerging from
alley, driveway, or building in a commercial or residential area..............4
(bb) Failure to yield right-of-way to person with a disability pursuant
to section 42-4-808...........................................................6
(cc) Failure to exercise due care for pedestrian pursuant to section
42-4-807......................................................................4
(dd) A second or subsequent violation of section 42-2-101 (1) and (4)...6
(ee) Failure to maintain or show proof of insurance pursuant to section
42-4-1409.....................................................................4
(ff) Failure to observe high occupancy vehicle lane restrictions pursuant
to section 42-4-1012..........................................................0
(5.5) If a person receives a penalty assessment notice for a violation
under section 42-4-1701 (5) and such person pays the fine and surcharge for the
violation on or before the date the payment is due, the points assessed for the
violation are reduced as follows:
(a) For a violation having an assessment of three or more points under
subsection (5) of this section, the points are reduced by two points;
(b) For a violation having an assessment of two points under subsection (5)
of this section, the points are reduced by one point.
(5.6) Any municipality may elect to have the provisions of subsection (5.5)
of this section apply to penalty assessment notices issued by the
municipality pursuant to counterpart municipal ordinances. Whenever a
municipality reduces a traffic offense, the reduced offense and the points
assessed for such reduced offense shall conform to the point assessment
schedule under section 42-2-127.
(5.7) Notwithstanding any other provision of the statutes to the
contrary, if a penalty assessment for a traffic infraction is not personally
served on the defendant or the defendant has not accepted the jurisdiction of
the court for such penalty assessment, then the traffic infraction is a class B
traffic infraction and the department has no authority to assess any points
under this section upon entry of judgment for such traffic infraction.
(5.8) Notwithstanding any other provision of this section, the department
may not assess any points for a violation if such assessment of points is
prohibited under section 42-4-110.5 (3). (Automated traffic enforcement)
(6) (a) "Convicted" and "conviction", as used in this section, include
conviction in any court of record or municipal court, or by the Southern Ute
Indian tribal court, or by any military authority for offenses substantially
the same as those set forth in subsection (5) of this section which occur on a
military installation in this state and also include the acceptance and payment
of a penalty assessment under the provisions of section 42-4-1701 or under the
similar provisions of any town or city ordinance and the entry of a judgment or
default judgment for a traffic infraction under the provisions of section
42-4-1701 or 42-4-1710 or under the similar provisions of any municipal
ordinance.
(b) For the purposes of this article, a plea of no contest accepted by
the court or the forfeiture of any bail or collateral deposited to secure a
defendant's appearance in court or the failure to appear in court by a
defendant charged with a violation of section 42-4-1301 (1) (a), (1) (c), or
(2) who has been issued a summons and notice to appear pursuant to section
42-4-1707 as evidenced by records forwarded to the department in accordance
with the provisions of section 42-2-124 shall be considered as a conviction.
(c) The provisions of paragraph (r) of subsection (5) of this section
shall not be applicable to violations of the requirements of sections 42-2-115,
42-3-133, and 42-4-314.
(7) Upon the accumulation by a licensee of half as many points as are
required for suspension, the department may send such licensee a warning letter
in accordance with section 42-2-119 (2) or order a preliminary hearing, but the
failure of the department to send such warning letter or hold such preliminary
hearing shall not be grounds for invalidating the licensee's subsequent
suspension as a result of accumulating additional points as long as the
suspension is carried out under the provisions of this section. Should a
preliminary hearing be ordered by the department and should the licensee fail
to attend or show good cause for failure to attend, the department may suspend
such license in the same way as if the licensee had accumulated sufficient
points for suspension and had failed to attend such suspension hearing.
(8) (a) Except as otherwise provided in subsection (9) of this section,
whenever the department's records show that a licensee has accumulated a
sufficient number of points to be subject to license suspension, the department
shall notify the licensee that a hearing will be held not less than twenty days
after the date of the notice to determine whether the licensee's driver's
license should be suspended. The notification shall be given to the licensee
in writing by regular mail, addressed to the address of the licensee as shown
by the records of the department.
(b) (I) If the department's records indicate that a driver has
accumulated a sufficient number of points to cause a suspension under
subsection (1) of this section and the driver is subject to a current or
previous license restraint with a determined reinstatement date for the same
offense or conviction that caused the driver to accumulate sufficient points to
warrant suspension, the department may not order a point suspension of the
license of the driver unless the license or driving privilege of the driver was
revoked pursuant to section 42-2-126 (2) (a) (II).
(II) If the department does not order a point suspension against the
license of a driver because of the existence of a current or previous license
restraint with a determined reinstatement date under the provisions of
subparagraph (I) of this paragraph (b), the department shall utilize the points
that were assessed against the driver in determining whether to impose any
future license suspension if the driver accumulates any more points against the
driver's license.
(9) (a) Whenever the department receives notice that a person has pled
guilty to, or been found guilty by a court or a jury of, a violation of section
42-4-1301 (1) (a), (1) (c), or (2) and receives the license surrendered by the
person to the court pursuant to section 42-2-129, the department shall
immediately suspend the license of the person for a period of not less than one
year. If the department is also required to enter a license revocation for a
period of one year or longer under any provision of this title based on the
same conviction, the suspension shall not be entered.
