Legal Question in Traffic Law in Colorado

habitual traffic offender safe in private parking lot?

Question: If a habitual traffic offender is approached by law enforcement in a private parking lot while riding motorcycle, can they issue ticket for driving while revoked as habitual offender?

To sum this up, I was on my way to work, pulled into parking lot of industrial office/shop complex where I worked, and rode into the middle of a drug raid. I shut off my bike and was turning it around when I was approached by CBI officers. They started asking questions, and when I refused to answer, they had a Lakewood Police Officer arrest me for Habitual Traffic Offender. My question is, Can they convict me for driving, even though I was in a private parking lot? Again, I was NOT pulled over, and the bike was NOT running when they approached me. Also, they did not observe me driving on any street or highway. Thank you very much for your time.


Asked on 10/27/06, 4:03 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: habitual traffic offender safe in private parking lot?

It depends. How do the police find out your identity? If there is a drug raid, they can most likely get ID on all people that are at the location and anyone that comes to that location during the raid, provided they have warrant or PC. But, they have to those reasons. If you are not near the actual raid or if the PC/warrant does not extend to you, they may not be able to get your ID.

If they can get your ID, then they can run it and arrest you for DUR/HTO. DUR requires driving on state road or highway. HTO only requires operating a motor vehicle in the state. Compare 42-2-138 with 42-2-206. So, although the private lot is not a highway or road, it is in the state.

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Answered on 10/27/06, 12:09 pm


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