Driving On A Suspended Or Revoked License
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.
Whether in the Denver area or anywhere in Colorado, driving on a suspended/revoked license occurs when someone drives a motor vehicle with knowledge that his or her license is under restraint by an order of suspension or revocation by the Colorado Department of Revenue. The case may be aggravated if the reason for the restraint is an 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. When the underlying reason for the restraint is an alcohol-related conviction or revocation, the court must impose a minimum mandatory jail sentence of 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 a year.
Possible Defenses For Driving On A Suspended/Revoked License
Available defenses for driving on a suspended/revoked license may include improper notification of the Department of Revenue’s order of suspension/revocation. A driver may be unaware that his or her license has been placed under a restraint, especially if the driver has moved, but failed to notify the Department of Motor Vehicles. In the case of aggravated driving on a suspended/revoked license, the driver’s record may indicate that although the driver was convicted of an alcohol-related offense, it did not contribute to the order of revocation. Many drivers mistakenly but reasonably 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 based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses 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 lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled lawyer experienced in cases of driving on a suspended/revoked license to defend you in a driving under restraint case in Conifer or Jefferson County or across Colorado.