Denver Colorado Habitual Traffic Offender

Under Colorado's habitual traffic offender statutes, if you receive three major traffic violations within a seven-year period of time, you could face Habitual Traffic Offender (HTO) charges and up to 18 months in jail. If you get a DUI while considered to be HTO, you are charged with a Class 6 Felony and face prison time. The possibility of felony charges, combined with the easy access to criminal records prospective employers, landlords, banks, and insurance companies have through the Internet, makes hiring an attorney a necessity.

42-2-202 - Habitual offenders - frequency and type of violations.

(1) An habitual offender is any person, resident or nonresident, who has accumulated convictions for separate and distinct offenses described in subsection (2) of this section committed during a seven-year period or committed during a five-year period for separate and distinct offenses described in subsection (3) of this section; except that, where more than one included offense is committed within a one-day period, such multiple offenses shall be treated for the purposes of this part 2 as one offense. The record as maintained in the office of the department shall be considered prima facie evidence of the said convictions.

(2) (a) An habitual offender is a person having three or more convictions of any of the following separate and distinct offenses arising out of separate acts committed within a period of seven years:

(I) Driving a motor vehicle in violation of any provision of section 42-4-1301 (1) or (2) (a);

(II) Driving a motor vehicle in a reckless manner, in violation of section 42-4-1401;

(III) Driving a motor vehicle upon a highway while such person's license or privilege to drive a motor vehicle has been denied, suspended, or revoked, in violation of section 42-2-138;

(IV) Knowingly making any false affidavit or swearing or affirming falsely to any matter or thing required by the motor vehicle laws or as to information required in the administration of such laws;

(V) Vehicular assault or vehicular homicide, or manslaughter or criminally negligent homicide which results from the operation of a motor vehicle, or aggravated motor vehicle theft, as such offenses are described in title 18, C.R.S.;

(VI) Conviction of the driver of a motor vehicle involved in any accident involving death or personal injuries for failure to perform the duties required of such person under section 42-4-1601.