The penalties for driving with a suspended license could be harsh. Drivers should expect from driving while suspended or revoked charges that the penalties are hefty fines and an extension of the revocation for a longer period of time with the Division of Motor Vehicles (DMV). There is a possibility of jail time. If they get three major driving offenses, including a driving under restraint (DUR), another DUR, or driving under the influence (DUI) charge, they would end up being a habitual traffic offender. Habitual traffic offenders are three strikes, and they are out. It is very difficult to get their license back after becoming an HTO.
You do not need to fight your case alone. Let a seasoned license suspension lawyer at Nicol Gersch Law help your case. Call to get started building a defense for a suspended license in Colorado Front Range.
The elements of driving with a suspended or revoked license in Colorado Front Range are that the defendant, at or about the date and time charged in the State of Colorado, drove a vehicle on a public highway when their license was suspended or revoked. They have to prove identification (that you were the person driving), venue, and the offense of driving on a public roadway without a license. They could not get a ticket for driving under revocation on private property, but even on private property if there is no other way of getting onto the private property except for a roadway, you could be looking at trouble. Most DUR cases are traffic stops on the side of the road.
Colorado Front Range drivers could challenge their license suspension by following the procedure for challenging revocation with the DMV. It is an administrative proceeding done entirely outside of the criminal justice system. It is a separate case, not necessarily tied to the outcome of what happens in their criminal trial.
It is common for attorneys to handle a DUI case for someone with a DMV component. The key is to act quickly. It is important that those who have received a DUI read their paperwork and make a request for a hearing within seven days of being released for driving under the influence. If you miss that deadline, you’re out of luck.
In the circumstances not involving DUI, they may still be entitled to a DMV hearing and able to challenge other types of suspensions before losing their license. Hearing notices are sent usually via certified mail or regular mail to their last known address. It is very important that clients have an updated address with the DMV where they could get mail or have a way to check on the status of revocation with the DMV. A license suspension attorney can help them do that at any time, as well.
The DMV would mail them notice that their license is being suspended and tell them on that mailer how to challenge it. If they have questions about how to challenge any specific type of revocation, they should consult an attorney. It is recommended doing so sooner rather than later because even on the other types of suspensions for points or OJWs, they have a very short deadline. Once they miss it, they may not have the ability to challenge a revocation. They should pay very close attention to deadlines.
The long-term implications of a driving while suspended conviction is the inconvenience due to a restricted license. Taking a taxi or using a rideshare program everywhere can get expensive. Relying on public transportation is spotty at best in urban areas of Colorado, and impossible in rural areas. People often feel their jobs are in jeopardy if they are not able to easily get to work, and their family life suffers—especially if they have kids.
When they have multiple driving under restraint convictions, they get into hot water with HTO laws. That is when their car is going to get impounded as a public nuisance if they continue to drive. Denver would take their car and not release it to them until they could show they have a license. Denver is seizing property as a municipal nuisance because they are violating traffic laws repeatedly on their streets. It is not seen as much in other jurisdictions, but Denver sets the tone for the rest of the state. If they could avoid it, they should not continue to drive without a license.
Attorneys build a defense for driving while suspended or revoked cases by first looking at whether the revocation is legit. They could pull their DMV record and make sure that the cop that pulled them over was reflecting accurate information. They would then look and see whether they could challenge any of state fees or a revocation. Perhaps they paid their OJWs, but they have not gotten the receipts to the DMV yet. Attorneys would get those receipts to the DMV because the court was supposed to report that they paid. Attorneys could get those receipts to the DMV.
The goal when attorneys go into court is to get their license back before they have to resolve the case. They are looking at their eligibility date with the DMV, giving them advice about how to get their license back as soon as possible, and explaining to the DA that they are getting their license back soon. Once they come in with a license, the DA is very unlikely to re-revoke their license. They would give them a good deal, such as zero points or additional community service or a driving class.
Attorneys are always looking for valid legal defenses to their case and constitutional violations that only they recognize. It is best to reach out to an attorney who has experience building a defense for a suspended license in Colorado Front Range. Call Jenn and Justie at Nicol Gersch Law today to schedule a free 30-minute consultation.