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Probationary Licenses
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Point Suspension Law
Colorado's point suspension law
(statute 42-2-123, CRS) requires
a suspension of a driver’s
license under the following
circumstances:
A. Adult Drivers (age 21
and older) with:
- 12 points or more within any
one-year period, or
- 18 points or more within any
two-year period
B. Provisional Drivers
(age 18 through 20) with:
- 9 points or more within any
one-year period, or
- 12 points or more within any
two-year period, or
- 14 points since the lifetime
of the provisional license
C. Minor Drivers (age 16
through 17) with:
- 6 points or more within any
one-year period, or
- 7 points or more within any
two-year period.
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Suspension Hearing
If you choose to request a
formal hearing, you meet with a
hearing officer at the DMV. You
have the right to have a defense
lawyer with you at the hearing.
A transcript of the hearing will
be available for appeal
purposes. A hearing officer will
determine the length and terms
of suspension. The hearing may
result in up to a one-year
suspension with no probationary
driving privileges being
authorized. You may request a
probationary license for a
points suspension. A defense
lawyer can help make the
argument for why you deserve a
restricted license.
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Terms of Probationary Licenses
A probationary license is based
on your driving needs. If you
choose a suspension with
restricted driving, you must be
prepared to explain your reasons
for driving.
The probationary license will be
cancelled if you are convicted
of any traffic offenses you
receive while driving with the
license.
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Criteria for Length of
Suspension
The hearing officer will
consider any of the following
factors to determine whether to
shorten the suspension period or
grant a probationary license:
-
evidence that you complete a
defensive driving course and
have not acquired any
convictions since completing
that course;
-
any recommendation made by a
court at the time of the
conviction which indicates
that a shorter term of
suspension would be
appropriate
-
any fact showing that you
are not a risk to public
safety
-
the absence of any
aggravating factors in your
driving record (such as
serious speeding
offenses, accidents,
reckless or careless
driving)
-
any evidence that you have
suffered undue delay with
regard to initiating the
suspension proceedings or
have been harmed as a result
of errors in record-keeping
by the department
-
any other factors which you
submit in mitigation
Reinstatement
You are eligible for
reinstatement of your regular
license the day that your
suspension period ends. To
reinstate, you must pay a $60
reinstatement fee and provide
proof of insurance. If you do
not reinstate on the date you
are eligible, the suspension
continues until you get
reinstated.
If you are caught driving
without reinstating, you are
subject to the following
penalties: 1) one-year extension
of suspension with no driving,
2) mandatory minimum five-day
jail sentence, and 3) fines up
to $500.
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Frequently Asked Questions about
Probationary Licenses
If I have a probationary
license, can I drive to the
grocery store, to get gas, the
cleaners, or other needs on the
way to one of the allowed
restrictions?
These stops are allowed only if
reasonably on the way and within
any time restriction specified.
Abusing the restrictions will
put the probationary license at
risk.
What about an emergency, the
kids get sick, etc.?
Again, driving outside the
restrictions may place
cancellation of the probationary
license at risk. If your license
is confiscated by a police
officer because he or she
believes you drove outside the
restriction, you may petition
for a hearing on the matter with
the DMV hearings section.
In the event that I change my
job or my driving needs change,
do I need to have my
probationary license changed?
Yes, any change in your driving
needs must be reflected on the
probationary license.
What will happen if I am
unable to reinstate on the day
my suspension ends?
The suspension continues until
you reinstate. Reinstatement
occurs only when you have paid a
$60.00 reinstatement fee and
provided evidence of insurance
to the DMV. Once reinstated, DMV
issues you an order of
reinstatement and returns your
driver’s license.
When I reinstate, do I start
over with a “clean driving
record?”
Reinstatement only restores your
regular driving privileges. It
does not clear your driving
record. Existing points on your
record along with any new points
acquired after your suspension
may cause a new point
suspension.
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