(b) Upon suspending the license of any person as required by this
subsection (9), the department shall immediately notify the licensee as
provided in section 42-2-119 (2).
(c) Upon receipt of the notice of suspension, the licensee or the
licensee's attorney may request a hearing in writing. The department, upon
notice to the licensee as provided in section 42-2-119 (2), shall hold a
hearing at the district office of the department closest to the residence of
the licensee not less than thirty days after receiving such request through a
hearing commissioner appointed by the executive director of the department,
which hearing shall be conducted in accordance with the provisions of section
24-4-105, C.R.S. After such hearing, the licensee may appeal the decision of
the department to the district court as provided in section 42-2-135. Should a
driver who has had a license suspended under this subsection (9) be
subsequently acquitted of such charge by a court of record, the department
shall immediately, in any event not later than ten days after the receipt of
such notice of acquittal, reinstate said license to the driver affected.
(10) Suspension hearings when ordered by the department shall be held at
the district office of the department closest to the residence of the licensee.
A hearing delay shall be granted by the department only if the licensee
presents the department with good cause for such delay. Good cause shall
include absence from the state or county of residence, personal illness, or any
other circumstance which, in the department's discretion, constitutes
sufficient reason for delay. In the event that a suspension hearing is
delayed, the department shall set a new date for such hearing no later than
sixty days after the date of the original hearing.
(11) Upon such hearing, the department or its authorized agent may
administer oaths, issue subpoenas for the attendance of witnesses and the
production of books and papers, apply to the district court for the enforcement
thereof by contempt proceedings, and require a reexamination of the licensee.
(12) If at the hearing held pursuant to subsection (8) of this section it
appears that the record of the driver sustains suspension as provided in this
section, the department shall immediately suspend such driver's license, and
such license shall then be surrendered to the department. If at such hearing
it appears that the record of the driver does not sustain suspension, the
department shall not suspend such license and shall adjust the
accumulated-point total accordingly. In the event that the driver's license is
suspended, the department may issue a probationary license for a period not to
exceed the period of suspension, which license may contain such restrictions as
the department deems reasonable and necessary and which may thereafter be
subject to cancellation as a result of any violation of the restrictions
imposed therein. The department may also order any driver whose license is
suspended to take a complete driving reexamination. After such hearing, the
licensee may appeal the decision to the district court as provided in section
42-2-135.
(13) If the driver fails to appear at such hearing after proper
notification as provided in subsections (7) and (8) of this section and a delay
or continuance has not been requested and granted as provided in subsection
(10) of this section, the department shall immediately suspend the license of
such driver, but such suspension or revocation shall not be effective until
twenty days after notification of such action has been given to the licensee as
provided in section 42-2-119 (2). The notification of suspension or revocation
shall recite therein that the licensee may apply for a hearing at any time
within twenty days after the date of notification of the order of suspension or
revocation, and the licensee shall be advised that, if a hearing is applied
for, the effective date of the order will be extended until after the hearing
is held. Such hearing shall be held within sixty days after application is
made, and, at said hearing, it shall be determined whether the order of
suspension or revocation shall be entered in the same manner as if the licensee
had originally appeared after first notice.
(14) (a) If there is no other statutory reason for denial of a
probationary license, any individual who has had a license suspended by the
department because of, at least in part, a conviction of an offense specified
in paragraph (b) of subsection (5) of this section may be entitled to a
probationary license pursuant to subsection (12) of this section for the
purpose of driving for reasons of employment, education, health, or alcohol and
drug education or treatment; but such individual, if ordered by the court which
convicted the individual, must be enrolled in a program of alcohol and drug
traffic driving education or treatment certified by the division of alcohol and
drug abuse in the department of human services. Such a probationary license
shall contain any other restrictions as the department deems reasonable and
necessary, shall be subject to cancellation for violation of any such
restrictions, including absences from alcohol and drug education or treatment
sessions or failure to complete alcohol and drug education or treatment
programs, and shall be issued for the entire period of suspension. The
department may not issue a probationary license to an individual unless at the
time of license restraint such individual has a valid driver's privilege and
has no outstanding judgments or warrants issued against such individual
pursuant to the requirements of section 42-2-118 (3). A probationary driver's
license issued pursuant to this section may not have a term longer than one
year.
(b) The department may refuse to issue a probationary license if the
department finds that the driving record of the individual is such that the
individual has sufficient points, in addition to those resulting from the
conviction referred to in this subsection (14), to require the suspension or
revocation of a license to drive on the highways of this state, or if the
department finds from the record after a hearing conducted in accordance with
subsection (12) of this section that aggravating circumstances exist to
indicate the individual is unsafe for driving for any purpose. In refusing to
issue a probationary license, the department shall make specific findings of
fact to support such refusal.
(c) No district attorney shall enter into, nor shall any judge approve, a
plea bargaining agreement entered into solely for the purpose of permitting the
defendant to qualify for a probationary license under this subsection (14).
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Last Updated : Aug 28, 2000