§ 42-2-124 — When court to report convictions

Colorado § 42-2-124

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Drivers' Licenses

Text

(1) (a) Except as otherwise
provided, whenever any person is convicted of any offense for which this article
makes mandatory the revocation or suspension of the driver's or minor driver's
license of such person by the department, the court in which such conviction is had
shall require the offender to immediately surrender such driver's or minor driver's
license or any instruction permit to the court at the time of conviction, and the court
shall, not later than ten days after such conviction, forward the license to the
department, together with a record of such conviction on the form prescribed by
the department. Any person who does not immediately surrender such person's
license or permit to the court commits a class 2 misdemeanor traffic offense,
unless such person swears or affirms under oath administered by the court and
subject to the penalties of perjury that the license or permit has been lost,
destroyed, or is not in said person's immediate possession. Any person who swears
or affirms that the license or permit is not in the immediate possession of said
person shall surrender said license or permit to the court within five days of the
sworn or affirmed statement, and if not surrendered within such time, said person
commits a class 2 misdemeanor traffic offense.

(b) Whenever the driver's history of any person shows that such driver is
required to maintain financial responsibility for the future and is unable to show to
the court that the driver is maintaining the required financial responsibility for the
future, the court shall require the immediate surrender to it of the driver's, minor
driver's, or temporary driver's license or any instruction permit held by such person,
and the court, within forty-eight hours after receiving the license, shall forward the
license to the department with the form prescribed by the department.

(2) Every court having jurisdiction over offenses committed under this article
or any other law of this state regulating the operation of motor vehicles on
highways and every military authority having jurisdiction over offenses
substantially the same as those set forth in section 42-2-127 (5) which occur on a
federal military installation in this state shall forward to the department a record of
the conviction of any person in said court or by said authority for a violation of any
said laws not later than ten days after the day of sentencing for such conviction and
may recommend the suspension or retention of the driver's, minor driver's, or
temporary driver's license or any instruction permit of the person so convicted.

(3) For the purposes of this section, the term convicted or conviction
means a sentence imposed following a plea of guilty or nolo contendere, a verdict
of guilty by the court or a jury, or an adjudication of a delinquency under title 19,
C.R.S. The payment of a penalty assessment under the provisions of section 42-4-1701 shall also be considered a conviction if the summons states clearly the points
to be assessed for that offense. Whenever suspension or revocation of a license is
authorized or required for conviction of any offense under state law, a final finding
of guilty of a violation of a municipal ordinance governing a substantially equivalent
offense in a city, town, or city and county shall, for purposes of such suspension or
revocation, be deemed and treated as a conviction of the corresponding offense
under state law. A stay of sentence, pending appeal, shall not deprive the
department of the authority to suspend, revoke, or deny a driver's or minor driver's
license pending any final determination of a conviction on appeal.

(4) An expungement of an adjudication of delinquency shall not result in a
rescission of the revocation or suspension of the driving privilege unless said
expungement is a result of a reversal of the adjudication on appeal.

Legislative History

Source: L. 94: Entire title amended with relocations, p. 2131, � 1, effective January 1, 1995. L. 97: (4) amended, p. 1538, � 6, effective July 1. L. 98: (4) amended, p. 1436, � 7, effective July 1. L. 2000: (1), (2), and (3) amended, p. 1352, � 23, effective July 1, 2001. L. 2002: (1)(a) and (4) amended, p. 1585, � 17, effective July 1. L. 2004: (4) amended, p. 1131, � 4, effective July 1. L. 2005: (3) and (4) amended, p. 646, � 14, effective May 27.