Points and Restricted Driver’s Licenses
Red license / work license / hardship license – Essentially these terms all describe the same thing, a Probationary Drivers License. (PDL). If you have accumulated too many points in Colorado against your privilege to drive here, the Hearing Officers at the Department of Revenue (DOR / DMV) have discretion on whether to authorize non-recreational type driving privileges. (e.g., work, school, court-ordered activities, medical, child care, limited shopping, etc.). The Hearing Officer will consider aggravating factors (negative) and mitigating factors (good) when determining whether to grant you a restricted license
You will be denied a PDL in the following circumstances:
- You have another active or pending Restraint for which you are not fully eligible for reinstatement, and which restraint does not permit the issuance of a PDL.
- EXCEPTION: If proficiency testing is required for reinstatement under the active or pending Restraint, the Hearing Officer may authorize such testing on the PDL.
- The Respondent has never held a valid Driver's License from Colorado or any other state.
- The Respondent has an unresolved alleged violation, where a conviction would result in a Restraint for which no PDL is available.
- For the operation of commercial motor vehicles as defined by law.
- The Respondent is under the age of seventeen, for driving on the job.
- The Respondent has previously had a PDL, unless the Hearing Officer makes specific findings that the mitigating factors outweigh the aggravating factors.
AGGRAVATING FACTORS: The Hearing Officer shall consider the following as aggravating factors. The Hearing Officer shall have sole discretion in determining the weight to be given any
aggravating factor:
- Any collision involving death or bodily injury to another where the Respondent is determined to be at fault on the basis of a conviction, accident report or other evidence presented at hearing.
- Any conviction for a violation that carries a point assessment of six or more points prior to any point reductions authorized for prompt payment.
- Any conviction defined in the Federal Motor Carrier Safety Regulations or subsequently promulgated pertinent federal regulations as a major offense, serious traffic violation or railroad crossing offense.
- Any conviction for a violation of an out of service order that poses a serious safety risk to the public.
- Any conviction for an offense specifically designated by the habitual offender law, § 42-2-202, C.R.S.
- Carelessness as evidenced by the Driver Record and information gathered at hearing.
- Recklessness as evidenced by the Driver Record and information gathered at hearing.
- Repeated or willful disregard for the law or public safety as evidenced by the Driver Record and information gathered at hearing.
- Conviction for any violation involving alcohol or drugs.
- Any prior driver's license restraint.
- Any prior issuance of a Probationary Driver's License.
- Repeated commission of the same types of offenses.
- The reluctance to be truthful or candid at the hearing.
- The accumulation of three or more points beyond what is required to trigger a point suspension.
- Any evidence of a violation of the terms and conditions of any previously issued POL.
- One or more traffic collisions where the Respondent was found to be at fault.
- Any evidence of failing to be an insured driver at any time Respondent was operating a motor vehicle.
- Any evidence of failing to be in compliance with court ordered probation requirements.
- Any evidence that the Respondent has an alcohol or substance abuse problem that is not under control or not likely to remain under control.
MITIGATING FACTORS - The Hearing Officer shall consider the following as mitigating factors. The Hearing Officer shall have sole discretion in determining the weight to be given any mitigating factor:
- Deprivation of Respondent's livelihood as a direct result of the Restraint
- Respondent's demonstrated efforts to correct behavior that led to the Restraint under consideration.
- The absence of all aggravating factors.
- Any errors by the Department that have adversely affected the Respondent's driving privileges.
- Time without driving already served under any currently active Restraint if that Restraint was caused by the same event(s) that caused the current restraint.
- Lack of violations committed subsequent to the time frame under consideration, e.g. if a citation is reported months or years late.
- Respondent's need to drive in another state.
- In cases where there is evidence that Respondent has an alcohol or substance abuse problem, evidence demonstrating such problem is under control.
- Any factors which the Respondent presents that mitigate the severity of the record.
PRECONDITIONS FOR PROBATIONARY DRIVER'S LICENSE - The Hearing Officer may establish any reasonable requirement as a pre-condition to authorizing a PDL, including, but not limited to:
- Letter from Respondent's employer confirming employment and authority to drive on the job with a PDL.
- Evidence of enrollment in and compliance with court-ordered or reinstatement-required Alcohol Education and Therapy.
- Completion of a defensive driving course after the last driving offense.
