Fighting Habitual Traffic Offender Designation
If you are considered a habitual traffic offender under Colorado law, you face some of the most severe penalties possible. Under CRS 42-2-206, if you have been caught driving as a habitual traffic offender you may face up to 18 months in jail. Sometimes this crime is called DARP or driving after revocation prohibited. Given the severity of this type of charge the threat of a jail sentence is not to be taken lightly.
When faced with an HTO charge you have to fight two different battles. Your first fight is at the DMV where it will try to suspend your driver’s license for an additional five years! With the assistance of an experienced and trained Arapahoe, Denver, or Jefferson County traffic attorney from Shazam Kianpour & Associates you may be able to get your license back years earlier from the DMV, under certain circumstances, than originally thought.
Your second fight will be in the traffic and criminal courts in Douglas, Adams, Boulder County, or wherever you were charged. When fighting a habitual traffic offender charge in Colorado traffic courts, your experienced criminal lawyer from Shazam Kianpour & Associates will intelligently and aggressively fight to secure your freedom.
We are the Colorado traffic attorneys who have “been there, fought that, and won it” and we use the full breadth of our knowledge of all the counties and courts that we have fought in (Denver, Adams County, Arapahoe County, Jefferson County, etc.) in order to obtain the best possible result for you. We care about your family, your future, and your rights, because we see how the legal system railroads honest folk who have just made a few simple mistakes like everyone else.
This doesn’t make you a bad person, and we get that. And we will make sure the guy across the courtroom who is trying to put you in jail gets it too. Contact Shazam Kianpour & Associates today for your free consultation. Call us at 303-578-4036. Your defense begins here!
How do you become a habitual traffic offender in Colorado and what does habitual traffic offender strike mean?
Some offenses that may seem minor are actually considered habitual traffic offenses by the state; these include Reckless driving, drunk driving, DWAI, failure to stay at the scene of an accident, and failure to report an accident, which are also considered part of a hit and run.
Generally speaking, in Colorado you may be declared a habitual traffic offender (HTO) if you accumulate three HTO “strikes” within a seven-year period. That means you have to be found guilty three separate times under certain traffic crimes in Colorado. Under CRS 42-2-202 these strikes include,
- DUI, DUI per se, or DWAI
- Reckless driving
- Vehicular assault
- Vehicular homicide
- Manslaughter — or criminally negligent homicide – which results from the operation of a motor vehicle
- Aggravated motor vehicle theft
- 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
If you get three or more of these convictions within a seven-year period, the Colorado DMV will revoke your driving privilege for five years in addition to any existing restraints. And you have to be very careful. If you are caught driving after being declared HTO, you may be charged with driving after revocation prohibited and subjected to harsh penalties, including serious amount of jail time.
But I HAVE to drive my family and job depends on it. So what do I do if I am HTO?
We know how to fight habitual traffic offender status. In some cases, even though our clients had their license suspended for five years, we found a loophole to get them driving again before the five years were up.
You can become a habitual offender even if you have a clear record for almost seven years. How? If you had two convictions five, six or even close to seven years ago, a conviction now can result in habitual offender status, a five-year license revocation, and almost certainly a minimum of six months in jail.
Habitual Traffic Offender and DUI Can Become a Felony! Call Us Today!
These traffic charges must be taken seriously since a conviction carries such serious penalties and may result in future consequences. If you are arrested for driving under the influence (DUI) or DWAI while considered to be HTO, you will be charged with a class six felony (F6) and can face potential prison time.
This is why we say when you need us, we are there for you. If you find yourself on the verge of being declared HTO or if the DMV has already initiated putting revocation of your Colorado driver’s license, contact your attorney at Shazam Kianpour & Associates immediately. Come in and sit down for your free consultation. Let us show you the ropes, the tricks, and the law. We promise you will not leave empty handed. Email or call us today. We are the beginning of the solution to your traffic case at 303-578-4036!