Colorado Driver’s License Point System

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Colorado’s Point System for Traffic Tickets

Every state has a different a different system for the licensing of drivers who use the public roadways in that state. While the federal government has a significant amount of influence and control of the individual states’ rules for driver’s licensing and traffic laws (for example, there is a nationally acceptable code for roadway markings and traffic laws) as a requirement for the states to obtain federal highway funding dollars, much discretion remains regarding how each state will handle its respective assignment of driving privileges and how traffic violations will affect a residents’ privilege to drive.

Colorado DMV’s Point System

For each conviction or default judgment of a traffic violation, a certain amount of points is assessed by the Department of Motor Vehicles (DMV) to the driver’s record. It does not matter whether the person actually holds a valid Colorado driver’s license since the assessment points are recorded on the person’s driving history using his or her name and date of birth, which is originally recorded on the ticket by the police officer at the scene of the traffic stop. The DMV has a large computer data base which stores the information regarding the points assessed and ticket convictions of drivers who have incurred tickets in that state throughout the years.

You may read more about the driver’s license point system at: DMV Point System.

Once there is a conviction in criminal cases or a default for civil traffic infractions, in accordance with the assessment schedule of the Driver’s License Point System, the traffic court notifies the DMV of the conviction or default. Subsequently, a the certain amount of points is assessed. A conviction occurs when the driver pleads guilty or no contest to criminal traffic charge (such as excessive speeding or careless driving), is found guilty at a court or jury trial, mails in a civil penalty assessment fine amount, or gets a default judgment (only applicable in civil cases). If the driver fails to appear on a criminal charge, no default is legally allowed but the person’s driving privileges are suspended in Colorado and notice of the suspension is transferred to the person’s home state.

What Happens if Too Many Points Are Incurred?

If a driver gets too many points within a certain period of time, the person’s driving privileges will be suspended, and this is called a “Point Suspension.”

In cases where too many points are incurred, a Point Suspension is mandatory, and the DMV will set a hearing to review the driver’s history and case facts. The driver’s privileges will then be suspended from one day to one year, with the amount of the suspension determined by the DMV hearing officer. As mentioned above, it does not matter whether the person actually has a Colorado license. All point suspensions are recorded for the person under his or name and date of birth, and then the suspension period is entered into a national database called the National Driver’s Register (NDR). When the driver goes to obtain or renew his license in his home-state, the home-state DMV must check the NDR in accordance with federal requirements and enforce the suspension just as if it happened within the home-state.

How Many Point Are Drivers Allowed?

The amount of points a driver is allowed depends upon the driver’s age and whether he or she was driving as a chauffeur. Following are the amounts of points that will cause a driver’s license to be suspended:

Adult Drivers (21 Years or Older)

12 points in any 12 consecutive months

18 points in any 24 consecutive months

Minor Drivers (18 to 21 Years Old)

9 points in any 12 consecutive months

12 points in any 24 consecutive months

14 points during the lifetime of the license (age 18 to 21)

Minor Drivers (Under 18 Years Old)

6 points in any 12 consecutive months

7 points prior to the age of 18 years old

Chauffeur Drivers (Violations Must be During the Course of Employment)

(additional restrictions apply)

16 points in 1 year

24 points in 2 years

Source: These point amounts come from Colorado DMV. Be sure to check with them in case there are any future changes.

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Can You be Held Liable in a Dog Bite Case?

By

Eric Paris

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Anyone who has a dog knows that your dog can be your best friend. Unfortunately, your dog can also be a financial liability if your dog bites another person. There are approximately 4.5 million dog bites a year, which require over 800,000 people to seek medical attention. Over half of these dog bites occur to children. Statistically, dog bites generally occur from a known dog that belongs to the family or friend of the family. If you have a dog who has bitten someone, then you may be held liable for the actions of your dog and could possibly pay a hefty fee depending on the circumstances. Because of this, it is important to understand dog bite liability and how a dog bite can affect you. If you or a loved one has a dog that has bitten someone or if you have been bitten by a dog, it is invaluable to contact an experienced California personal injury attorney so that we can help you strategize about the best possible outcomes for your case.

Dog Bite Cases

In California, if your dog bites another person, you will be held strictly liable for your dog’s actions. In California, to be held strictly liable means that you will be held responsible for most dog bite injuries if your dog bites another person and if a victim sues you for damages that have been incurred, you will be required to pay those damages whether your dog has a dangerous propensity or not, or whether you took preventive measures to ensure that your dog did not hurt another person.

Though this is California’s standard, there is also an exception to every rule. In California, a dog owner is only strictly liable if the injured person was bitten, and was in a public place or a lawful private place when the injury occurred. However, there are circumstances in which a dog owner will not be liable. These circumstances consist of:

If the person is considered a trespasser or on the property without the permission of the landowner;
If the person is a vet who is treating the dog;
If the dog bite someone while helping the police or military officials;
If the dog bite someone who provoked the dog

In all of these circumstances, strict liability will not apply and you will not be held liable for dog bite injuries.

Need Legal Advice?

