Expert Attorneys in Conifer, Jefferson County, or Colorado, Ready to Represent You
If you have been accused of driving on a suspended / revoked license, also sometimes referred to as "driving under restraint," you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Call us at 303-872-4719 in the greater Denver area or toll free at 888-725-2609 across Colorado for an initial consultation at reduced rates. You can also contact us online.
Whether in the Denver area, or anywhere in Colorado, driving on a suspended / revoked license occurs where a person drives a motor vehicle with knowledge that the person's license to drive is under restraint by an order of suspension or revocation by the Colorado Department of Revenue. The case may be aggravated by the fact that the reason for the restraint, is at least in part due, because of an underlying alcohol related conviction or revocation.
Possible consequences of driving on a suspended / revoked license
Driving on a suspended / revoked license is a misdemeanor that carries a possible jail sentence of six months. Where the underlying reason for the restraint, is at least in part due, because of an underlying alcohol related conviction or revocation, the court must impose a minimum mandatory jail sentence of thirty (30) days.
In any event, a conviction for driving on a suspended / revoked license will result in the Department of Revenue extending the existing period of suspension / revocation by an additional one (1) year period.
Possible Defenses for driving on a suspended / revoked license
The available defenses for driving on a suspended / revoked license may include improper notification of the Department of Revenue's order of suspension / revocation. At times, a driver may be unaware that his license has been placed under a restraint, especially where the driver may have moved but failed to notify the DMV of his change of address. In the case of the aggravated driving on a suspended / revoked license, the driver record may indicate that although the driver has been convicted for an alcohol related offense, it did not contribute to the order of revocation. Many drivers mistakenly, but reasonable, believe that their license is automatically reinstated when the period of suspension / revocation expires, when in fact reinstatement occurs only after the reinstatement fee is paid.
The remaining defenses that may be applied in a driving on a suspended / revoked license case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures bases on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. There are many other defenses that are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood, or urine for forensic testing, incompetent computer evidence, flawed photo line-ups, and inaccurate crime scene / accident reconstructions.
It is important that you hire a skilled and experienced driving on a suspended / revoked license lawyer to defend you in a driving under restraint case in Conifer, Jefferson County, or across Colorado.
Call us at 303-872-4719 in the greater Denver area or toll free across Colorado at 888-725-2609 for an initial consultation at reduced rates. You can also contact us online.