Actions That Lead to the Driving Privilege Suspension in Colorado

In every country all over the world, driving laws are made in order to help cars move safely through the streets. They are also made for maintaining order in the streets and for public safety. Hence it is of utmost importance that these laws are strictly followed by people who drive their cars on the streets. If you break any of these laws, then you could get your driver’s license revoked, suspended or cancelled.

So if you are intending to avoid such hassles, it is necessary for you to learn about the actions that can lead to your driver’s privileges being suspended. Every state in the USA has their very own regulations regarding this matter and the same can be said about Colorado.

Read on to find out more about driving law violations that can get your license revoked in Colorado.

Driving Under the Influence (DUI)

While it is true that the DUI laws and penalties does vary by greatly state, in general majority of the states will have your driver’s license suspended if they find you convicted of a DUI or DWAI charge.

The length of a license suspension frequently depends on the following factors:

• The blood alcohol content (BAC) level
• The age of the individual
•  Whether there was any accident involving injury
• Whether there was any accident involving death
• Whether the individual is a repeat offender  

The majority of the states make it compulsory for the drivers under the age of 21 years to follow stricter DUI rules. This is frequently referred to in the legal circles as Zero Tolerance. For this reason, even the slightest hint of alcohol on the driver’s breath can lead to automatic conviction along with the subsequent license suspension.

Numerous states will also automatically suspend the driver’s license if he or she refuses to consent for a breath test. The rule applies to all the drivers regardless of their age. 

Specific forms of traffic ticket violations that can lead to suspension of a driver’s license 

In the majority of the situations, a person can face a suspended driver’s license if he or she is convicted for the following types of traffic violations: 

•  Unattended child in running vehicle; 
•  Driving without proper car insurance;   
• Eluding a traffic officer or a police officer;  
• Recklessly driving a small or a large vehicle;     
• Vehicular assault, manslaughter, or homicide; 
• Committing a felony that involves a motor vehicle
•  Reckless endangerment in a zone of road construction
•  Leaving the actual scene of the accident involving you that lead to a death, an injury or property damage in some way

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Having too many numbers of DMV points in your account can lead to driver’s license suspension or revoking 

Numerous states in the USA make use of a point system to measure and keep a track of traffic violations committed by a single person. If an individual acquires too many numbers of points, then eventually his or her driver’s license can get suspended or revoked. The exact number of points associated with specific types of traffic violations differ greatly from one state to another, and Colorado has also got its own table of points for such violations. The license suspension point also varies from one state to another and has a specific number for the state of Colorado.

Having too many number of traffic tickets in your account can lead to driver’s license suspension or revoking 

If you manage to have too many number of traffic tickets in your record, then you are red-flagged by the law as a habitual offender. Getting too many numbers of speeding tickets within a particular duration may eventually lead to the loss of your driving privileges. This system is widely prevalent in states that do not have a DMV point system. To know more about this system, you can consult a speeding ticket lawyer in Colorado who regularly deals with such cases.

Non-Driving Violations

Some states may also issue a revoke of one’s driver’s license for violations that are unrelated to driving. This may include failing to pay the child support or even getting convicted by the law for stealing the motor fuel. This particularly applies to teen drivers. 

The importance of a lawyer in cases related to suspension of a driver’s license

License revoke or suspension can be a matter of great harassment for a person. If your driver’s license has been recently suspended for some reason, then you need reliable legal counsel to deal with such a situation. A professional lawyer who is experienced in handling license revocation cases can help you in this regard. It is impossible for you as a layman to understand the various aspects of law that pertain to license suspension, and a lawyer can help you to get back your license in the earliest possible time.

 

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How Criminal Charges Affects Employment & How Sealing of Record is Helpful?

If you are someone who is looking for a job, then having criminal charges can make it very difficult for you to secure employment successfully. You might say that your criminal life was a thing of the past; that you have officially completed your sentence, did your jail time and paid your debts, but still it might be a tad problematic for you to convince to your prospective employer that you will be good at your service. Hence it is important for you to know how your potential employer might find out about your criminal past, how can such records prevent you from securing jobs and in what ways you can increase your chances of getting employment.

A good way to make sure that your prospective employers do not know about your criminal past is to apply for sealing of record. This is a highly complicated and detailed process; one that will allow all of your past records to be sealed or expunged. Once it is done so, they will be regarded as practically non-existent for general uses. Here are some of the things that you need to know about criminal records and the whole process of sealing them.

The accessibility of criminal records in general

In some states of USA, the criminal records are not accessible to the public which means that access to information of this kind is restricted for the general population except in certain special circumstances. However, the convictions are held as public records. With the advent of the internet, it is now possible for an employer to find out about the possible criminal allegations of employees and applicants simply by browsing the online resources. A data search can reveal an arrest record but it cannot disclose the outcome; i.e. whether the person was released without charge, sent to some diversion program, convicted or acquitted. The arrests that don’t end up as formal charges are handled differently than convictions and the arrests pending trial.

Convictions

A conviction is basically a plea, a verdict, or a judgment of guilt irrespective of the fact that whether the individual charged is sentenced or not. They may also include “no contest” pleas or nolo contendere. Most employers tend to look into the employee’s or applicant's convictions. The conviction records are the most easily and legally accessible information available to employers who are researching an employee’s or applicant's criminal history. They can be easily found in the data base searches. Some laws may restrict the level of reliance an employer may have on convictions for finalizing employment decisions. For example, in California, only convictions within 7 years before the actual employment application can be taken into consideration. 

