Habitual Traffic Offender & Aggravated Driving
Denver Habitual Traffic Offender & Aggravated Driving Lawyer
Habitual traffic offenders are those who have accumulated or committed three serious driving offenses within seven years, or 10 or more offenses of any kind within five years. The government in Jefferson, Arapahoe and Douglas counties increases the stakes for these drivers in order to get bad drivers off the road. Habitual traffic offenders can be charged with a felony if they drive and commit any additional serious driving offenses.
How To Qualify For Habitual Traffic Offender Status With DMV
If a person is convicted of three “qualifying offenses” which occurred over a 7 year period of time (based on date of violation, not conviction), their license will be revoked for 5 years. “Qualifying offenses” include but are not limited to:
- Driving under suspension or revocation
- Driving while ability impaired (DWAI)
- Driving under the influence (DUI)
- Reckless driving
- Vehicular assault
- Vehicular homicide
While under suspension, a person may not drive until their license is reinstated. If a person does drive while revoked, there is a mandatory 30 days in jail. Although harsh concerning the need most people have to drive for employment, no driving privileges can be granted by the Department of Motor Vehicles while under this type of action. Further driving will result in increased periods of revocation and incarceration.
Aggravated Driving With A Revoked License
A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender in Adams, Larimer and Weld counties and thereafter operates a motor vehicle in Colorado while the revocation of DMV prohibiting such operation is in effect and, as a part of the same criminal episode, also commits one of many serious driving offenses. Aggravated driving with a revoked license is a Class 6 felony, punishable by a prison sentence.
There is also a Denver Municipal Code section which allows Denver police to impound and seize vehicles used in habitual offense crimes. These vehicles that are driven by habitual traffic offenders are labeled a “public nuisance” and the vehicle can be permanently taken by the City of Denver through forfeiture proceedings.
With serious crimes like Habitual Traffic Offender and Aggravated Driving with a Revoked License in Broomfield and Grand counties, you need an experienced traffic attorney to evaluate your case concerning DMV notice issues and constitutional traffic stop law. If contacted by police, always be smart, exercise your right to remain silent, and call the experienced lawyers at O'Malley and Sawyer, LLC, at 303-731-0719. Together, we can protect your future.