Driving Under Suspension In Colorado
Driving under suspension, known as Driving Under Restraint (DUR) in Colorado, is a severe offense that can result in hefty fines, jail time, and extended license suspension.
It is an act of driving when your license has been suspended, revoked, denied, or restrained. Navigating the legal complexities surrounding a DUR case can be daunting.
Still, with the help of an experienced attorney like Patricia Perello, you stand a better chance of mitigating the consequences.
Understanding Driving Under Suspension In Colorado
In Colorado, driving under suspension is typically classified as a class A traffic infraction, punishable by $15 to $100 in fines. However, if you’re caught driving under Financial Responsibility Act (FRA) suspension, the court may impose a fine from $50 to $500 or imprisonment in county jail for five days to 6 months.
Moreover, driving while your license is revoked can make you a habitual offender and face harsher penalties, including mandatory jail time and steeper fines. According to Colorado’s Revised Statutes 42-2-138, driving when your license is revoked, denied, or suspended is known as “driving under restraint.”
A revoked license is considered invalid and cannot be re-issued, so you would have to go through the process of obtaining a new license once your suspension period ends. If you are cited for driving on a revoked or suspended license, you could face a significant fine and potentially lose your motor vehicle ability.
Common Traffic Violations
- Speeding: Exceeding speed limits is a widespread violation, leading to fines, higher insurance costs, and license suspension.
- Running Red Lights and Stop Signs: Ignoring signals risks accidents and citations, often captured by traffic cameras.
- Reckless Driving: Dangerous driving endangers all, including tailgating, speeding, and weaving, sometimes resulting in criminal charges.
- Driving Under the Influence (DUI): Operating under alcohol or drugs results in immediate suspension, fines, education programs, and potential jail time.
- Distracted Driving: Phone use, texting, and distractions while driving increase accidents, leading to fines and penalties.
- Improper Lane Changes: Unsignaled or risky lane changes cause accidents and traffic jams, disrupting the flow.
- Failure to Yield: Not yielding right-of-way leads to accidents and legal consequences at intersections and crosswalks.
- Driving Without a Seatbelt: Failing to wear a seatbelt for driver or passenger results in fines and potential stops by law enforcement.
- Expired or Invalid License/Registration: Driving with outdated or invalid documents leads to fines and penalties.
- Tailgating: Following too closely contributes to collisions, requiring a safe distance for prevention.
The Consequences Of Driving Under Suspension
Driving under suspension (DUS) refers to operating a vehicle when one’s driver’s license has been suspended or revoked. The reasons for suspension can vary, ranging from driving under the influence (DUI), accumulating too many traffic violation points, or failing to pay fines or child support. Regardless of the reason for suspension, driving during this period is a severe offense and can lead to numerous consequences:
- Criminal Charges:
- In many jurisdictions, driving under suspension is classified as a misdemeanor. Still, it can escalate to a felony, especially if it’s a repeat offense or the initial suspension was due to a severe violation like a DUI.
- Convictions for driving while suspended typically result in fines, which can be hefty and increase with subsequent violations.
- Further License Suspension:
- Getting caught driving under suspension may result in an additional suspension period, prolonging the time before one can legally drive again.
- Jail Time:
- Depending on the jurisdiction and circumstances surrounding the violation, driving while suspended can lead to jail time, especially for repeat offenders.
- Increased Insurance Premiums:
- Driving under suspension can significantly increase car insurance premiums. Insurance companies view drivers with such violations as high risk.
- Vehicle Impoundment:
- In some cases, the vehicle being driven during the violation might be impounded, leading to additional fees and complications for its release.
- Permanent Revocation:
- Repeatedly driving while suspended may result in a permanent revocation of driving privileges in some jurisdictions.
- Reinstatement Fees and Procedures:
- To reinstate a suspended license, one often has to pay a fee. If the suspension was due to a DUI or other serious offenses, completion of specific programs or courses might be required.
- Court Appearances and Legal Fees:
- Drivers may need to appear in court, leading to potential legal fees if they hire an attorney. Missing a court date can result in additional fines or even a warrant for arrest.
- Employment Consequences:
- For those whose job requires driving, a prolonged suspension can jeopardize their employment. Even if driving isn’t a job requirement, employers might view such a violation as indicative of irresponsibility.
- Permanent Criminal Record:
- A conviction for driving under suspension can result in a permanent mark on one’s criminal record, which can have long-term consequences for things like employment, housing, and more.
- Probation or Community Service:
- Some jurisdictions might impose probation periods or require community service hours as part of the penalties for DUS.
Courtroom Proceedings And Trial
The legal process can be overwhelming and complex when charged with driving under suspension. The individual will have to navigate through court proceedings, which may involve arraignment, pre-trial motions, and potentially a trial. During these stages, clearly understanding legal procedures and strategies becomes crucial. Without proper guidance, presenting a strong defense may be challenging.
The Role Of A Driving Under Suspension Lawyer
A driving under-suspension lawyer plays a pivotal role in guiding individuals through the legal complexities of their cases. These legal professionals specialize in traffic offenses and understand the intricacies of Colorado Springs’ traffic laws. They assess the case, gather evidence, and develop tailored defense strategies. A skilled lawyer can negotiate with prosecutors for reduced charges, dismissal, or alternative penalties, ensuring the best possible outcome for the accused.
Importance Of Legal Representation
One of the most significant advantages of hiring a Driving Under Suspension lawyer is the peace of mind that comes with knowing you have a knowledgeable advocate. Legal professionals understand the intricacies of the law and can guide you through the complex legal processes. They work tirelessly to uphold your rights, potentially minimizing penalties or even getting charges dropped.
Navigating the legal landscape of Driving Under Suspension charges in Colorado Springs requires expertise and experience. A skilled attorney can differentiate between a favorable outcome and enduring lasting consequences. By exploring the legal implications, understanding courtroom proceedings, and recognizing the importance of legal representation, you’re better equipped to face DUS charges head-on with confidence. Remember, seeking the counsel of a qualified lawyer can significantly impact your case’s trajectory and future.
How Patricia Perello Can Help
Patricia Perello, a seasoned lawyer based in Colorado Springs, has extensive experience representing clients facing charges of driving under suspension. She understands Colorado’s traffic laws’ intricacies and can provide the legal guidance to help you navigate this challenging situation.
Firstly, Patricia Perello can thoroughly review your case, examining the circumstances of your arrest and the evidence against you. She can challenge the validity of the traffic stop, the officer’s conduct, and any procedural errors that may have occurred during your arrest.
She can also represent you in court, presenting a solid defense. By leveraging her knowledge of Colorado’s traffic laws and her skills in negotiation, Patricia Perello can argue for reduced penalties or even the dismissal of your charges.
If your license is already suspended, Patricia Perello can also guide you through reinstating your driving privileges. She can advise you on meeting the requirements set by the DMV and assist you in completing the necessary paperwork.