Driving Under Restraint Colorado | Driving Under Restraint Lawyer
Driving Under Restraint Colorado | Denver Traffic Violations Lawyer
Denver Traffic Lawyer Ike Lucero prides himself on helping good people in bad situations, and even the best of us can have trouble with a revoked license. He fights to help you get your license back and understands that the DMV rules can get you caught up in “the system.” He hates to see good people get stuck in jail for decisions that were made without knowledge of the penalties. This blog is intended to help you understand the consequences of your Driving Under Restraint case in Colorado and to encourage you to reach out for help from a professional who cares about you. If your license is currently suspended or revoked, and have citation for driving under restraint or suspension, please call us and we will work to help get you back on your feet. I want to help you get drivers license, settle your criminal traffic case, and ensure this problem is solved for good! Driving Under Restraint Colorado | Denver Traffic Violations Lawyer accepts cases in Denver County, Jefferson County, Adams County, Arapahoe County and Douglas County.
The Police Officer Said Your License Was Suspended but You Don’t Know Why
It is very common scenario for potential clients to call me and say they were pulled over for speeding, broken tail light or expired plates and were informed by the police officer that their drivers license in Colorado is currently suspended. The officer definitely gives you a summons (traffic ticket) to court and doesn’t seem that serious to you unless your car is also impounded or you are taken to jail. You are wondering why or how this could have possibly happened to you. There are several reasons why you have a restraint on your drivers license or revoked license, and you can find many of them on the internet, but there is no substitute for a good traffic lawyer’s investigation and advise specific to your case. Your license could be suspended for any of the following reasons, just to name a few:
- Excessive Points: Your license was suspended due to moving violations that exceeded the points allowed to you, like Speeding, Careless Driving, DUI or Hit and Run conviction(s) -for example.
- Unpaid Traffic Ticket, Failure to Pay Traffic Fine, or Failed to Appear in Court for Traffic Case
- License Hold From Another State
- Child Support Issue
- Insurance Suspension
- Non Compliance with Civil Judgement
What does the law say about Driving Under Restraint Colorado?
What are my defenses to Driving Under Restraint Colorado?
The best defense to Driving Under Restraint Colorado is an experienced and personable Denver Traffic Violations Lawyer who practices traffic law because it is his passion, not for any other reason. Also, the law does address this question as well: “It shall be an affirmative defense to a violation of this section, based upon a restraint in another state, that the driver possessed a valid driver’s license issued subsequent to the restraint that is the basis of the violation.” Colo. Rev. Stat. Ann. § 42-2-138 (West).
What Are The Consequences of A Driving Under Restraint or Driving Under Suspension Conviction In Colorado?
The underlying reason for the initial suspension or restraint will determine the possible consequences. If you are caught driving while your license is under restrain because you recently had a DUI, you would have an alcohol restraint. If you are caught driving while your license is suspended for an unpaid traffic ticket in the State of Texas or you exceeded the points allowed on your drivers license, the restraint is non-alcohol related.
Penalties for non-alcohol related restraints can be:
- 5 days to 6 months jail time;
- Up to a $500 fine;
- Increase of time for restraint of license.
Penalties for alcohol or drug related restraints can be:
- 30 days to 1 year jail time;
- $500 to $1,000 fine;
- And for subsequent convictions, the jail time can be increased to 90 days to 2 years in the county jail;
- Increase of time for restraint of license.
What Nobody Bothered to Tell you!
I can’t tell you how many times I have spoken to a person who has tried to handle this case on their own and thought they did well because when they walked out of court all they had was 2 points on their license and a small traffic fine, instead of jail. Unfortunately, when you made this deal with the prosecutor, your license was suspended for another year. This is a DMV rule which is designed to punish you for driving when you privileges are suspended or revoked and this how many people I encounter get stuck in the system. Many of whom are destined to become Habitual Traffic Offenders.