Colorado Springs lawyer Patterson Weaver prides himself on helping good people in bad situations, and even the best of us can have trouble with the Division of Motor Vehicles. If you have had your license suspended or revoked and get caught while driving without a valid license, Patterson Weaver Law, LLC can help. Providing first-rate legal representation in El Paso County, Pueblo County, Teller County, Park County, Fremont County, and the surrounding areas, Patterson Weaver Law, LLC is ready and able to address your situation.
What is Driving Under Restraint?
Under C.R.S. § 42-2-138, Driving Under Restraint (“DUR”) in Colorado means driving with the knowledge that your license or driving privileges have been suspended, revoked, or denied. Both residents and non-residents of Colorado can be charged with DUR. Driving Under Restraint charges range from a class A traffic offense to a misdemeanor, depending on the surrounding circumstances. Many factors can influence the severity of a DUR charge, including the underlying reason the driver’s license was revoked, and whether the person has any previous DUR convictions. In any case, Driving Under Restraint has consequences that potentially can have a serious and significant impact on your life. Do not hesitate to contact our Colorado Springs DUR defense lawyers for help.
What are the Consequences of Driving Under Restraint?
Driving Under Restraint is punishable up to six months in jail and a $500 fine. Anyone who commits two or more DUR offenses within five years cannot have their driver’s license reinstated for a period of 3 years after the date of the most recent conviction. Further, anyone convicted of a misdemeanor DUR will have their driving privileges restricted for an additional year beyond the date they would have been eligible for reinstatement.
If your driving privileges were originally restrained because of an alcohol or drug related driving conviction such as a DUI, DWAI, or UDD, the consequences are more serious. For first-time offenders, Driving Under Restraint after receiving an alcohol or drug related driving conviction is punishable by a mandatory minimum of 30 days in jail and a potential minimum fine of $500, but the punishment may be as severe as 1 year in jail and $1,000 fine.
A person who commits a second DUR offense with a previous drug or alcohol related driving conviction is subject to a minimum of 90 days in jail, but may be sentenced up to 2 years in jail and fined $3,000. Anyone convicted of two or more DUR offenses under these circumstances, within a period of five years, cannot have their license reinstated for 4 years after the date of conviction. With all this at stake, having an experienced Colorado Springs DUR defense lawyer on your side it critical.
Affirmative Defenses for Driving Under Restraint
Defenses for Driving Under Restraint include a lack of knowledge or notice that your license was restrained, cases of emergency, and clerical mistakes incorrectly indicating your license was under restraint.
The necessary “knowledge” to be convicted of a DUR charge does not require that you actually knew that your driving privileges were revoked. You are considered to have constructive knowledge under the DUR statute if a reasonable person in your position should have known their license was under restraint. However, it is not even required that you personally receive or read a notice of revocation. Simply having the notice of revocation sent to your last known address is enough for you to be considered to have constructive knowledge.
Another defense to a DUR charge is driving in cases of emergency. In these instances, the court is not required to issue a mandatory minimum jail sentence for the offense. However, even in cases of emergency, the court retains discretion and may still choose to impose a jail sentence and fine as it sees fit.
These affirmative defenses have legal nuances that make it essential you hire an attorney with DUR expertise. Even if these defenses do not apply to you, an experienced Colorado Springs DUR defense attorney may still be able to help you reach a much better conclusion to your case in court.
Contact an Experienced DUR Attorney Today
If you have been charged with Driving Under Restraint, consulting with an experienced Criminal Defense Attorney will increase your chances for a favorable outcome with far fewer consequences. Attorney Patterson Weaver is skilled in the area of DUR charges, and he will work hard to protect your rights and get you the best outcome possible. Contact attorney Patterson Weaver today to review the facts of your case and find out what options are available to you.