Application By Out Of Stated Suspended – Revoked – Restrained Drivers For A Denver Colorado Drivers License
Application By Out Of Stated Suspended – Revoked – Restrained Drivers For Denver Colorado Drivers License – This article addresses a question I received very often from out of state drivers seeking to obtain a driver’s license in Colorado after losing their drivers license in their home state.
Please do not call my firm on this subject – Here is the number to the DMV Hearings Division – 303-205-5606 – And here is a LINK to the DMV.
What Follows Are The Rules and Laws That Apply To The Licensing of Drivers Currently under Restraint in Another State…
The scenario is this – you have lost your license in your home state and are searching for another state where you will be allowed to drive. Colorado is one of the desirable states you have targeted.
The Administrative Hearing Procedure You Must Follow To See If Colorado Will Let You Drive In The State
If you are applying for a Colorado driver’s license because of an existing restraint in another “party” (interstate compact) state you may request a hearing to determine eligibility for a Colorado driver’s license under these rules.
Request A Hearing – After you request a hearing from the DMV “Hearing Section” – the section will notify you of the date of the pending hearing. The DMV then obtains your driving record from the state that has taken away your right to drive.
Analysis Of Your Out Of State Driving Record – The Colorado DMV analyzes your out of state record and – applying Colorado law – analyzes your driving record as if your driving offenses – convictions had occurred in Colorado. The analysis -investigation of your record must comply with Section V of the interstate Driver License Compact, (IDLC or DLC)
Member States Of The DLC
The Compact applies to 45 of the 50 states as of this writing. These states provide information about arrests, convictions and even citations that take place in a state other than that in which they are licensed.
As of this writing (2014), Georgia, Massachusetts, Tennessee, Michigan and Wisconsin are not signers to the Compact. For that reason you may be able to escape the consequences of your suspension or revocation in those states. Be aware also – that even for the so called member states – communication is often lacking and the states in question may not share the information critical to a determination in your specific case.
Here Is A LINK to the DLC Administrative Procedures Manual and a reprint of Section V – which is the section that governs key terms of the reinstatement policies and procedures:
ARTICLE V – APPLICATIONS FOR NEW LICENSES
Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:
(1) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(2) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(3) The applicant is the holder of a license to drive issued by another party state and currently in force unless the applicant surrenders such license.
How To “Win” The Hearing
At the hearing, the applicant must show that:
1. A Minimum Of ONE YEAR has passed since the out-of-state license was suspended or revoked;
2. The Applicant For The Colorado Driver’s License HAS NOT DRIVEN since the imposition of the suspension or revocation; (Any evidence of a traffic conviction for an offense OCCURRING AFTER the suspension or revocation effective date means that the applicant is required to wait one year FROM THE VIOLATION DATE before applying for a Colorado license under these rules; or until one year after the date of Colorado reinstatement eligibility, whichever is longer.)
3. The Applicant Is A COLORADO RESIDENT
Proving Residency – Colorado Residency can be established by such evidence as proof of employment, voter registration, utility bills or other documents which reflect that the applicant resides in Colorado.
The State Of Colorado DMV has the burden of proving that an applicant is NOT ELIGIBLE for a driver’s license based on the analysis of the applicant’s out-of-state driving record.
How Is The Reinstatement Eligibility Date Actually Calculated?
As noted above – the Colorado DMV must analyze your record by applying Colorado law to the record. The DMV shall credit time any time spent under the out-of-state restraint to the total time of restraint required under Colorado law.
If the reinstatement eligibility date has already passed, the applicant is automatically eligible to apply for a Colorado driver’s license after the applicant has completing any and all of Colorado’s
Timing Of The Reinstatement and Conditions
The very day of reinstatement eligibility under these rules, the applicant becomes eligible to apply for the Colorado license.
There Is No Alternative Licensing – Unless you “WIN” the DMV analysis hearing under the DLC – there is no other alternative Colorado driver’s license such as a probationary or temporary license.,
The ONE YEAR RULE is absolute – In no event shall a Colorado driver’s license be issued to any applicant less than one year after the imposition of a restraint by a party state.
No Driver’s Licenses For The Following Traffic and Felony Crimes Under The Driver’s License Compact (DLC)
2.1.6. Who Shall Not Be Licensed
The licensing authority in the jurisdiction where the application is made shall not issue a license to drive to the applicant if:
22.214.171.124. The applicant’s driving privilege is suspended or revoked in whole or in part as a result of a violation of one of the following. Such violations are not limited to those listed.
- Manslaughter or negligent homicide resulting from the operation of a motor vehicle.
- Driving under the influence of Alcohol/Drugs (DUI).
- Felony in which a motor vehicle is used.
- Leaving the scene of an accident or failure to stop and render aid at a personal injury accident or fatal accident.
Application By Out Of Stated Suspended – Revoked – Restrained Drivers For A Denver Colorado Drivers License
ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author – A Denver Colorado DUI – DWAI- DUID Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.
The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
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