Colorado Law for Driving Under Restraint | Weld County Traffic Attorney for Driving Under Suspension

In Weld County, Colorado, it is illegal to drive when a person knows that their driver’s license has been denied. This crime is known as Driving Under Restraint or Suspension, DUR for short. When your license is placed under restraint it could be either suspended or revoked in Weld County, but it becomes inactive, and the owner is no longer allowed to drive in the eyes of the law.

What is Driving Under Restraint, C.R.S. 42-2-138, in Greeley, Colorado

In Greeley, Colorado, Driving Under Restraint, C.R.S. 42-2-138, is when:

Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of DUI, DUI per se, DWAI, or UDD.

To simplify, you’re legally not allowed to drive when you’re has been license suspended or revoked. If you choose to drive anyway, you commit the crime of Driving Under Restraint, and face mandatory time in the Weld County Jail.

Sentence for Driving Under Restraint in Longmont, For Lupton, and Platteville

The sentence for Driving Under Restraint in Longmont, Fort Lupton, and Platteville depends on the circumstances of the situation. Is it a first offense? A second? Were alcohol or drugs involved now or in the underlying suspension by a DUI?

When you’re sentenced for a first offense of Driving Under Restraint, you’ll face a misdemeanor punishment. The Greeley courts could send you to the Weld County Jail for up to 6 months, they could put you on probation, and they could give you a fine of up to $500. When it is a second offense of Driving Under Restraint, AND it is within 5 years of the first conviction, in addition to facing another misdemeanor punishment, the driver will not be eligible for another driver’s license for 3 years after that second conviction.

For alcohol related driving offenses, like DUI, DWAI, or UDD, the consequences steepen for those convicted. On top of whatever they’re facing for the alcohol driving related offense, they will be guilty for a misdemeanor. At the court’s discretion, they can imprison the defendant for at least 30 days, but not more than 1 year in jail, and they can fine them between $500 and $1,000 for their actions. If the defendant is accused of a second alcohol related driving offense while their license is inactive, both jail time, and the amount in fines goes up. In addition to sentencing an offender to at least 90 days to 2 years in the Weld County Jail, and having a fine imposed of at least $500 to $3,000, if the act was committed within 5 years of the first conviction, they will also have to wait 4 years 4 more years to be eligible for a driver’s license again.

Unfortunately for those convicted of Driving Under Restraint whose incidents involved alcohol, their jail sentence is mandatory and the Weld County Courts are not allowed to give out probation instead. You could lose your job and your house.  Additionally, an emergency is not a good excuse to Drive Under Restraint in the eyes of the law. If you’re caught Driving Under Restraint for an emergency, the court may or may not still give you jail time and a fine.

Guilty Conviction for Driving Under Restraint in Windsor, Frederick, and Kersey?

In continuation of the previous sentencing options a judge has for those convicted of Driving Under Restraint, a guilty conviction for such crime in Windsor, Frederick, and Kersey also means that you must give up any and all driving licenses. If you fail to hand over any of the following kinds of driver’s licenses to the police or DMV, you will also face a class 2 traffic misdemeanor:

  • Driver’s license
  • Minor’s driver’s license
  • Provisional driver’s license
  • Temporary driver’s license
  • Instruction permit issued by the state, another state, or a foreign country

Class 2 misdemeanor traffic offense penalties are: 10 to 90 days in jail, and $150 to $300 in fines.

Alleged of Committing Driving Under Restraint in Greeley or Weld County?

If you are being accused of Driving Under Suspension or Restraint in Greeley or Weld County, you need an experienced criminal defense attorney fighting for your freedom.

Even if the incident in question was an emergency, avoid saying anything to police. Be respectful, but let them do as they wish. Hiring a skilled defense lawyer is the best thing you can do as they can make your situation clear to the DA that prosecuting is unnecessary or overkill.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense lawyer in the Greeley and Weld County area.

Together, we can protect your future.

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