(Download) "People V. Shaver" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Shaver
- Author : Colorado Supreme Court
- Release Date : January 06, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
David Allen Shaver (defendant) appeals his conviction for Driving After Judgment Prohibited, section 42-2-206, C.R.S. 1973. The defendant claims that the statutory scheme of the Habitual Traffic Offender Act, section 42-2-201 et seq., C.R.S. 1973, on which his conviction is based, violates due process of law and equal protection of the laws, U.S. Const. Amend. XIV; Colo. Const. Art. II, Sec. 25, and the constitutional prohibition against cruel and unusual punishment, U.S. Const. Amend. VIII; Colo. Const. Art. II, Sec. 20. He also asserts that the trial court erred in prohibiting him from establishing the constitutional invalidity of three traffic offense convictions which formed the basis of an order of license revocation by the Department of Revenue (department). Although we find no merit in the defendant's constitutional challenges to the Habitual Traffic Offender Act, we conclude that the trial court failed to determine by appropriate standards the constitutional validity of the three traffic offense convictions underlying the order of revocation. We therefore reverse the judgment and remand for further proceedings.