If you have a notice of revocation issued by a police officer, you have 7 days to go to a driver’s license office to request a hearing. If the license was not surrendered at the time of the stop it MUST be surrendered to receive a temporary driving permit. Contact the hearing section at 303-205-5606. For information regarding evidence presented at a hearing. REMEMBER TO REQUEST THE OFFICER TO BE PRESENT AT YOUR HEARING…his non-appearance can lead to a win, based on his reports (hearsay) being excluded as evidence, because the officer is not there to verify the documents.
At the hearing, the hearing officer will make his/her determination of your guilt based on the following criteria at preponderance standard:
- Were you in actual physical control of a motor vehicle in the state of Colorado?
- Did the officer have probable cause to require you to take a chemical test?
- Was the chemical test conducted within substantial compliance and was the test failed?
- Were you properly advised of Colorado Express Consent Law and did you refuse to take a test or to cooperate in the taking of a test?