In any administrative proceeding for a revocation of a driver's license pursuant to article 2 of this title, where the hearing officer is engaged in finding facts and applying law for an incident or offense reported directly to the department by a law enforcement officer, and where the revocation was not triggered in whole or in part by a record of a conviction, the driver may challenge the validity of the law enforcement officer's initial contact with the driver and subsequent arrest of the driver. If a driver so challenges the validity of the law enforcement officer's initial contact, and the evidence does not establish that the initial contact or arrest was constitutionally and statutorily valid, the driver is not subject to license revocation.
Source: L. 2013: Entire section added, (HB 13-1077), ch. 196, p. 798, § 2, effective May 11. L. 2015: Entire section amended, (HB 15-1073), ch. 92, p. 263, § 2, effective August 5.
Structure Colorado Code
Title 42 - Vehicles and Traffic
Article 1 - General and Administrative
§ 42-1-201. Administration - Supervisor
§ 42-1-202. Have Charge of All Divisions
§ 42-1-203. Executive Director to Cooperate With Others - Local Compliance Required
§ 42-1-204. Uniform Rules and Regulations
§ 42-1-205. Record of Official Acts - Seal
§ 42-1-206. Records Open to Inspection - Furnishing of Copies - Rules
§ 42-1-207. No Supplies for Private Purposes - Penalty
§ 42-1-207. No Supplies for Private Purposes - Penalty
§ 42-1-208. Information on Accidents - Published
§ 42-1-210. Authorized Agents - Legislative Declaration - Fee
§ 42-1-211. Driver's License, Record, Identification, and Vehicle Enterprise Solution
§ 42-1-213. Commission of Authorized Agents
§ 42-1-214. Duties of Authorized Agents
§ 42-1-216. Destruction of Obsolete Records
§ 42-1-217. Disposition of Fines and Surcharges
§ 42-1-218.5. Electronic Hearings
§ 42-1-219. Appropriations for Administration of Title
§ 42-1-222. Motor Vehicle Investigations Unit
§ 42-1-224. Criminal History Check
§ 42-1-225. Commercial Vehicle Enterprise Tax Fund - Creation
§ 42-1-226. Disabled Parking Education and Enforcement Fund - Created
§ 42-1-228. Revocation Hearings - Right of Driver to Challenge Validity of Initial Traffic Stop
§ 42-1-230. Exceptions Processing - Rules
§ 42-1-232. Third-Party Vin Inspection Program - Rules - Definitions