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Administrative Determination

Administrative Determinations by the Division of Motor Vehicles (DMV)

Since driving a motor vehicle in Colorado is a administrative privilege rather than a constitutional right, modified civil rules of process apply to DMV hearings rather than criminal rules. Accordingly, the legal standard for determining whether a violation of the driving regulations occurred is by a “preponderance of the evidence.”

Point Assessments For Traffic Violations

This legal standard, which is used in most civil cases, means that if the evidence (e.g. police reports, testimony by a police officer, or statements by witnesses) shows by a “preponderance” (which means “more likely than not”) to have occurred, the DMV will rule that the violation occurred. Additionally, since criminal rules of evidence do not apply, evidence that normally would be prohibited (e.g. hearsay evidence) is allowed and will be considered by the DMV officer as part of the body of evidence in any driver’s license hearing.

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Colorado's DMV Point System
Driver''s License Point System
For each conviction of a traffic violation or driving charge, in accordance with the Drivers License Point System, the court notifies the Division of Motor Vehicles (DMV) of the conviction and a certain amount of points is assessed to your driver’s license....
Driver''s License Point System
Drivers License Restraints
Driver''s License Restraints
A person’s privilege to drive may be restrained (taken away or severely limited) for up to one year or more if the driver accumulates too many points, commits certain traffic violations or fails to adhere to the rules or requirements established by....
Driver''s License Restraints
Drivers License Reinstatement
Driver''s License Reinstatement
While you may be eligible for Drivers License Reinstatement after a certain period of suspension or revocation time has elapsed, reinstatement is not automatic and you must complete certain requirements in order to restore your driving...
Driver''s License Reinstatement
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