Sentencing in Colorado

Traffic matters

As much as my practice has been devoted to defending guns and drugs, there is always demand from ordinary folks for defense of traffic matters.  The importance of this work is undisputed in our car culture, for without a license it is tough to do all the mandatory daily things of living, getting to and from work, taking the kids to school, and making a doctor's appointment.

If you get too many moving violations, like speeding, you could face a suspended drivers license.  In Colorado, point violations accumulate for every citation that you receive while behind the wheel of the car, such as:

Speeding:
5-9 mph over the limit = 1 point
10-19 mph over the limit = 4 points
20-39 mph over and 20-39 over maximum of 75 mph = 6 point points
40+ mph over the limit = 12 points

And "serious" violations carry points too:

Hit and run (Leaving scene of accident) =  12 points
DUI/alcohol or drugs  = 12 points
DUAI (Driving While Ability Impaired) =  8 points
Reckless driving = 8 points
Careless driving = 4 points

Before deciding what type of offense can be plea bargained in any case, obtaining your driver's history may spell out whether or not being found guilty of a minor traffic offense will result in a driver's license suspension.  For driver's aged 21 and over, the basic rule is that 11 points are allowable in a twelve month period, driver's aged 18-21 can accumulate 8 points, and driver's under 18 will be suspended after 4 points in twelve months.

In DUI cases, point suspension often demonstrate the saying, "winning the battle and losing the war".  For example, if you successfully beat back a charge in court for drunk driving, you may still have the Department of Motor Vehicles (DMV) suspend your license for the same offense.  This two headed monster must therefore be fought on both fronts to present a successful defense to charges.

You can end up negotiating pleas to traffic offenses that will not carry any points or, avoid extending an existing driver's license suspension with the careful assistance of counsel.  However, court's will routinely avoid telling you about driver's license affects on criminal and traffic pleas.  Again, a seasoned criminal defense attorney can help tremendously in this area which has landmines 'hidden' at every step.

Examples of those landmines are that certain criminal convictions carry mandatory suspension of driving privileges, such as felony motor vehicle related offenses, drug possession, trespass, vandalism, and being a minor in possession of alcohol.

Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO  80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com

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