Law Office of Jim Forslund

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POINT SYSTEM RULES AND REGULATIONS

REGULATION 2-123.14

1. PERIOD OF SUSPENSION.

   A hearing to determine whether the license of any driver should be suspended pursuant to 42-2-127 C.R.S., as amended, shall be held before a hearing office appointed by the department. if at such a hearing it appears to the hearing office that the record of the licensee sustains suspension as provided in 42-2-127 C.R.S. as amended, the hearing officer shall then determine the length of the period of suspension, not to exceed one year. In the event the license is suspended by the department because of, at least in part, a conviction of an alcohol or drug related offense specified in paragraph (b)(I) or (II) of subsection 5 of section 42-2-127, the suspension shall be for not less than one year.

   Except where a point suspension is required to be held for at least one year, as described above, in each case in which suspension is sustained, the base period of suspension shall be six months. The base period may be lengthened or shortened according to the presence of aggravating or mitigating circumstances as set forth in this regulation. The weight to be given to the aggravating and mitigating factors shall be within the discretion of the hearing officer.

   1. The hearing officer shall review the driving history of the licensee, as revealed by the records of the department, for a period of seven years prior to the hearing to determine whether any aggravating circumstances exist. The existence of any of the following circumstances shall be taken into consideration by the hearing officer in determining whether to extend the period of suspension or deny the issuance of a probationary license. The hearing officer shall not consider any other factors as a basis for such extension or denial of probationary license.
      
      1. any traffic violations for which the licensee has been convicted involving bodily injury or death to another person;
      2. the licensee has been convicted of any traffic offense involving the use of alcohol or drugs pursuant to 42-4-1301 C.R.S.
      3. evidence on the department records that the licensee has a prior license suspension, revocation, cancellation, or denial;
      4. evidence on the department records that the licensee has accumulated at least three points more than required to subject the licensee to license suspension;
      5. conviction for any traffic offence which results in the imposition of 6 or more points pursuant to 42-2-127(5) C.R.S.;
      6. repeated convictions of licensee for any particular traffic offence;
      7. any points accumulated by the licensee after attendance at any driver education program;
      8. any recommendation by a court at the time of the conviction of the licensee for a traffic offense which indicates a longer term of suspension would be appropriate;
      9. any evidence of carelessness or recklessness in the record;
      10. conviction for any offense enumerated in 42-4-1301(2))(a) C.R.S.;
      11. evidence of repeated or willful disregard for the law or public safety.
      
      After the hearing officer has identified any of the above aggravating circumstances and prior to the imposition of any period of suspension, the licensee shall have reasonable opportunity to correct or explain any of the circumstances identified by the hearing officer.
      
      
   2. The hearing officer shall also review the driving history of the licensee, as revealed by the records of the department, and as presented by the respondent, to consider any mitigating factors. The existence of any of the following mitigating factors shall be taken into consideration by the hearing officer in making a determination whether the period of suspension should be shortened and whether a probationary license should be granted during the period of suspension.
   
   
   1. evidence that the licensee has successfully completed a driver education or defensive driving course and has not acquired any convictions since completion of that course;
   2. absence from licensees record of all of the aggravating circumstances enumerated in paragraph A(1) above;
   3. any recommendation made by a court at the time of the conviction of the licensee for a traffic offense which indicates a shorter term of suspension would be appropriate;
   4. any fact that indicates that the licensee is not a significant risk to public safety;
   5. any evidence in the record that indicates that the licensee has suffered undue delay with regard to the initiation of proceedings against the driving privileges of the licensee, or that the licensee has otherwise been harmed as a result of errors or omissions committed by the department in the record-keeping processes;
   6. any other factors which the licensee may submit in mitigation.
   
   
2. PROBATIONARY LICENSE.
   
   1. In determining whether the licensee should be issued a probationary license the hearing officer shall take into consideration the following:
      1. whether the licensee has no other means of transportation to and from his place of employment, to and from a place of health care medically necessary for the welfare of the licensee or immediate family, or to and from a school where the licensee is enrolled, or a place of child care for the licensees child(ren);
      2. whether the licensee will be deprived of employment if all driving privileges are suspended;
      3. any of the aggravating and mitigating circumstances identified above in A(1) and A(2)

   2. Prior to the issuance of a probationary license by the department the hearing office may require the licensee to provide reasonable written proof of the licensees need for a probationary license.
   3. If the hearing officer determines that a probationary license shall be issued, the hearing officer shall specifically describe the terms and limitations of the probationary license which have been determined to be reasonable and necessary, consistent with regulation.
   4. If the licensee has been required by any statute or court to attend alcohol or drug education and/or therapy, any probationary license issued may permit the attendance of that education or therapy if:
      1. the licensee is enrolled in a program of alcohol and drug education or treatment certified by the department of health division of alcohol and drug abuse; and
      2. the licensee does not have alternative transportation available to said program.

   5. If the licensee has been granted driving privileges to attend a program defined in paragraph 4 above, the licensee may be required to provide proof of enrollment in such program and written promise by the agency conduction the program, to provide immediate notice to the hearing officer should the licensee fail to maintain required participation in such program.

   6. Any probationary license issued under this regulation will be subject to cancellation on receipt of a transcript of conviction for any traffic violation received while driving during the period of probation or on receipt of competent evidence of violation of any of the restrictions imposed on such license.
3. FINDINGS OF THE HEARING OFFICER
   
   1. In the event the hearing officer orders the suspension of a respondent licensees license pursuant to 42-2-127 C.R.S. and this regulation, the hearing officer shall make specific findings of the reasons for such suspension and the duration thereof.
   2. In the event the hearing officer denies the respondent licensee a probationary license pursuant to 42-2-127 C.R.S., and this regulation, the hearing officer shall make specific findings of the reasons for such denial.