mousears77
Junior Member
What is the name of your state (only U.S. law)? State of Colorado. Received a letter Jan 6, 2018 from the DMV for a phone hearing to suspend my license for being over points. My MVR has never shown me to be over points. I had a DWAI Feb 17, 2016 which gave me 8 point but it took a year to go to court, not Trial, just court. Had 2 Public Defenders who just kept NOT defending me and getting facts wrong and had to fire the first one and the second one was just as bad. The second one was insistent that I was driving with an invalid or suspended license and had me pull my MVR and there was no DWAI on it and I had some tickets, nothing bad, speeding for 1 point, a careless for 2 points from a hit and run (someone hit me) and left and I tried to move off the road and my tire blew and I hit a fence, following too closely for 4.
The DWAI was closed and it was 8 points as of Feb 13, 2017 and it took until Nov, 2017 for it to show on my MVR and during that time, most of all of the other tickets/points had fallen off. I had renewed my driver's license, my plates and my insurance twice and got my MVR 4 times. I thought it was over until I just got this letter and the DWAI just barely got on there and the points for it will fall off in about 4 weeks so it barely gets on there and will be falling off and leave me with 1 point and then in 4 months I will have 0 points. In the meantime, I have a hearing this Thursday and will be getting my license suspended because it took so long to get to the DMV. Odd thing also is my original ticket was for a DUI and it says 12 points. At that time they did not revoke my license even though the ticket says 12 points and they had the express consent since they took blood. So that also baffles me.
A ticket, even if it was a summons that says 12 points would automatically revoke my license would it not since they put the number of points on it??? I was not put in jail, I was released after given the ticket to my mother to go home after being at the station for an hour. I know they did not know the results but they did put the charge on the ticket, they did not check the box for penalty assessment, just summons and wrote it for a DUI/DUID and assessed 12 points on the ticket. Shouldn't they have taken my license at that point since they already had my Driving Record and number of points and 12 automatically revokes it and so does a DUI. That part I also do not understand. I'm glad they didn't but don't understand.
I will need to see if I can get a provisional license as I am the sole provider for my children and need to get them to and from school, counseling, doctor, store, counseling for myself, my dr. appointments and their dad lives 4 hours away and in the service and I have no friends or other family to help. I am just so confused and it's so wrong that it took that long and it never even was on my Driving Record the whole time until it's about to come off. I also was finding conflicting information that states in some places it goes from the conviction date for a DWAI and that's when the points "date" starts and then looks back from that date and go back from there for the 12 month and 24 month time period.
I don't know which one is correct. If it's that, I definately am and never was over. If it's the other way, I was over by 2 points for 3 weeks. I have not received any tickets in the last 2 years, and have never had any other DWAIs, and this one was not alcohol related and my court doc states a BAC of 0 as it was a prescription medication. I am disabled and the officer's mistook my disability for being under the influence. Either way, the whole thing is a mess. I don't know which is the correct answer, do they count the points on the violation date and then go back 12 and 24 months back from there or is it with a DWAI from the convication date and go from there? I found while searching under the statute on the Hearing letter I received which are cited at the bottom... The statute on the letter is CRS 42-2-127...It's just so sad as in 3 weeks, I will have just 1 point.....
It shouldn't take so long to get to the DMV. If we don't get our tickets paid in time, we get penalized. It just doesn't seem right and I have been watching my MVR and it never showed ever that I was over points. I never would have known had I not received that letter 2 years later. Can anyone help answer which way is correct as far as the violation date or conviction date when referring to the statute that is on the letter and the citations they refer to below??? Also, how to handle this for my hearing, which is over the phone, and if anyone has been in a similar situation and an idea of how long I may be suspended for and how it may affect my insurance? I'm supposed to renew my insurance April 26th, and they already have the DWAI on there and barely raised my rate $20 last October. I don't need an SR-22 or interlock etc. as it's not being suspended or revoked due to the DWAI. Just points.
The department is authorized to suspend
the driver's license of any person who has
been "convicted" of traffic violations result-
ing in the accumulation of excessive points,
but points cannot be assessed until after "con-
viction" for such traffic violations. Jackson v.
Dept of Rev., 791 P.2d 1206 (Colo. App. 1990).
and I found this...
The date of conviction is the decisive date
from which the accumulated points are to be
counted. Markham v. Theobald, 152 Colo. 540,
383 P.2d 791 (1963).
Tickets in Order
4-21-15 4 pts Violation Date (Fell off 4-21-17) Conviction Date 5-15-2015
9-25-15 2 pts Violation Date (Fell off 9-25-17) Conviction Date 10-8-2015 but was an accident so goes by violation date, hit n run, i got hit but then hit a fence cuz tire blew
2-17-16 8 pts Violation Date, Conviction Date 2-13-2017 ( NEVER SHOWN ON MVR UNTIL OCT/NOV 2017) but I didn't see it until 1-8-2018 after receiving the letter and insurance renewed and never said anything as I even added more coverage) (Falls off 2-17-18)
4-26-16 1 pt Violation Date (Falls off 4-26-18) Conviction Date 8-19-2016
Currently I have 9 points......according to MVR 1-8-2018
Can have 11 in 12 months if hit 12 get suspended
17 in 24 months, if hit 18 get suspended
I know this is long but I hope you can help me so I know what I'm dealing with for my hearing and what I should and should not say. I know I need to be extremely respectful and I definately need a provisional license and it will just be a few weeks and I will have just 1 point. I have no one else to get my children to school and I don't want to blow this but I'm lost in this process and need help to understand it. The internet is giving so many different responses and I cannot get any attorneys to call me back at all. I've called over 20 and posted on at least 17 sites with no responses. Both long and short descriptions. Please help.
