August 24, 2019

Colorado Court of Appeals: Denial of Motor Vehicle Sales License Due to Felony Conviction Improper

The Colorado Court of Appeals issued its opinion in Colorado Motor Vehicle Dealer Board v. Freeman on Thursday, November 6, 2014.

Motor Vehicle Salesperson’s License—Third-Degree Assault—Mandatory Disqualifying Offense.

When Freeman applied for a motor vehicle salesperson’s license, his application was denied on five grounds by the Auto Industry Division of the Board (Division). The Division had found that Freeman’s previous conviction for third-degree assault of an at-risk adult constituted a mandatory disqualifying offense under CRS § 12-6-118(7)(a)(I).

On appeal, Freeman contended that the Colorado Motor Vehicle Board (Board) erred in upholding the Division’s denial of his license application. The statute provides, among other things, that a license shall be denied if an applicant has been convicted of a felony in violation of article 3, title 18 during the previous ten years. Because Freeman’s conviction was a felony conviction under CRS § 18-6.5-103(3)(c), not CRS § 18-3-204(1)(a), which specifies that a conviction for assault in the third degree is a class 1 misdemeanor, his conviction may not be used as a mandatory disqualifying offense under CRS § 12-6-118(7)(a)(I). Therefore, the Board erred and its order was vacated. However, because the Division denied Freeman’s application on four other grounds, the case was remanded to the Board with directions to address the additional grounds.

Summary and full case available here, courtesy of  The Colorado Lawyer.

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