Colorado Habitual Traffic Offender Driver’s License Penalties

Colorado law treats all Habitual Traffic Offenders in a harsh way, administering them serious penalties for their offences. If you are designated as HTO or habitual traffic offender in Colorado, you will fall under the section of 42-2-206 of Colorado Revised Statutes. Such a designation might occur for you if you get convicted of at least three serious traffic offenses in a period of 7 years. You will then have your driving license revoked for at least 5 years. In case you have been convicted already of being a Habitual Traffic Offender, it is very important that you get in touch with a DUI  Defense Attorney Denver who can offer you efficient legal solutions for your specific case. A DUI legal expert in Denver, Colorado has got the necessary skill and experience in dealing with such cases and can provide you with the right kind of legal support that you need.

Things to know about HTO charges in Colorado

If you have been already convicted as HTO or habitual traffic offender and you are still found driving a motor vehicle even though you are under revocation, Colorado law will regard your case as one of Class 1 misdemeanor. In any case, you must know your rights and limitations if you are involved in a case like this. Some of the most important traffic offences that can get you a habitual traffic offender status are listed below.

• Driving Under the Influence or DUI
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• DUI per se
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• Driving While Ability Impaired or DWAI
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• DUI – Drugs
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• Reckless driving
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• Driving under suspension
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• Aggravated motor vehicle thefts
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• Vehicular assault
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• Driving under revocation
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• Vehicular manslaughter
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• Criminally negligent homicide
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• Vehicular homicide
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• Presenting with false information to the DMV
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• Hit and run cases that involve injury or death
• Additionally, you will also be regarded as habitual traffic offender under the following circumstances:  
• A minimum of 10 or more HTO convictions within a period of 5 years including moving violations that lead to DMV point assessment in Colorado of 4 and/or more points for every offence; or
• At least 18 or more HTO convictions in a period of 5 years including moving violations that leads to assessment of 3 or fewer points for each offence.

Penalties for Habitual Traffic Offenders in Colorado

If you are habitual traffic offender in Colorado, you can expect a lot of harsh penalties that can make life a lot difficult for you. Once convicted, the sentence can lead to huge monetary fines, mandatory jail time as well as revocation of your license as well as its automatic extension.

For instance, you may receive a jail sentence in Colorado that can last anywhere from 30 days to 18 months along with a fine up to $5,000. However, if you commit to perform public service anywhere from 40 hours to 300 hours, then the judge can decide to suspend your jail sentence and monetary fines. You may be charged with a case of aggravated driving as habitual offender if you commit an additional serious traffic offense from same incident like Driving Under the Influence or reckless driving. Such an act will be regarded as class 1 misdemeanor and will involve mandatory jail sentence for a period of minimum 60 days to maximum 18 months.

Fight your Habitual Traffic Offender case with a reputed defense attorney

There is no point contesting your case alone when you have been charged with a HTO case in Colorado. Make sure that you consult a DUI defense attorney Lakewood who can offer you reliable legal expertise and reduce your jail sentence and monetary fines.

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The Effect of Domestic Violence on a Divorce in Colorado

Divorce cases are typically difficult for both partners and can have a devastating effect both in terms of finances as well mental and emotional health. However, when there is domestic violence involved, it can have a more grim and serious effect for the involved parties. In many cases, domestic violence is the prime factor that led to the divorce. There can also be instances where domestic violence is merely a part of a longstanding unhealthy relationship that is damaging to the partners in many other ways. Most people are clear on the fact that domestic violence is against the law. However, they may not be aware of how domestic violence may impact the nature of their legal case. If you have been accused of domestic violence or you are a victim of domestic violence yourself, it is important that you get in touch with a domestic violence lawyer Lakewood who can offer you reliable counsel.

Important advice for the domestic violence victims

If you have experiencing domestic violence on a more or less regular basis, it is important that you distance yourself from the perpetrator of such violence and go to a distant place where you are safe. You need to consult a domestic violence lawyer who can help you by creating an order of protection which can prevent the family member or abuser from harming you or trying to contact you. The lawyer can also offer you counseling solutions if you are looking to get a divorce.

There are also a number of other things that you need to consider while getting a divorce in relation to domestic violence. These include child custody and division of property.

Child Custody

If it is established in the court that the divorce proceedings are party or fully influenced by domestic violence, it can greatly impact the determination of child custody in the court. The court always takes into consideration the best interests for the child. Even though usually in case of a divorce both parents can retain custody of the child and share parenting duties and responsibilities, this may vary according to the aspects of a specific case. If there is any domestic violence involved, the court is going to decide against that particular parent having any access to child custody. A convicted parent is never going to have child custody unless he or she can prove to the court that the child will not face any danger from him or her. This can be extremely difficult to achieve and parents who already have got criminal record associated with domestic violence should discuss with their lawyers about what can be done in such cases.

Division of property

Typically when it comes to the division of property in case of a divorce, the court in Colorado usually recommends that the division is carried out in an equal manner. However, multiple factors are needed to be considered here and they may vary from one case to another. Professional lawyers operating in Colorado for a long time may guide their clients in the best possible ways during such trying times.

Why hire a domestic violence lawyer in Colorado

A domestic violence lawyer Colorado who has already handled numerous such cases can provide you with the best guidance when you are looking to resolve the matter in the best possible manner. They can also investigate your case to see whether you or your partner is at fault. They may provide you with valuable instructions which can help you to stay composed and calm when your case is tried by the magistrate in the court of law.