The DWAI was closed and it was 8 points as of Feb 13, 2017 and it took until Nov, 2017 for it to show on my MVR and during that time, most of all of the other tickets/points had fallen off. I had renewed my driver's license, my plates and my insurance twice and got my MVR 4 times. I thought it was over until I just got this letter and the DWAI just barely got on there and the points for it will fall off in about 4 weeks so it barely gets on there and will be falling off and leave me with 1 point and then in 4 months I will have 0 points. In the meantime, I have a hearing this Thursday and will be getting my license suspended because it took so long to get to the DMV. Odd thing also is my original ticket was for a DUI and it says 12 points. At that time they did not revoke my license even though the ticket says 12 points and they had the express consent since they took blood. So that also baffles me.
A ticket, even if it was a summons that says 12 points would automatically revoke my license would it not since they put the number of points on it??? I was not put in jail, I was released after given the ticket to my mother to go home after being at the station for an hour. I know they did not know the results but they did put the charge on the ticket, they did not check the box for penalty assessment, just summons and wrote it for a DUI/DUID and assessed 12 points on the ticket. Shouldn't they have taken my license at that point since they already had my Driving Record and number of points and 12 automatically revokes it and so does a DUI. That part I also do not understand. I'm glad they didn't but don't understand.
I will need to see if I can get a provisional license as I am the sole provider for my children and need to get them to and from school, counseling, doctor, store, counseling for myself, my dr. appointments and their dad lives 4 hours away and in the service and I have no friends or other family to help. I am just so confused and it's so wrong that it took that long and it never even was on my Driving Record the whole time until it's about to come off. I also was finding conflicting information that states in some places it goes from the conviction date for a DWAI and that's when the points "date" starts and then looks back from that date and go back from there for the 12 month and 24 month time period.
I don't know which one is correct. If it's that, I definately am and never was over. If it's the other way, I was over by 2 points for 3 weeks. I have not received any tickets in the last 2 years, and have never had any other DWAIs, and this one was not alcohol related and my court doc states a BAC of 0 as it was a prescription medication. I am disabled and the officer's mistook my disability for being under the influence. Either way, the whole thing is a mess. I don't know which is the correct answer, do they count the points on the violation date and then go back 12 and 24 months back from there or is it with a DWAI from the convication date and go from there? I found while searching under the statute on the Hearing letter I received which are cited at the bottom... The statute on the letter is CRS 42-2-127...It's just so sad as in 3 weeks, I will have just 1 point.....
It shouldn't take so long to get to the DMV. If we don't get our tickets paid in time, we get penalized. It just doesn't seem right and I have been watching my MVR and it never showed ever that I was over points. I never would have known had I not received that letter 2 years later. Can anyone help answer which way is correct as far as the violation date or conviction date when referring to the statute that is on the letter and the citations they refer to below??? Also, how to handle this for my hearing, which is over the phone, and if anyone has been in a similar situation and an idea of how long I may be suspended for and how it may affect my insurance? I'm supposed to renew my insurance April 26th, and they already have the DWAI on there and barely raised my rate $20 last October. I don't need an SR-22 or interlock etc. as it's not being suspended or revoked due to the DWAI. Just points.
The department is authorized to suspend
the driver's license of any person who has
been "convicted" of traffic violations result-
ing in the accumulation of excessive points,
but points cannot be assessed until after "con-
viction" for such traffic violations. Jackson v.
Dept of Rev., 791 P.2d 1206 (Colo. App. 1990).
and I found this...
The date of conviction is the decisive date
from which the accumulated points are to be
counted. Markham v. Theobald, 152 Colo. 540,
383 P.2d 791 (1963).
Tickets in Order
4-21-15 4 pts Violation Date (Fell off 4-21-17) Conviction Date 5-15-2015
9-25-15 2 pts Violation Date (Fell off 9-25-17) Conviction Date 10-8-2015 but was an accident so goes by violation date, hit n run, i got hit but then hit a fence cuz tire blew
2-17-16 8 pts Violation Date, Conviction Date 2-13-2017 ( NEVER SHOWN ON MVR UNTIL OCT/NOV 2017) but I didn't see it until 1-8-2018 after receiving the letter and insurance renewed and never said anything as I even added more coverage) (Falls off 2-17-18)
4-26-16 1 pt Violation Date (Falls off 4-26-18) Conviction Date 8-19-2016
Currently I have 9 points......according to MVR 1-8-2018
Can have 11 in 12 months if hit 12 get suspended
17 in 24 months, if hit 18 get suspended
I know this is long but I hope you can help me so I know what I'm dealing with for my hearing and what I should and should not say. I know I need to be extremely respectful and I definately need a provisional license and it will just be a few weeks and I will have just 1 point. I have no one else to get my children to school and I don't want to blow this but I'm lost in this process and need help to understand it. The internet is giving so many different responses and I cannot get any attorneys to call me back at all. I've called over 20 and posted on at least 17 sites with no responses. Both long and short descriptions. Please help.
