Denver Habitual Traffic Offender

In Colorado there are many ways in which a person can earn the status as a Habitual Traffic Offender (HTO).

C.R.S. 42-2-202 classifies a Habitual Traffic Offender as:

  1. Any person, resident or nonresident, who has been convicted of three qualifying, separate and distinct driving offenses within a seven year period, based on the date of violation, not conviction. Qualifying offenses that lead to a 5 year license revocation include, but are not limited to:
  • Driving under the influence (DUI)
  • Driving while ability impaired (DWAI)
  • Reckless Driving
  • Driving under suspension or revocation (DUR)
  • Vehicular assault
  • Vehicular homicide
  1. If a person has 10 or more convictions of separate and distinct driving offenses within five years where the offenses carried four or more points each, or;
  1. If a person has eighteen or more convictions of separate and distinct offenses within five years where each offense carried three points or less.

Colorado Habitual Traffic Offender Penalties

Although many people falsely believe that traffic offenses don’t carry serious consequences, a Habitual Traffic Offender will have their license revoked for 5 years. Depending on the driver’s record he or she may be eligible to reinstate his or her license early upon contacting the DMV and meeting their reinstatement conditions.

Colorado Aggravated Driving with a Revoked License, C.R.S. 42-2-206

A person commits the crime of aggravated driving with a revoked license if they are found to be a Habitual Traffic Offender and then operates a motor vehicle in Colorado while the revocation is in effect, and also commits any of the following offenses:

  • Driving under the influence (DUI)
  • Driving while ability impaired (DWAI)
  • Reckless driving
  • Eluding or attempting to elude a police officer
  • Vehicular eluding

Aggravated Driving with a Revoked License Penalties

Any person convicted of aggravated driving with a revoked license commits a class 6 felony, punishable by a prison sentence between 1 year and 18 months.

Denver is particularly harsh of habitual traffic offenders in that the Denver Municipal Code allows the Denver Police to seize and impound the vehicles of habitual traffic offenders. Labeled as a “public nuisance” the vehicles can be permanently taken through civil forfeiture proceedings.

If you’ve been charged as a Habitual Traffic Offender or Aggravated Driving without a license you need competent legal advice from a Colorado criminal defense lawyer who is familiar with the nuances of DMV proceedings. At the Law Office of Andres R. Guevara our attorneys will work diligently to protect your legal rights and your driver’s license.  Please contact us today for a free consultation to find out how we can help.