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Denver Criminal Defense Lawyer / Denver Habitual Traffic Offender Lawyer

Denver Habitual Traffic Offender Lawyer

Over 45,000 Americans die and 5.4 million people are injured each year in traffic collisions, creating an economic loss of $500 billion. In an effort to curb these losses here in Colorado, lawmakers in 2010 created the habitual traffic offender law. Individuals who have been designated as habitual traffic offenders face severe penalties if they are caught behind the wheel. If you were arrested for driving as a habitual traffic offender, you may be facing up to 18 months in jail. It is strongly recommended that you work with a Denver habitual traffic offender lawyer to minimize these penalties. Reid DeChant at DeChant Law can help you figure out your options.

If you’re facing charges as a habitual traffic offender in Colorado, the consequences can be severe. Under Colorado Revised Statute 42-2-206, habitual traffic offenders are individuals convicted of three major traffic offenses within a seven-year period. This designation carries a minimum five-year license revocation, mandatory jail time, and significant fines. As an experienced Denver habitual traffic offender attorney, we can help you navigate the complexities of your case and potentially reduce the penalties.

What is a Habitual Traffic Offender in Colorado?

In Colorado, you may be classified as a habitual traffic offender if you’re convicted of three major traffic offenses in a seven-year span. These are commonly referred to as three within seven earning a five year revocation. These include offenses like:

Additionally, if you accumulate 10 or more convictions for moving violations within five years (with four or more points per conviction) or 18 or more violations with three points or fewer, you could also be deemed a habitual traffic offender.

Being Labeled as a Habitual Traffic Offender

A Colorado driver who is convicted of three habitual traffic offender (HTO) infractions within a seven year period can be declared a habitual traffic offender. Infractions that fall under this category include:

  • DUI
  • DUI per se
  • DUI drugs
  • DWAI
  • Reckless driving
  • Driving with a suspended license
  • Driving with a revoked license
  • Providing false information to the DMV
  • Vehicular assault
  • Vehicular homicide
  • Vehicular manslaughter
  • Criminally negligent homicide
  • Aggravated motor vehicle theft
  • Hit and run causing injury
  • Hit and run causing death

Penalties for Driving After Revocation Prohibited (DARP) Convictions

Being charged as a habitual traffic offender, or driving after revocation prohibited, in Colorado can lead to serious consequences, including:

  • Mandatory Jail Time: Between 30 days and 18 months
  • Fines: Up to $5,000
  • License Revocation: Extended revocation of at least 1 year
  • Option for community service in lieu of jail

If you face aggravated driving after revocation prohibited charges, such as driving with a revoked license after being deemed a habitual traffic offender by the DMV and you were caught driving recklessly, eluding, or failing to report an accident, the penalties increase significantly. Aggravated habitual traffic offender charges can result in mandatory 60 days to 18 months in jail, with no option for community service in lieu of jail time.

Driving After Revocation Prohibited (DARP) Charges

If you continue to drive after being designated as a habitual traffic offender, you may face charges under Colorado CRS 42-2-206, commonly known as driving after revocation prohibited (DARP).

Potential Defenses for Habitual Traffic Offender Charges

An experienced habitual traffic offender defense attorney can explore several possible defenses to your charges, including:

  • Errors on your DMV record
  • Challenging the legality of the traffic stop
  • Proving you weren’t the driver
  • Demonstrating the absence of prior convictions or points

Our defense team is skilled at negotiating with prosecutors to reduce the length of your license revocation, minimize jail time, and help you avoid additional penalties.

Penalties For Driving as a Habitual Traffic Offender

The Department of Motor Vehicles strips habitual traffic offenders of the privilege to drive for five years, in addition to other penalties. Those who violate the habitual traffic offender law and drive during this time can be charged with a mandatory jail sentence of 30 days and a maximum sentence of 18 months. Fines can reach as high as $5,000. However, in some cases it may be possible to have this sentence suspended in lieu of completing 40 to 300 hours of community service. But if the incident in which you were caught driving as a habitual traffic offender involved another major moving violation, such as a DUI or hit and run, you can be charged with aggravated driving as a habitual offender. As a class 1 misdemeanor, the penalties for this conviction are severe: a mandatory minimum jail sentence of 60 days, with a maximum sentence of 18 months. And if convicted, this sentence cannot be suspended in lieu of community service.

Call a Denver Habitual Traffic Offender Lawyer Today for Legal Help

If you are being charged as a habitual traffic offender, or were recently pulled over for driving as a habitual traffic offender before your five year period of no driving was completed, you need to call an attorney as soon as possible. Not only are you facing jail time and heavy fines, but your vehicle can be seized—permanently. But you do have options for mounting a defense. The traffic stop may have been performed without probable cause, or the sobriety test for a DUI conviction may have been improperly conducted. Driving as a habitual traffic offender is a serious criminal offense that needs to be handled by an experienced Denver habitual traffic offender lawyer. Call Reid DeChant at DeChant law today at 303-409-7500 for a free consultation.