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Can Domestic Violence in Colorado be Charged as a Federal Crime?

Domestic violence cases are quite common and they often result from heated arguments or impulsive, on the moment actions. In most cases, it is difficult to ascertain the exact nature of the case, because legal practitioners often have to deal with a lot of “he said, she said” testimony instead of sound evidence. That being said, once an accusation of domestic violence is lodged with the police or law enforcement agencies, it is not possible for the accuser to take back such an accusation and has to go ahead with the legal proceedings associated with it. If you have been accused of domestic violence by anyone, you should definitely get in touch with a domesticviolence lawyer Jefferson County professional who can take up your case and provide you with the legal support that you need.

How domestic violence normally work

As a person who is staying in Colorado, you must be aware of the legal ramifications of such cases in such cases. You should also keep in mind the ways in which domestic violence accusations may have federal ramifications. Colorado law has always been very definite and inflexible when it comes to the accused in a case of domestic violence. You must keep in mind that domestic violence cases do not work as standalone charges and may have connections with other types of felonies and misdemeanors which can impact the sentencing or the verdict of the judge. Some of these felonies and misdemeanors include third degree assaults, harassments, false imprisonments, menacing incidents or even violations of law that lead to a restraining order. Such cases may also be influenced by factors that lead to other ramifications. Due to such reasons, domestic violence cases are often regarded as sentence aggravators or enhancers.

Consequences of domestic violence accusation

Once you are accused of domestic violence, you will need to spend a night or a couple of hours in the jail as the police needs to arrest you if they think that there was an instance of domestic violence which happened during a confrontation. One of the main reasons why they are going to arrest you is to make sure that the confrontation does not take serious proportions and go out of hand. Until your bond is set by the judge, you are going to stay in the jail. Additionally, the domestic violence charge cannot be negated or dismissed by the prosecutor if he or she is unable to prove the validity of the accusation beyond a shred of doubt in the court of law.

The results of a domestic violence sentence

When you are found guilty of carrying out domestic violence, you will be sentenced for it. This will lead to the following consequences.

• You will need to get counseling and treatment for domestic violence;
• When convicted, a mandatory protection order is going to be issued which will state a period for which you need to limit all contacts with accuser as well as any other witness during the time for which the case is ongoing;
• The terms of probation is going to vary depending on the nature of the offense, the jurisdiction as well as other conditions and terms affecting the sentence;
• A domestic violence conviction can impact your rights as a parent and also affect your professional licensing opportunities. You may also find it very difficult to get a loan from a bank or a financial institution or face other difficulties.

Domestic violence convictions may also lead to some major federal provisions and restrictions impacting your rights to own a gun, finding government employment, getting security clearances, deportation or military service. To know more about this, make sure that you get in touch with a domestic violence lawyer Lakewood who can offer you detailed consultation.  

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Legal questions for domestic violence victims

Domestic violence is one of the major problems that our society faces on a day to day basis. In many cases, it is very difficult to maintain an exact statistical record of the total number of people falling victim to such abuses. The reason for this is that not everyone has the courage and motivation to come forward and report their turmoil and pain to the authorities. Leading domestic violence lawyer Aurora strongly encourages people to get in touch with a reputable legal expert when it comes to dealing with instances of abuse as this can eventually lead to critical states if not reported early.

In many cases, the difference between abuse and a simple disagreement between two individuals can be hard to pinpoint, which often makes it difficult for a person to realize that he or she is being abused. Things can become even more difficult when there is a child involved. In such cases, only a legal expert can recommend the best course of action for the victim.

Here are some common questions that are often asked in relation to domestic violence and its legal ramifications.

1. When should I look to obtain a restraining order during the divorce process?

It is always important to ensure personal and physical safety for the victims as the first priority. In many cases, getting the restraining order is the best course of action to ensure that the victim is protected from the harmful activities of the abuser. Numerous types of restraining orders are available and even though they may not always ensure a complete defense to all instances of future abuse, they still present the victims with substantial legal protection in case such an order is violated.

2. What forms of relationships can be classified under the term 'Domestic'?

In most cases, people associate domestic abuse with cases of spousal violence where a man may hit his wife. However, domestic violence may also occur in dating relationships or even among blood relatives who live under the same roof.

3. How can the accusation of domestic violence impact child custody?

Courts typically make decisions about child custody based on one simple standard, i.e. for protecting the child’s best interests. Being accused of domestic abuse can only make it difficult for a parent to have the custody of the child.

4. Can domestic violence impact child support?

In certain ways, the issue of child support is intimately connected to child custody. Parents and all legal guardians are supposed to provide for the children and it is considered to be their legal responsibility. The only exceptions can be made for cases where the children are adopted by some other person or the child has been emancipated. The responsibility of providing for the children does not simply cease to exist just because the abuser has lost custody.

5. When should you seek legal help for emotional abuse?

Plenty of people have this misconception that the scope of domestic violence laws essentially covers physical abuse. In other words, cases of abuse that lack any discernible evidence of physical injury or harm are not acknowledged by the law and the victims cannot get any help on such occasions. However, this cannot be farther away from the truth. If you feel that you are a victim of emotional abuse, you can certainly get in touch with a domestic violence lawyer Colorado to seek his/her her help and find out what the law can do for you. Emotional scars or pain can have a devastating toll on a person and can sometimes be even more damaging than physical abuse. There are now laws that can provide you with protection against instances of emotional abuse.  

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