Arrests

The arrest records are mainly records of arrests and detentions that do not lead to a conviction or a guilty plea. The employer questions regarding arrests are seen as discriminatory under the federal guidelines and so they can be barred in several states.

Arrests pending trial

An employer can enquire if the applicant or the employee has been previously arrested pending trial, and use information about such an arrest pending trial while making employment decisions. This is something that is practiced in many states. The reason for this is that an arrest may still lead to a conviction.

Expunged records

With appropriate court order, a criminal conviction can be completely expunged from an individual person’s record. Once a conviction is expunged, it is treated as if it had never existed. As a result, majority of the states prohibit the employers from denying a person employment or firing him/her based on any expunged convictions.

Expungement of criminal records cannot simply happen on their own; the convicted person in question needs to apply for such to an appropriate court. Legally, an employer cannot deny someone employment based on expunged records. However, if you think that your prospective employer is deny you the job because of your criminal past, you may have a hard time actually proving it. It is therefore always advisable that you ask for documentations regarding any kind of background checks, consumer credit reports or investigative reports that your prospective employer may have on you. You should also keep a close watch to notice if your employer is prohibiting any information about you.    

If you want to know more about how your pending criminal charges may affect your employment opportunities or need help with the sealing or expunging of your records, then you should get in touch with a professional criminal lawyer in Colorado who has adequate experience in such matters. A lawyer with several years of experience in expungement can guide you in every step of the way to make sure that your records are sealed completely and that your chances of getting a job is increased in the process.   

 

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Explain In Detail - Minor in Possession of Alcohol Charges and Penalties

As per laws in Colorado, people under the age of 21 are not permitted to either have alcohol with them or even drink it. The minor in possession (MIP) laws have been created so as to stop underage drinking. In case a 21-year old is found in possession of alcohol, or if he or she has alcohol in his or her body or in his or her vicinity, then the officers can ask that person to take a breath control test in order to determine if he or she had alcohol or not.


Drinking and Possession of Alcohol

In case people are found violating the above mentioned law, then they will be subject to punishment to the extent mentioned by the laws in Colorado. These minor in possession Colorado laws are rather strict. In case of the first conviction the concerned person will need to pay a maximum fine of 250 dollars and his or her driver’s license will be suspended for a period of 3 months. In case of the second conviction the fine will be doubled to 500 dollars at the most, as will be the period till which the driver’s license stays suspended – 6 months. The third or next convictions will see the person leveled with Class 2 misdemeanor offense charges. 

This time the fine will be 1000 dollars at the most and the person will be sentenced to a year in jail. The driver’s license will be suspended for a year as well. This is how the minor in possession law works in Colorado. There are some additional punishments in such convictions as well. The judge can ask the concerned person to undertake 24 hours in community service. He or she can also be asked to take an alcohol evaluation test. He or she may have to take part in an alcohol treatment program or education course. They need to pay for the program from their own pocket. He or she may also have to pay 25 dollars as penalty surcharge. This money will be added to the adolescent substance abuse prevention and treatment fund. 

Minor in Possession of Marijuana

In case a minor is found in possession of marijuana or with marijuana in his or her body then he or she will be charged with marijuana MIP. Conviction in such cases could seriously affect one’s eligibility for important financial assistance such as Federal Student Financial Aid.

Evidence in MIP Cases

As per laws in Colorado if an officer suspects that a minor has consumed alcohol or marijuana or is in possession of the same then he or she can ask the minor for a breath test. The officer may also ask for such tests if he or she thinks that the minor is showing characteristics of being in such a state. As per laws the minor may also refuse to take the test. 

Selling or Providing Alcohol to Minors

In Colorado it is also against the law to sell alcohol to minors, or even serve or provide it to them. Doing such an act will be regarded as a Class 2 misdemeanor offence. The concerned person could be incarcerated to anywhere between 3 months and a year in jail. They may also need to pay a fine between 250 and 1000 dollars. 

Civil Liability for Social Hosts

As any experienced criminal defense attorney in Colorado would attest any civilian who willingly serves alcohol to anyone else under 21 years of age, and if the minor causes property damage or harms or kills anyone in the inebriated state then he or she tool will be held responsible for that crime. 

Taking Care of MIP Cases in Court

In most cases the result of an MIP case depends on previous instances of possession and subsequent conviction. The circumstances of the present case are important as well. Experienced lawyers such as Steven J Pisani can help the minors, as well as their guardians, with all the information that they may need in the court along with the results of an MIP conviction. MIP can affect an individual adversely in many important walks of life such as employment, eligibility to drive, and schooling. 

Defense Against MIP laws 

There are several ways in which a minor can defend successfully in an MIP case. If the minor consumed or possessed alcohol or marijuana while he or she was legally on the private property of someone else with his or her knowledge and consent, and if the act was known and permitted by the parents or legal guardian of the minor, then it will not be an MIP offence. Secondly, the same would apply if the alcohol in the minor’s body had alcohol that came from ingesting a substance not meant for such purposes or any confectionery it can be considered to be a defence. Thirdly, if the alcohol was consumed or possessed for religious reasons as mentioned in the first amendment to the United States Constitution, it may not be adjudged an MIP case.  

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