1 Colo. Code Regs. § 211-3-3

Current through Register Vol. 47, No. 13, July 10, 2024

Rule 1 CCR 211-3-3 - AGGRAVATING AND MITIGATING FACTORS

Basis and Purpose: This Rule is promulgated pursuant to §§ 24-1-107, 24-1-117, 24-35-103, 42-1-102(24), 42-1-201, 42-1-204, 42-2-126(3)(b), 42-2-127, and 42-2-127.9, C.R.S. The purpose of this rule is to establish aggravating and mitigating factors that a Hearing Officer will consider when determining the duration of Restraint or whether a PDL will be granted.

A. Aggravating Factors:

1. The Hearing Officer shall consider the following as aggravating factors.

a. Any collision involving death or bodily injury to another where the Respondent is determined to be at fault on the basis of a conviction, accident report or other evidence presented at hearing;

b. Any conviction for a violation that carries a point assessment of six or more points prior to any point reductions authorized for prompt payment;

c. Any conviction for an offense specifically designated by the habitual offenders law, § 42-2-202, C.R.S., et seq.;

d. Carelessness as shown by the Driver Record and/or information gathered at hearing;

e. Repeated or willful disregard for the law or public safety as shown by the Driver Record and/or information gathered at hearing;

f. Conviction for any driving violation involving alcohol or drugs;

g. A prior driver's license Restraint with an end date within seven (7) years of the hearing date;

h. A prior issuance of a PDL within seven (7) years of the hearing date;

i. Respondent's degree of truthfulness and candor at the hearing;

j. Any evidence of a violation of the terms and/or conditions of any previously issued PDL;

k. One or more traffic collisions where the Respondent was found to be at fault;

l. Any evidence of failing to be an insured driver at any time Respondent was operating a motor vehicle; and

m. Respondent's demonstrated failure to accept responsibility and/or understanding of a need to change driving behavior.

B. Mitigating Factors

1. The Hearing Officer shall consider the following as mitigating factors. The Hearing Officer shall have sole discretion in determining the weight to be given any mitigating factor:

a. Respondent's demonstrated efforts to correct behavior that led to the Restraint under consideration;

b. Any errors by the Department that have adversely affected the Respondent's driving privileges;

c. Time without driving already served under any currently active Restraint if Restraints were caused by the same event(s);

d. Lack of traffic violations committed subsequent to the time frame under consideration;

e. In cases where there is evidence that Respondent has an alcohol or substance abuse problem, evidence demonstrating such problem is under control;

f. Respondent's completion of a safe driving course prior to the date of the hearing;

g. Respondent's demonstrated acceptance of responsibility and understanding of a need to change driving behavior;

h. Respondent's truthfulness or candor at the hearing, as determined by the Hearing Officer; and

i. Any factors the Respondent establishes that mitigate the severity of the record.

1 CCR 211-3-3

46 CR 20, October 25, 2023, effective 11/29/2023

47 CR 07, April 10, 2024, effective 5/1/2024