Dogs can be great companions and are generally man’s best friend. However, dogs can also be the reason you are held liable if your dog bites another person. Depending on your case, this amount can be small or large, however, there are exceptions to every rule and this is also the case when it pertains to dog bite liability. Because of this, it is invaluable to seek legal advice and representation if you have found yourself in this circumstance. If you or a loved one has a dog that has bitten someone or if you have been bitten by a dog, contact an experienced personal injury attorney at The Paris Firm to help you with your case today.

Stolen Cars Creating Possible Headache

By

Justin King, Esq.

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The Sun posted an article on Thursday October 12, 2017 describing a car chase pursuit from Lake Elsinore to Jurupa Valley. A male suspect, whose identity was not immediately released, had led law enforcement officers in a 30+ mile car chase after he had stolen a SUV. The deputy had signaled the driver to pull over, but the driver failed to do so in which led the officers into a pursuit. The chase began as the suspect fled northbound on Interstate 15 and went through Corona where the driver veered off to the freeway shoulder to get around slow moving traffic. The suspect finally surrendered around 3:50 p.m. after 50 intense minutes of car chase as he exited the freeway onto the surface streets in Jurupa Valley, at the intersection of Limonite and Lucretia avenues.

Drivers need to always remember to be aware and drive with caution as in many circumstances it is not their own negligence, but that of other motorists on the road that cause serious accidents. Drivers could be caught in an incident as mentioned above at any time while driving, or even on the streets as they enjoy a warm day outside with family or friends. It is important to be aware of your surroundings, as often times these events are avoidable if a motorist or bystander is aware and cautious. In instances like these, the driver has already proven to disregard basic safety and caution for themselves, but more frightening the safety of others who by chance happen to be in the path of this crazed motorist.

In a pursuit like this one, innocent bystanders and motorists could have been seriously injured or even died as part of a fatal accident. If one was to be caught in the driver’s path, and an accident occurred, the victim(s) is now left with not only vehicle damages, but potentially serious injuries as a result of a traumatic auto accident. Even minor auto accidents can require a substantial amount of monetary resources to repair the damages. More severe, innocent drivers could have faced life changing physical and mental damages in which could have never been repaired. These damages could have included trauma to the head, chest, and limbs in which would bring massive financial commitments to rehabilitate. It is also a possibility that innocent pedestrians on the street could have been struck by the driver, causing fatal injuries.

When auto and car accidents happen, and serious injuries result, victims have rights. In situations like this, even if the driver is in jail and awaiting criminal charges, a personal injury lawsuit can be filed in civil court for injuries and damages. It is important for the victims to find and consult with a Chino and Chino Hills auto and car accident injury attorney that can expertly represent their clients.

Justin H. King is an experienced personal injury attorney serving Chino and Chino Hills and that represents victims in and around the Inland Empire and Southern California. His firm, Law Office of Justin H. King located in Ontario, CA, provides representation for victims involved in serious and traumatic accidents pertaining to auto accidents, dog bites, motorcycle accidents and wrongful death claims. Mr. King vigorously and compassionately represents his injury victims against insurance companies as he has achieved numerous six and seven figure results for his clients. You can visit his website, make an appointment at his office located at 3633 Inland Empire Blvd., # 250 Ontario, CA 91764, or call the following number 1 909-297-5001 for a free consultation.

Your Rights During a Car Accident Lawsuit

By

Heiting & Irwin, APLC

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Have you been involved in a car accident that occurred due to the negligence or recklessness of another person? If so, you have the right to get compensation for your injuries. The compensation will cover both physical and property damage sustained in a car accident.

The compensation can be obtained through a settlement with the guilty party’s insurance company or through a lawsuit. Knowing your rights in case of a car accident is important. Here we will shed light on the legal recourse in case of getting injured in a car accident caused by another person.

Legal Liability in Case of a Car Accident

The legal liability in case of a car accident depends on different factors. The judge and the juries carefully listen to the evidence to determine the ‘fault’. Common law identifies four major types of fault. These include:
Strict liability — Strict liability occurs in case of highly hazardous activities such as carrying explosive chemicals. The fault, in this case, does not depend on the intentional or negligent behavior that led to the accident.
Recklessness — Reckless behavior means willful disregard of the safety rules. Example includes running the red light or driving above the speed limit.
Negligence — Negligent behavior means careless action that resulted in an accident. Example of a negligent behavior includes not stopping at the pedestrian line or yielding the right-of-way.
Intentional — Intentional behavior means purposefully harming a person or damaging the property.

In case you have suffered an injury in case of an auto accident due to any of the above faults of the other driver, you have the legal right to get compensation for the injuries and property damage.

Know the Mistakes that Can Hurt Your Case

You can harm your auto accident claim case in several ways. Never talk about the auto accident case with the defense lawyers, insurance company, or a friend or relative of the guilty driver. You should let your auto accident attorney do all the talking on your behalf. Also, take a look at our infographic to know what you’re in for during a car accident lawsuit.

Also, you should never sign any document without consulting without your attorney. Even seemingly harmless looking documents may have fine print that can hurt your case. For instance, the insurance company of the guilty driver may force you to sign a document that will allow them to access your medical history, or worse waive any injury claims. Always check with your car accident attorney before signing any document.

