(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.
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.
Editor's note: This section is similar to former § 42-2-121 as it existed prior to 1994, and the former § 42-2-124 was relocated to § 42-2-132.
Cross references: For collateral attacks of traffic convictions, see §§ 42-4-1702 and 42- 4-1708.
Notes of Decisions
Fuhrer v. Dep't of Motor Vehs., 592 P.2d 402 (Colo. 1979).
· cites it 14× “1973, was repealed by implication by the subsequent passage of section 42-2-124, C.R.S. 1973; second, that the Habitual Offenders Act violates the equal protection clause of the Fourteenth Amendment to the United States Constitution; third, that the Habitual Offenders Act does…”
People v. Lessar, 629 P.2d 577 (Colo. 1981).
· cites it 6× “Before a person against whom an order of denial has been entered is entitled to operate a motor vehicle, he must reapply for a new license at the end of the period of denial, pay the restoration fee required by section 42-2-124(3), C.R.S.1973 (1980 Supp.”
People v. McKnight, 617 P.2d 1178 (Colo. 1980).
· cites it 3× “2 At the same hearing at which his license was revoked, McKnight’s privilege to operate a motor vehicle was suspended for one year pursuant to section 42-2-124, C.R.S. 1973 (1979 Supp.”
Colorado Dep't of Revenue, Motor Veh. Div. v. Brakhage, 735 P.2d 195 (Colo. 1987).
· cites it 15× “These requirements find statutory authorization in section 42-2-124(1), 17 C.R.S. (1984), which provides in relevant part: The department shall not suspend a driver’s license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except .”
Colorado Dep't of Revenue, Motor Veh. Div. v. Smith, 640 P.2d 1143 (Colo. 1982).
· cites it 6× “” Although the suspension of a driver’s license or privilege is normally not to exceed one year as set forth in section 42-2-124(1), C.R.S. 1973, subsection (3) of the same statute makes it clear that suspension will continue indefinitely unless the required restoration fee is…”
Jolly v. People, 742 P.2d 891 (Colo. 1987).
· cites it 2× “” The order of revocation was still in effect on September 30,1983, the date of the offense in question, because the defendant had failed to pay the statutory fee for restoration of his driving privilege in accordance with section 42-2-124(3), 17 C.R.S. (1984), and had failed to…”
Lopez v. Motor Veh. Div., Dept. of Revenue, 538 P.2d 446 (Colo. 1975).
· cites it 3× “…C.R.S. 1973. 6 Now section 42-4-1510(2), C.R.S. 1973. 7 Now section 42-2-123(6)(b), C.R.S. .1973. 8 Now section 42-2-124(1), C.R.S. 1973.”
Hedstrom v. Motor Veh. Div., Dep't of Revenue, 662 P.2d 173 (Colo. 1983).
· cites it 3× “5 See section 42-2-124, C.R.S.1973. Hedstrom filed a petition for review of the department’s revocation and suspension orders in the Jefferson County district court.”
Conway v. Colorado Dep't of Revenue, Motor Veh. Div., 653 P.2d 411 (Colo. Ct. App. 1982).
· cites it 4× “On May 19, 1981, the Department conducted a hearing and extended Conway’s suspension to February 24, 1982. Although the record at the hearing did not indicate the length of the suspension imposed by the Department in 1978, it is undisputed that Conway has not paid the…”
Zucchini v. Colorado Dep't of Revenue, Motor Veh. Div., 620 P.2d 247 (Colo. Ct. App. 1980).
· cites it 8× “As pertains to this appeal, § 42-2-124, C.R.S.1973 (1979 Cum.Supp.) provides that the period of suspension will not exceed one year except for noncompliance with § 42-2-124(3) or § 42-7-406, C.”
— Colo. Rev. Stat. § 42-2-124(1) — 5 cases
Fuhrer v. Dep't of Motor Vehs., 592 P.2d 402 (Colo. 1979).
“1973, was repealed by implication by the subsequent passage of section 42-2-124, C.R.S. 1973; second, that the Habitual Offenders Act violates the equal protection clause of the Fourteenth Amendment to the United States Constitution; third, that the Habitual Offenders Act does…”
Colorado Dep't of Revenue, Motor Veh. Div. v. Brakhage, 735 P.2d 195 (Colo. 1987).
“These requirements find statutory authorization in section 42-2-124(1), 17 C.R.S. (1984), which provides in relevant part: The department shall not suspend a driver’s license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except .”
Colorado Dep't of Revenue, Motor Veh. Div. v. Smith, 640 P.2d 1143 (Colo. 1982).
“” Although the suspension of a driver’s license or privilege is normally not to exceed one year as set forth in section 42-2-124(1), C.R.S. 1973, subsection (3) of the same statute makes it clear that suspension will continue indefinitely unless the required restoration fee is…”
Lopez v. Motor Veh. Div., Dept. of Revenue, 538 P.2d 446 (Colo. 1975).
“…C.R.S. 1973. 6 Now section 42-4-1510(2), C.R.S. 1973. 7 Now section 42-2-123(6)(b), C.R.S. .1973. 8 Now section 42-2-124(1), C.R.S. 1973.”
— Colo. Rev. Stat. § 42-2-124(2) — 3 cases
— Colo. Rev. Stat. § 42-2-124(2)(a) — 1 case
— Colo. Rev. Stat. § 42-2-124(3) — 7 cases
People v. Lessar, 629 P.2d 577 (Colo. 1981).
“Before a person against whom an order of denial has been entered is entitled to operate a motor vehicle, he must reapply for a new license at the end of the period of denial, pay the restoration fee required by section 42-2-124(3), C.R.S.1973 (1980 Supp.”
Jolly v. People, 742 P.2d 891 (Colo. 1987).
“” The order of revocation was still in effect on September 30,1983, the date of the offense in question, because the defendant had failed to pay the statutory fee for restoration of his driving privilege in accordance with section 42-2-124(3), 17 C.R.S. (1984), and had failed to…”
Colorado Dep't of Revenue, Motor Veh. Div. v. Brakhage, 735 P.2d 195 (Colo. 1987).
“These requirements find statutory authorization in section 42-2-124(1), 17 C.R.S. (1984), which provides in relevant part: The department shall not suspend a driver’s license or privilege to drive a motor vehicle on the public highways for a period of more than one year, except .”
Colorado Dep't of Revenue, Motor Veh. Div. v. Smith, 640 P.2d 1143 (Colo. 1982).
“” Although the suspension of a driver’s license or privilege is normally not to exceed one year as set forth in section 42-2-124(1), C.R.S. 1973, subsection (3) of the same statute makes it clear that suspension will continue indefinitely unless the required restoration fee is…”
Conway v. Colorado Dep't of Revenue, Motor Veh. Div., 653 P.2d 411 (Colo. Ct. App. 1982).
“On May 19, 1981, the Department conducted a hearing and extended Conway’s suspension to February 24, 1982. Although the record at the hearing did not indicate the length of the suspension imposed by the Department in 1978, it is undisputed that Conway has not paid the…”
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