- Production of documentation necessary to dispose of another pending or active Restraint.
- Disposition of pending court matters for reanalysis of record for aggravation and mitigation.
- Compliance with monitored sobriety, including but not limited to ignition interlock devices, disulfuram, participation in alcohol education or therapy, monitored alcohol detection devices.
- Report from any probation officer showing satisfactory compliance with the terms of
- probation.
- SR22 Endorsement to insurance coverage.
CANCELLATION OF PROBATIONARY DRIVER'S LICENSE - A Hearing Officer may summarily cancel a POL upon receipt of any of the following, including ex parte communications:
- Citation, incident report, or other reliable communication from a law enforcement officer that Respondent has been cited for a moving violation while on the probationary driving privilege.
- Incident report or other reliable communication from a law enforcement officer or identified witness that Respondent has driven outside the restrictions prescribed on the PDL Authorization or failed to carry the PDL Authorization while driving.
- Reliable evidence that Respondent has failed to maintain conforming insurance during the term of the PDL.
- Reliable evidence that Respondent was at fault in a collision during the term of the PDL.
- Reliable evidence that Respondent has been in actual physical control of a vehicle during the term of the PDL after consuming alcohol or drugs.
Trying to decide which attorney to hire for your DUI case or traffic ticket?
http://www.avvo.com http://www.superlawyers.com Super%20lawyer%20Article.pdf
303-522-2220 gary @piroskolaw.com
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A partial list of the cities, counties and areas I practice in include, but are not limited to: Adams / Arapahoe / Boulder / Broomfield / Clear Creek / Denver / Douglas / Eagle / El Paso / Elbert / Garfield / Gilpin / Grand / Jefferson / Larimer / Lincoln / Park / Pitkin / Routt / Summit / Weld / Agate / Air Force Academy / Arvada / Ault / Auraria / Aurora / Avon / Bailey / Basalt / Battle Creek / Bennett / Berthoud / Black Hawk / Boulder / Bow Mar / Brighton / Broomfield / Buckley AFB / Buena Vista / Byers / Calhan / Castle Pines / Castle Rock / Centennial / Central City / Chatfield / Cherry Creek / Cherry Hills Village / Colorado School of Mines / Colorado Springs / Colorado State University / Columbine Valley / Commerce City / Como / Conifer / Cottonwood / Dacono / Deer Trail / Denver / DIA / Dillon / Dotsero / Dumont / Eagle / Eaton / Edgewater / Edwards / El Jebel / Elbert / Elizabeth / Empire / Englewood / Erie / Estes Park / Evans / Evergreen / Fairplay / Falcon / Federal Heights / Firestone / Fort Carson / Fort Collins / Fort Lupton / Fountain / Franktown / Fraser / Frederick / Frisco / Garden City / Georgetown / Gilcrest / Glen Eden / Glen Haven / Glendale / Glendevey / Granby / Grand Lake / Greeley / Greenwood Village / Guffey / Gypsum / Hartsel / Hayden / Henderson / Highlands Ranch / Hot Sulphur Springs / Hudson / Hygiene / Idaho Springs / Idledale / Invesco Field / Jefferson / Johnstown / Keenesburg / Ken Caryl / Kersey / Kiowa / Kittredge / Kremmling / La Salle / Lafayette / Lake George / Lakeside / Lakewood / Laporte / Larkspur / Littleton / Livermore / Lochbuie / Lone Tree / Longmont / Louisville / Louviers / Loveland / Lyons / Manitou Springs / Matheson / Mead / Mile High Stadium / Milliken / Milner / Minturn / / Monument / Morrison / Mountain View / National Forrest / National Park / Nederland / Niwot / Northglenn / Oak Creek / Palmer Lake / Parker / Pepsi Center / Peyton / Pinecliffe / Platteville / Poudre Park / Ramah / Red Cliff / Red Feather Lakes / Red Rocks / Reservoir / Rocky Mountain National Park/ Saint Vrain / Security / Sedalia / Severance / Shawnee / Sheridan / Silver Plume / Silverthorne / Simla / State Bridge / State Park / Steamboat Springs / Strasburg / Superior / Tabernash / Tarryall / Thornton / Timnath / University of Colorado / University of Denver / Vail / Ward / Watkins / Wellington / Westminster / Wheat Ridge / Widefield / Windsor / Winter Park / Wolcott / Yampa / Yoder