Lastly, you should know that there is a statutory time limit within which you should submit a car accident injury claim. In California, the time limit is two years for filing a personal injury claim and three years for property damage claim.

Rancho Cucamonga Car Accident Lawyer Discusses How Pre-Existing Injuries or Conditions Might Affect Your Personal Injury Claim

By

Matthew Taylor

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If you’ve been suffering from an injury or condition that is similar or closely related to any injuries you’ve sustained as a result of another’s negligent actions, the defendant will likely make an effort to focus on your pre-existing injuries or condition in an attempt to avoid legal liability. Fortunately, under California law, you may still be able to recover damages even if you have a pre-existing injury or condition, as long as your injury or condition was exacerbated by the negligent actions of another.

In a California personal injury case, you are required to show proof of your damages. When you have a pre-existing injury or condition, this can complicate your case because if your “new” injuries are similar or closely related to your pre-existing injuries, the defendant is likely to assert that their negligent actions did not actually injure or damage you. They will argue that your injuries and other damages were present before the incident and thus cannot be attributed to them.

For example, perhaps you have suffered from a nerve or spinal disorder for many years, and this disorder causes occasional pain in your arms and legs. If you then injure your back and your spine in a slip and fall accident, it can be said that your injuries are fairly closely related to your pre-existing condition. However, if you can establish that your injury is actually new or that your condition was materially worsened, you may be able to recover damages.

When an individual’s pre-existing injuries or conditions are aggravated or exacerbated by another’s negligent actions, they might be able to recover under what’s known as California’s “eggshell plaintiff” rule. In these instances, a defendant can be held responsible if the injured individual was just inherently predisposed to injuries that might be because of a pre-existing injury or condition. For example, say an elderly person with brittle bones slips and falls and breaks their fragile bones. Oftentimes when this occurs, it is tough for the elderly individual to recover fully from their injuries. Because of their inherently fragile and weak frame, their injuries might be much more severe than if a teenager were to slip and fall under the same circumstances. In this case, the defendant, perhaps a negligent retail store, would take the elderly injured individual as they find them. In other words, the defendant would be responsible for the total damages even if the injuries or damages were significant because of a pre-existing condition and weakness of the “eggshell plaintiff.”

The exacerbation or aggravation of other conditions or injuries may be harder to prove. Oftentimes, injured individuals will be required to offer expert medical testimony and other evidence to show that their pre-existing condition or injury was aggravated by another’s negligent actions. If an individual can successfully establish their claim for aggravation of a pre-existing condition or injury, they typically can recover only the damages actually associated with the aggravation. For instance, if you have a pre-existing back or neck injury, you would only be entitled to the measurable damages that are related to the aggravation of your condition.

Call The Experienced Personal Injury Attorneys at the Law Offices of Matthew L. Taylor Today

If you have suffered injuries due to the negligent actions of another, even if you have a pre-existing injury or condition, you should contact an experienced Rancho Cucamonga Personal Injury Lawyer right away. Call the Law Offices of Matthew L. Taylor today at (909) 989-7774 to schedule your free consultation.

Daniel Balaban Profile & Biography

By

Joe Marchelewski

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Attorney Daniel Balaban, of Balaban & Spielberger is one of the country’s most determined litigators. Working tirelessly on behalf of his clients, he is driven to lend his talents to those in need. His impressive skill in the courtroom is well established. Within just five years of establishing the firm, Daniel has recovered over 100 million dollars in verdicts, awards and settlements including numerous 7 and 8 figure results.

Daniel’s work ethic and commitment were highlighted in a recent medical malpractice case involving a man stricken with terminal cancer due to a misdiagnosis. The defendants attempted to delay the trial because of the client’s rapidly deteriorating health. Under California law, if a terminal cancer patient dies before his case gets to trial, the case dies with him. To ensure that his client got his day in court, Daniel urgently persuaded the judge to transfer the case elsewhere to expedite the trial. Daniel argued the case three days later and won. The judge awarded the client $100,000, granting a meaningful victory just days before he passed away. In 2013, Daniel Balaban received the CAOC Street Fighter of The Year award as a result of this case.

His other accomplishments have also been recognized by his peers. For example, he was nominated as 2013’s Trial Lawyer of The Year for a catastrophic injury case involving a fallen palm tree (Burke v. City of San Diego), which in addition to a great verdict resulted in the City of San Diego changing its policies.

A native of Philadelphia, Daniel received a B.A. in International Affairs from The George Washington University. After graduation he fulfilled a lifelong dream of volunteering as a combat soldier in the Israeli Army. When he returned to the United States, he worked full-time as a law clerk while simultaneously earning a law degree in an accelerated two-year program from Southwestern University.

Today, he continues to fight for justice against corporations, pharmaceutical giants, government entities, big auto makers, medical device manufactures, food companies, trucking outfits and medical organizations. His efforts have recovered over a hundred million dollars for victims of wrongdoing.

Daniel Balaban in the News

Contact Information:

Balaban Spielberger LLP
Website
Phone: (424) 832-7677
11999 San Vicente Blvd
Suite 345
Los Angeles, CA 90049